Our 19 year old daughter was caught shoplifting a few weeks ago at a local drug store in Auburn. I was hoping the whole thing would go away as it was a $10 item, but we got a summons to appear for a hearing. Any recommendations on how to handle this? She has never been in any legal trouble before and I’d hate this to affect her for the rest of her life.

ATTORNEY ANSWER:

Hire a lawyer to handle it. It sounds like a situation where the matter can be dismissed for court costs. 

Auburn Criminal Defense Lawyer, Michael Franklin, provides legal representation to individuals  in Auburn, Massachusetts and in the neighboring communities in the Worcester County region including the cities and towns of Worcester, Grafton, Sutton, Millbury and Leicester.

Attorney Michael Franklin
Auburn Criminal Defense Lawyer
5 State Street, Suite 1F
Worcester, MA 01609

The client was charged with Assault and Battery with a Dangerous Weapon. The victim claimed that my client took part in stabbing him at a local Worcester bar and restaurant. The victim positively identified my client as being at the scene and taking part in a melee involving several people resulting in his injury. On cross examination, the victim admitted that he did not actually see my client stab or injure him in any way. His supporting witness also admitted this to be true although he was involved in an argument leading up to the injury. My client took the stand and stated he was only trying to break up the scuffle that was occurring. The victim and my client did not know each other. The police never recovered any weapon. The jury deliberated for less than an hour.

Result: Client found Not Guilty after a Jury Trial on January 31, 2012 in Worcester District Court

The client was charged with Aggravated Assault and Battery. The victim claimed that my client punched him in the jaw in a restroom of a local Worcester sports bar. He sustained a concussion and a broken jaw and could not eat solid food for 6 months. Medical records were admitted into evidence. The victim positively identified the client as the one who punched him. On cross examination, the victim admitted to coming into the bar with at least 5 friends but the friends were not at trial to support his version of events. Further, the victim admitted to walking home that evening and did not seek medical help until 11:00am the following morning over 12 hours later. Witnesses for the client did not see the client and the victim go to the restroom together at any time during the evening. The victim admitted that he hired an attorney to handle a potential civil case against the bar for his injuries. The jury deliberated for approximately 1 hour.

Result:  Client found Not Guilty after a Jury Trial on March 20, 2012 In Worcester District Court.

My wife and I own our own home in Millbury and last Saturday at 10 AM I started power washing our house.  My neighbor charged out of his house and started screaming profanities at me while on my property about how I always wake him up.  The altercation didn’t get physical but at first he wouldn’t get off my property when I asked him to and he threatened me.  Is this considered assault under MA law and what can I do to protect ourselves and our home?

ATTORNEY ANSWER:

A trespass occurred when he came onto your property and wouldn’t leave when you requested him to. If you reasonably believed he was going to cause you harm when he came onto the property and you believed he was capable of doing harm and this placed you in fear, an assault occurred. You should report this to the police immediately and request they keep an eye on the situation. 

Millbury Criminal Defense  Attorney, Michael Franklin, provides legal representation to individuals  in Millbury, Massachusetts and in the neighboring communities in the Worcester County region including the cities and towns of Worcester, Grafton, Sutton, Auburn and Leicester.

Attorney Michael Franklin
Millbury Criminal Defense Attorney
5 State Street, Suite 1F
Worcester, MA 01609

I have been married for two years and ready for divorce. We got married because I was pregnant with his child. We rent an apartment in Shrewsbury and I am a stay at home mom to our daughter.  He has money in savings, I do not.  With the new alimony law will I be entitled to anything?   I wouldn’t be able to stay at home to care for our daughter without his financial support.

ATTORNEY ANSWER:

First of all if you are the primary caretaker of your daughter, you would be entitled to child support according to the Mass. Guidelines. This would be approximately 1/3 of his gross income tax free. Most noncustodial parents don’t have the ability to pay alimony in addition to their child support obligation because generally 1/3 of their income goes to paying taxes and they must live on the remaining third. However, on occasion, a high income earner may be assessed alimony in addition to child support. In such cases with the new law you would not be entitled to alimony for a period longer than your marriage of 2 years. 

Shrewsbury Divorce Lawyer Michael Franklin, provides legal representation to individuals and couples going through divorce in Shrewsbury, Massachusetts and in the neighboring communities in the Worcester County region including the cities and towns of Worcester, Edgemere, Westborough, Grafton and Millbury.

Attorney Michael Franklin
Shrewsbury Divorce Attorney
5 State Street, Suite 1F
Worcester, MA 01609

We are in the process of getting a divorce.  We have been married nearly 10 years, living a modest lifestyle and have a mortgage free home in Edgemere.  She has probably withdrawn over $200K from our accounts over the past year and I suspect has hidden the cash within her parents accounts.  What can I do?  How will my divorce attorney prove she has hidden this cash?

ATTORNEY ANSWER:

Your attorney can subpoena her parents’ accounts over the last year and take her deposition. She can be asked about the specific withdrawals (why she made them etc.) and about any corresponding deposits made into her parents’ accounts at the deposition where she would have to answer these questions under oath. 

Edgemere Divorce Attorney Michael Franklin, provides legal representation to individuals and couples going through divorce in Edgemere, Massachusetts and in the neighboring communities in Worcester County region including the cities and towns of Worcester, Shrewsbury, Westborough, Grafton and Millbury.

Attorney Michael Franklin
Edgemere Divorce Lawyer
5 State Street, Suite 1F
Worcester, MA 01609

]]> http://www.attorneymichaelfranklin.com/were-getting-divorced-and-my-wife-is-withdrawing-and-hiding-cash.html/feed 0 http://www.attorneymichaelfranklin.com/my-son-was-involved-in-a-car-accident-now-it-seems-the-other-driver-is-retaliating.html http://www.attorneymichaelfranklin.com/my-son-was-involved-in-a-car-accident-now-it-seems-the-other-driver-is-retaliating.html#comments Wed, 29 Feb 2012 20:55:08 +0000 Attorney Michael Franklin http://www.attorneymichaelfranklin.com/?p=480 Additional Information:

My son just told me he was involved in a minor automobile accident in Northborough a few days ago.  He said the other driver was yelling at him and and threatening to beat him so he left.  He didn’t exchange info and he didn’t file a police report.  Then yesterday one of his car windows was broken and he suspects that the guy from the accident did it.  If that’s the case, then clearly the guy is unstable.  What can he do to protect himself?

ATTORNEY ANSWER:

Call the police in Northborough and report both incidents. The guy may be charged with malicious destruction of property if there is sufficient evidence that he broke the window.  The police could charge your son with leaving the scene of an accident if the other driver reported the accident and they don’t believe your son. A witness for your son could help to corroborate his story as to why he left the scene or at least that the guy broke the window. It sounds like he knows where your son is or at least where the car is parked. How would he find this information out? Did he follow your son? Did he get your son’s license plate? Did the guy report the accident to the police? If so, how soon after reporting the accident was your son’s window broken? 

Criminal Defense Attorney Michael Franklin, provides legal representation to individuals in the area of criminal defense in Northborough and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Dudley, Holden, Leicester, Leominster,  Oxford, Paxton, Shrewsbury, Sturbridge, Webster, and Worcester, Massachusetts.

Attorney Michael Franklin
Northborough Criminal Defense Lawyer
5 State Street, Suite 1F
Worcester, MA 01609

Hello. I was arrested in Worcester for gun possession without a firearm identification card. Now it seems like the federal prosecutor also wants to bring charges for the same thing based on the same arrest. What’s going on and what should I do?

ATTORNEY ANSWER:

Your use of the word “seems” is confusing. If a federal prosecution for gun charges will occur against you, it will either happen or it won’t. You really need to consult directly with an attorney in more detail for both matters. In such cases, the federal matter will take precedence and be prosecuted first if in fact you are charged federally. 

Criminal Defense Attorney Michael Franklin, provides legal representation to individuals in the area of criminal defense in Worcester and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Dudley, Holden, Leicester, Leominster, Northborough, Oxford, Paxton, Shrewsbury, Sturbridge, Webster, and Westborough, Massachusetts.

Attorney Michael Franklin
Worcester Criminal Defense Attorney
5 State Street, Suite 1F
Worcester, MA 01609

My ex-husband and I have been divorced for almost 6 years and he has been promoted so his income has changed.  Furthermore, rent for our Paxton apartment has increased significantly.  What is the process for a divorce modification for increased alimony and child support, and is it difficult?

ATTORNEY ANSWER:

This depends on what you want to change. Generally, divorce judgments are not written in stone as to issues of custody, medical insurance, alimony, child support, visitation and issues related to the child or children such as college. These provisions can be modified with the first step being the filing of a Complaint for Modification. In order to obtain a modification of a divorce judgment, a substantial change in circumstances must be shown. This is achievable in most cases because the Court understands that things can change over time.

However, if you want to modify the terms of how property was divided, this tends to be extremely difficult to do. 

Paxton Divorce Modification Lawyer Michael Franklin, provides legal representation to individuals in the area of divorce and family law in Paxton MA and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Holden, Leicester, Leominster, Shrewsbury, Sturbridge, Westborough, Northborough, Webster, Dudley, and Oxford, Massachusetts.

Attorney Michael Franklin
Paxton Divorce Modification Lawyer
5 State Street, Suite 1F
Worcester, MA 01609

When I got married, I moved into my wife’s house in Leicester. We are now getting divorced after 15 years of marriage.  The house is only in her name, we never added my name to the deed.  I’ve done all of the maintenance and improvements and want to keep the house. Do have any rights to it?

ATTORNEY ANSWER:

Yes, you have a right or a claim to a share of the equity of this real estate regardless of whether your name is on the deed. Your marriage gave you this right. However, if you executed a prenuptial agreement which protected this real estate from any claims you may have, your rights to the real estate may be limited by its terms. If you did not execute a prenuptial agreement, your wife may be entitled to claim that she should receive a credit for the down payment and for the amount she contributed to the real estate prior to the marriage. This may result in an unequal division of the equity in the real estate in her favor. Alternatively, her claim may be offset by the amount of the repairs and improvements you made to the real estate if such improvements resulted in a large increase in the fair market value of the real estate. This issue will have to be explored in more detail when you discuss it with counsel.

Leicester Divorce Attorney Michael Franklin, provides legal representation to individuals in the area of divorce and family law in Leicester MA and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Holden, Leominster, Paxton, Shrewsbury, Sturbridge, Westborough, Northborough, Webster, Dudley, and Oxford, Massachusetts.

Attorney Michael Franklin
Leicester Divorce Attorney
5 State Street, Suite 1F
Worcester, MA 01609