Massachusetts Apostille Embassy Legalization * Boston Apostille Embassy Legalization * Providence Apostille Embassy Legalization * New Bedford Apostille Embassy Legalization

HAVE YOU BEEN INJURED? WE CAN HELP! (We’ll come to meet you ANYWHERE in Mass.)

HAVE YOU BEEN INJURED? WE CAN HELP!
We’ll come to meet you ANYWHERE in Mass.

EXTENSIVE EXPERIENCE HANDLING ALL TYPES OF PERSONAL INJURY CASES.
Auto accidents, slips and falls, medical malpractice, workplace injuries, motorcycle accidents, defective products, wrongful death, faulty prescriptions, dog bites and more.

CALL 617-787-3700 for a FREE and CONFIDENTIAL consultation or email gilhoylaw@hotmail.com

Please visit our website at http://www.gilhoylaw.com/

WE ARE EXPERTS AT WHAT WE DO.

“Our office has the knowledge and experience to help you.
We have obtained millions of dollars for our clients.
We will come to you to meet you and answer all of your questions.
We will promptly return your telephone calls.
And we will work hard and smart until we get you the best possible results.
We take great pride in the level of service that we give our clients.”
~ Attorney Gil Hoy

Law Offices of Gilbert R. Hoy, Jr. and Affiliates
15 N Beacon Street
Boston, MA 02134
Tel: 617-787-3700
Fax: 617-787-3701

Call us if you have been injured at 617-787-3700! (We will come to meet you.)

HAVE YOU OR A LOVED ONE BEEN INJURED?
CALL US NOW AT 617-787-3700.

WE ARE EXPERTS IN PERSONAL INJURY LAW AND WILL HELP YOU.

WE WILL COME TO MEET YOU.

For more information, please visit our website at http://www.gilhoylaw.com/

WE HAVE A LONG HISTORY OF SUCCESSFULLY HANDLING ALL TYPES OF PERSONAL INJURY CASES, including worker's compensation, auto accidents, slips and falls, medical malpractice, workplace injuries, motorcycle accidents, defective products, wrongful death, faulty prescriptions, dog bites and more.

Law Offices of Gilbert R. Hoy, Jr. and Affiliates
15 N Beacon Street
Boston, MA 02134
Tel: 617-787-3700
Fax: 617-787-3701

WE ARE THE ATTORNEYS TO HANDLE YOUR AUTO ACCIDENT CLAIM! (WE WILL COME TO YOU ANYWHERE IN MASS.)

WE ARE THE ATTORNEYS TO HANDLE YOUR AUTO ACCIDENT CLAIM!

WE ARE PASSIONATE ABOUT REPRESENTING OUR INJURED CLIENTS.

WE HAVE SUCCESSFULLY RESOLVED HUNDREDS OF AUTO ACCIDENT CASES AND OBTAINED MILLIONS OF DOLLARS FOR OUR CLIENTS!!

CALL US at 617-787-3700 for a FREE and CONFIDENTIAL consultation
or email gilhoylaw@hotmail.com

WE WILL COME TO YOU ANYWHERE IN MASS.

Visit our website at http://www.gilhoylaw.com/

HANDLING AUTO ACCIDENTS AND ALL TYPES OF PERSONAL INJURY CASES.
Slips and falls, medical malpractice, workplace injuries, motorcycle accidents, defective products, wrongful death, faulty prescriptions, dog bites and more.

WE ARE EXPERTS AT WHAT WE DO.


“Our office has the knowledge and experience to help you.
We take great pride in the level of service that we give to our clients.
We will come to you to meet you.
We will answer all of your questions.
We will promptly return your telephone calls.
We will get your medical bills paid.
And we will work hard and smart until we get you the best possible results.”
Attorney Gil Hoy

Law Offices of Gilbert R. Hoy, Jr. and Affiliates
15 N Beacon Street
Boston, MA 02134
Tel: 617-787-3700
Fax: 617-787-3701

Been arrested for drugs? (Suffolk, Worcester, Middlesex and Norfol)

Former prosecutor that has dealt with many drug cases. If you have been arrested for drugs or any other criminal offense Attorney Chan can help you with your case. It is important you set up an appointment right away as time might be essential in the defense of your case. The initial phone call and meeting is free.

617-556-8220

Attorney Jason Chan
77 Franklin Street, FL 3
Boston, MA 02110
www.attorneychan.com
email:Jason@attorneychan.com
Blog: http://attorneychan.wordpress.com/
twitter: Attorneychan
Follow on facebook: http://www.facebook.com/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854

Private Investigation Services

—Private Investigation Services—

Cephos Corp has professional, licensed and bonded investigators.

We offer 24/7 service, surveillance with video evidence, background checks, lie detection and more.

We are a CPCS vendor.

For a free consultation call, 978.703.4725 x303

Visit our web site: www.cephoscorp.com

Has an insurance company denied your claim?

EMC Law has extensive experience in litigation involving insurance coverage disputes. Specifically, it assists policyholders in litigation focused on an insurance company's duty to defend and indemnify the policyholder in connection with automobile, homeowners, and other liability insurance policies. If you are a policyholder having problems with an insurance company denying coverage or refusing to pay under an insurance policy, EMC Law can help you.

Eric M. Chodkowski, Esq.
EMC Law
20 Park Plaza, Fourth Floor
Boston, Massachusetts 02116
P: 617.388.3980
Email: eric@emc-lawfirm.com

Please feel free to contact me on:
LinkedIn: http://www.linkedin.com/in/ericchodkowski
Twitter: http://twitter.com/EMC_Law

Clerk's Hearings (Surrounding Boston)

Are you scheduled for a clerk's hearing?� While many people dismiss a clerks hearing as a minor issue, the results can have a lasting impact.

A clerk's hearing is a proceeding to determine if a criminal complaint should issue. A defendant has the opportunity to be represented by counsel during this proceeding. At the close of the hearing, the clerk will decide whether to issue a criminal complaint.

The result of this hearing can be critical in many ways. If a clerk issues a criminal complaint, you will be scheduled for arraignment. Arraignment is the start of the criminal process. Arraignment is also the triggering event for the charge to appear on a CORI. Many people mistakenly believe that if a case is dismissed post-arraignment, the case is off their record. The reality is that the case will appear on your record as dismissed.

Depending on who (judge, probation employer, school, financial institution etc.) accesses your record will determine what information on one's CORI is provided.

The point is that a clerk's hearing provides an opportunity to prevent a criminal charge from appearing on one's record.

If you are scheduled for a clerk's hearing, call the Law Office of Jeffrey Miller at 617-482-5799 to schedule an appointment.

In accordance with rules established by the Supreme Judicial Court of Massachusetts, this posting must be identified and labeled as "advertising." It is designed to provide general information and should not be interpreted or construed as legal advice or as a legal opinion with regard to any specific facts or circumstances. This does not create a lawyer/client relationship or an attorney/client privilege with respect to any information sent to us.

Attorneys, there are only 10 spots on Page 1 of Google . . . (MA)

Instead of paying thousands of dollars for SEO or Pay-Per-Click, get your practice noticed on the site that was visited over 11,000 times last month by people with questions about Massachusetts law: The Forum for Massachusetts Law (http://www.malawforum.com)

UNLIKE OTHER DIRECTORIES, The Forum offers exclusive listings by county and practice area.

Need Free Legal Information? (MA)

The Forum for Massachusetts Law is a clearinghouse of free MA legal information. We have books, links, discussion forums, and a library of frequently asked legal questions. http://www.malawforum.com

And, if you need to find a lawyer in Massachusetts, try our Attorney Directory: http://www.malawforum.com/isoDirectory/search

Find an Attorney Now (MA)

Find an Attorney Now - Find a Lawyer - Find a Law Firm

http://www.FindanAttorneyNow.com

PROBLEMS AT WORK? EMPLOYMENT LAWYER (Weston, MA)

If you are having problems with your employer or former employer and are not sure if you have a legal claim or claims, please contact me to discuss your case. I am an attorney with almost 22 years of experience working exclusively in Labor and Employment Law representing both employees and management. Rates much lower than large law firms. No charge for initial phone consultation.

-Wrongful Termination
-Layoffs/Unemployment Claims
-Workplace Disputes
-Negotiated Settlements/Severance Agreements
-Discrimination Claims (Age, Sex, Race, Harassment, Pregnancy, Handicap, etc.)
-Collective Bargaining
-Mediation
-Grievances/Arbitration

Email or call 1-781-899-0749
Law Office of Steven Mourginis, Esq.
Weston, MA 02493

INJURED? PERSONAL INJURY ATTORNEY AVAILABLE FOR YOU (North Shore & Eastern Mass.)

Have you or a loved one have suffered an injury that was due to someone else’s negligence? Have you been hurt due to:

• Auto or motorcycle accidents
• Slip and fall injuries
• Dog or animal bites
• Pedestrian or bicycle accidents
• Personal injuries suffered on someone else’s property
• Workplace injuries

If so, have you been fully compensated for all of your costs by the party to blame or their insurance company? Did they cover all of your medical expenses, lost wages, losses to your lifestyle and companionship, and your pain and suffering? If not, you need to seek competent legal assistance to help you recover your losses and be made whole again.

Call The Law Offices of Gordon W. Graham, Jr. in Peabody for civil litigation representation at (978) 278-3575, visit our website at www.ggrahamlaw.com and use the contact us feature, or email me at Gordon@GGrahamLaw.com. Reasonable contingent fee rates; you only pay if you win. Free initial consultation. Flexible appointment hours are available. Office is easily accessible on the first floor of a handicap accessible building with plenty of free parking. I’ll even come and meet you if necessary!

The Law Offices of Gordon W. Graham, Jr. is a general practice law firm serving Eastern Massachusetts focusing on solving estate planning, family and elder law, bankruptcy, taxes, business law, civil litigation, and criminal defense problems.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

This posting is only for advertising purposes only. It provides general information only and should not be interpreted as proving legal advice. Also, it does not create an attorney-client relationship, which can only be created after you and an attorney meet and agree on the terms of that relationship. Please do not send any confidential information until an attorney-client relationship has been established. This posting is not intended to solicit clients outside of the Commonwealth of Massachusetts. Every case is different; you should contact an attorney to discuss your specific situation. Some cases are time sensitive; if your’s requires immediate attention, do not delay in finding an attorney.

SEALING & EXPUNGING CRIMINAL RECORDS (Massachusetts)

LAW OFFICE OF PHILIP L. ARNEL
(781)493-6490
philiparnel@arnellaw.com
www.arnellaw.com


MASSACHUSETTS SEALING AND EXPUNGING LAWYER:

If you have ever been either charged with or convicted of any crime in Massachusetts, you should be aware of all your legal rights and consider the very real possibility to seal your criminal offender record information (“CORI”), that is, your criminal record. This applies to any type of misdemeanor or felony criminal charge, even if the charge was eventually filed, nolle prosequi or dismissed, and even if you were acquitted.

Having a criminal record can shadow you for a lifetime and haunt you in many foreseeable and unforeseeable ways. It can hinder or prevent you from getting a job, from finding housing, or from enrolling in school or continuing your education. It can also affect your ability to obtain a mortgage, to secure a business loan or to receive a student loan or a grant as banks and loan officers can deny you because of your criminal record. Professional associations could exclude you because of your criminal record. Needless to say, your criminal record is a domestic relations tactical weapon that will be wielded to your financial and emotional loss in a divorce, child custody or visitation proceeding. Your criminal record could also effectively kill any political aspirations that you have.

Sealing your entire criminal record will prevent most employers, schools, public housing authorities, banks, loan officers, domestic partners and others from accessing embarrassing and damaging information contained in the record. Attorney Arnel is one of the few attorneys who offer specialized services to preserve and maintain the integrity of the criminal records of people accused of crimes. Contact the Massachusetts sealing and expunging lawyers at the Law Office of Philip L. Arnel at (781)493-6490 for a free consultation and assessment as to whether or not you can have your record sealed.

SEAL CRIMINAL RECORDS:

Any person who is arraigned in a Massachusetts court will from that point forward have a criminal record which could be distributed to employers, schools, housing authorities and others regardless of the eventual outcome of the case. Massachusetts General Laws Chapter 276, §100A maintains that a defendant who pleads guilty or who admits to sufficient facts and receives a continuance without a finding (“CWOF”) with probation will have a criminal record that cannot be sealed by way of petition to the commissioner (but might otherwise be sealed by petition to the court) until certain time periods have passed (currently 10 years for a misdemeanor and 15 years for a felony), providing that there are no further convictions except for minor motor vehicle infractions. For the purpose of sealing criminal records, a CWOF with probation will be treated the same way as a conviction.
There is no legal reason not to have your criminal record sealed so, if you can do it, sealing your record is nearly always a good idea. Most people will benefit from sealing convictions under §100A, or by sealing records of dismissed cases, acquittals, nolle prosequi cases, and cases where no probable cause was found, under G.L. c. 276, §100C. If your record is sealed and you apply for most jobs or housing, then the sealed record will not appear on your CORI report. In the past, the Criminal History Systems Board (“CHSB”) would note on a CORI that the individual had at least one sealed record on file. However, this practice was illegal and it should no longer happen. The CORI should contain no indication that there are sealed records. If an individual has had the entire record sealed, the CHSB should send a report that says there are “no adult criminal records on file.” Sealing your criminal record will not arouse suspicion or create a “red flag,” since nobody except the police, law enforcement agencies, certain other government agencies, and a very few employers will be able to tell that there are sealed records on file.

Again, if all your cases are sealed, the CORI will not show that you have sealed records on file. Massachusetts law also permits you to answer “no record” if anyone asks if you have a criminal record. Law enforcement will know that you have at least one sealed record on file and can request that the court unseal the record, but only for their exclusive review. Other than law enforcement, only a very few agencies will be able to see that you have sealed records. Some of these agencies include the Department of Social Services (“DSS”) and the Department of Youth Services (“DYS”).

Notably, when a case concludes favorably (i.e., acquittal, nolle prosequi, dismissal without an order of probation) to a defendant, the defendant can petition at any time to have the record sealed as there are no waiting periods under §100C. Even if the case concludes unfavorably, a defendant can otherwise alternatively attempt to seal the criminal record by petition directly to the court, provided that sealing is necessary to effectuate a “compelling government interest.” Any of these processes generally require competent legal assistance and is of uncertain outcome. Contact the Massachusetts criminal record sealing lawyers at the Law Office of Philip L. Arnel at (781)493-6490 for a free consultation to assess your specific case.

UNDERSTANDING YOUR CRIMINAL RECORD AND YOUR RIGHTS:

When somebody refers to your CORI, they speak of your criminal record. CORI is merely the abbreviation for “Criminal Offender Record Information,” which is a record of your Massachusetts criminal history, including any time you were arraigned in court on a criminal charge regardless of the final outcome. The Massachusetts Criminal History Systems Board (“CHSB”) is the government agency responsible for administering CORI. The CORI record should not be confused with the Massachusetts Warrant Management System (“WMS”) record, as WMS will also contain warrants issued before any criminal charges were filed, including cases that may have never been prosecuted. The WMS record is only accessible to law enforcement, prosecutors, probation and the court.

The people and organizations who can view your CORI include you, police, judges, prosecutors and other criminal justice agencies including, but not limited to, the FBI, CIA and ATF. Public housing authorities and other landlords that receive government subsidies or operate subsidized housing can view your CORI as can thousands of employers including, but not limited to, hospitals, nursing homes, schools and child care programs, provided they have special permission from the state. The law also allows victims or witnesses of a crime to view the CORI of the alleged perpetrator and also permits CORI access to anyone in the general public, if the person with the CORI is either in prison or was recently released from prison.
Many employers and public housing authorities are allowed or required to do CORI checks on prospective job or housing applicants whereby they ask the CHSB for a CORI report when they do a criminal background check. However, some employers and housing authorities might pay for the services of private background-checking companies to do both a criminal background check and a credit check. Although by law these private companies can only obtain CORI information that the employer or housing authority can legally get from the CHSB, they often keep their own lists of arrest records and court records that may include additional information that is not included in the CORI report provided by the CHSB. This means that it might get extra information about arrests and the past seven years of your credit history. The CORI Hotline at the Massachusetts Law Reform Institute is available to help you if you have a problem because of a private back-ground checking company and can be reached by calling 617-357-0700, extension 504.

Though most employers and public housing authorities see only convictions and pending cases, other employers, like nursing homes, also see charges that you were not convicted of. A CORI check can only be done if you sign an acknowledgement form that says you know your CORI is being requested. This form also asks you for personal information such as your social security number and mother’s maiden name to make sure that it is your actual CORI that will be provided. It is illegal for anyone to require you to bring a copy of your own CORI as it may have more charges on it than the copy that would be provided by the Massachusetts Criminal History Systems Board.
You should obtain your own CORI if you are not sure what is on your record. Simply call the Criminal History Systems Board at 617-660-4600 and ask them to mail you a Personal CORI Request Form. Some courts also have the form available in the criminal clerk’s office. There is a $25 fee, though this fee could be waived if you fill out an Affidavit of Indigency if you receive certain public benefits, or your income is at or below 125% of the federal poverty guidelines, or paying the fee would deprive you or your family of food, shelter, clothing or other necessities of life. The request form must be notarized and mailed with a self-addressed stamped envelope and you should receive your CORI by mail in two to three weeks.

A CORI report is hard to read and you should seek the assistance of competent legal counsel to assist in interpreting the abbreviations and in understanding exactly what is on your record. For example, there is a big difference between actually being convicted of a crime versus having it continued without a finding and then eventually dismissed. A competent attorney can identify and explain the difference between misdemeanor and felony charges.

A conviction means that you were found guilty of the crime charged, whether you pled guilty or were found guilty by a judge or jury after trial. Massachusetts employers are allowed to ask if you have ever been convicted of a felony or if you have been convicted of or jailed for a misdemeanor within the past five years, other than a first conviction for drunk driving, simple assault, disturbing the peace, speeding and other civil minor traffic violations. If you respond that you have been either convicted or incarcerated for a misdemeanor during the past five years, the employer is then permitted to inquire about any other misdemeanors that occurred more than five years ago. Employers therefore cannot ask about misdemeanors where the date of conviction or end of incarceration, whichever is later, happened five or more years ago, with no convictions since then. You do not have to tell an employer about criminal charges that you were not found guilty of since they cannot inquire about arrests, detentions, or any violations of law if there was no conviction. You also do not have to disclose juvenile delinquency cases or CHINS cases (“Child in Need of Services”) so long as the case was not transferred to the Superior Court for criminal prosecution. Finally, you do not have to tell employers that your criminal record has been “sealed.”
Contact the Massachusetts criminal record sealing lawyers at the Law Office of Philip L. Arnel at (781)493-6490 for a free consultation to assess your specific case.

YOUR “SEALED” RECORD:

Sealing your record prevents people from outside the criminal justice system from seeing it. The police and the courts can still see it, but for almost all employers, public housing authorities and everyone else it is like the charge never occurred. Since criminal records that are sealed prevent disclosure during a CORI check, if asked, you can just say that you have “no record.” Unlike the 10-year and 15-year waiting periods for misdemeanors and felonies, there is no waiting period to seal the record of charges that did not result in a conviction; for example, nol prosequi cases (the prosecutor decided to dismiss them), charges that were dismissed by the court without probation, or acquittals. Notwithstanding, it will still be required to show, by way of evidentiary hearing and oral argument to the court, that there is a “compelling government interest,” or a good reason (such as the charges are preventing you from finding employment or housing), to seal your record.

Contact the Massachusetts criminal record sealing lawyers at the Law Office of Philip L. Arnel at (781)493-6490 for a free consultation to assess your specific case.


LAW OFFICE OF PHILIP L. ARNEL
(781)493-6490
philiparnel@arnellaw.com
www.arnellaw.com

EXPUNGING RECORD of 209A RESTRAINING ORDERS (Massachusetts)

LAW OFFICE OF PHILIP L. ARNEL
(781)493-6490
philiparnel@arnellaw.com
www.arnellaw.com


MASSACHUSETTS 209A CIVIL RESTRAINING ORDER RECORD EXPUNGING LAWYER:

If you have ever been the recipient-defendant of either a 208 or 209A Abuse Prevention Order, more commonly known as a “restraining order,” you should be aware of all your legal rights and consider the very real possibility to expunge your civil record from the statewide domestic violence registry system. This applies to any restraining order, whether it was in effect for only ten days or for an entire year, and even an order that thereafter extended year to year. This also applies to cases where the order was not extended by the court as well as to instances where the order was eventually vacated upon your motion to the court.

Having a record of a civil restraining order can shadow you for a lifetime and haunt you in many foreseeable and unforeseeable ways. It can hinder or prevent you from working in some occupations, such as certain law enforcement jobs or perhaps as a physician, a therapist, a pharmacist or a nurse. It might affect your eligibility to become a foster parent or work for certain social services agencies such as the Department of Social Services (“DSS”) or the Department of Youth Services (“DYS”). In some instances, it can result in termination from your present job if the existence of this record is discovered.
Having a record of a civil restraining order could prevent you from being accepted to certain schools or otherwise to be suspended or even expelled from your current schooling. A few institutions of higher education known to highly scrutinize both applicants and enrolled students alike include law schools, accounting programs, medical schools, pharmacological schools and nursing programs. Professional associations could exclude your membership if you have a record of domestic violence. Needless to say, the record of a civil restraining order is a domestic relations tactical weapon that will be wielded to your financial and emotional loss in a divorce, child custody or visitation proceeding. It could also effectively kill any political aspirations that you have.

Expunging your entire civil record will prevent most employers, schools, domestic partners and others from accessing embarrassing and damaging information contained in the record. Attorney Arnel is one of the few attorneys who offer specialized services to preserve and maintain the integrity of the civil records of those who effectively become the undeserving real victims of civil restraining orders. Contact the Massachusetts sealing and expunging lawyers at the Law Office of Philip L. Arnel at (781)493-6490 for a free consultation and assessment as to whether or not you can have your civil record expunged.

EXPUNGE RECORD OF 209A CIVIL ABUSE PREVENTION RESTRAINING ORDER:

Any person who is the recipient of an abuse prevention “restraining” order pursuant to Massachusetts General Laws Chapters 208 or 209A will from that point forward have a civil record of restraining order that is contained and discoverable within the statewide domestic violence registry system and which could be disclosed to certain employers, schools, agencies and others regardless of the eventual outcome of the actual civil dispute.

In Vaccaro v. Vaccaro, a 1997 case, the Massachusetts Supreme Judicial Court ruled that even though a 209A order against him was vacated, a husband could not have the record of the order expunged from the domestic abuse registry. On March 10, 2006, the Massachusetts Appeals Court decided a case in which a 209A order had been obtained through a fraud on the court. In Commissioner of Probation v. Amanda Adams, 65 Mass.App.Ct. 725, 843 N.E.2d 1101 (2006), the court distinguished that scenario from that of Vaccaro, and ruled that “a judge has the inherent authority to expunge a record of a 209A order from the statewide domestic violence registry system in the rare and limited circumstance that the judge has found through clear and convincing evidence that the order was obtained through fraud on the court.”

Contact Massachusetts civil restraining order expunging lawyers at the Law Office of Philip L. Arnel at (781)493-6490 for a free consultation to assess your specific case.

ATTORNEY ARNEL PREVAILS! – THE DAWNING OF A NEW ERA:

Since a restraining order is by itself civil in nature, it only becomes criminal if the defendant is accused of and charged with violating one or more of its specified conditions. Unlike criminal cases, the record of a restraining order cannot be sealed and, until the court ruled otherwise in the Adams case, a judge had no inherent power to order the civil record expunged since the order was not part of the criminal record system, but rather part of the statewide domestic violence registry system. Since this largely applauded ruling, Mr. Arnel is highly acclaimed and commended for effectively “opening the floodgates” by becoming the first lawyer in Massachusetts history to successfully argue for the expunging of the record of a restraining order. A brief summary of Mr. Arnel’s landmark case, Chamberlain v. Khanilian, was published on the front page of Massachusetts Lawyers Weekly (September 11, 2006; No. 16-019-06) and can be reviewed by visiting www.arnellaw.com, visiting the “Expunge Restraining Order Record” page, and clicking view where indicated.

The record of a civil restraining order can now be expunged (by way of written motion to the court with accompanying memorandum of law and supporting affidavit, and generally after both evidentiary hearing and oral argument) from the statewide domestic violence registry if shown by clear and convincing evidence that the order was obtained through fraud on the court. However, as the courts continue to struggle in their ageless plight to define the arguably vague concept of fraud, it is oftentimes difficult to prove. That the plaintiff may have been somewhat untruthful in executing the original affidavit or even in proffering subsequent testimony, or that the order was not extended, or that it was even vacated, will rarely singularly suffice to establish that a fraud was perpetrated to the extent required to expunge the record. Meeting this criterion places an expectedly heavy burden on the defendant and is, consistent with most legal proceedings, of uncertain outcome. However, as Mr. Arnel has already proven to the entire legal community and shown others through his relentless perseverance, it is entirely possible with his significant legal knowledge and thorough preparation.

See also the CHANNEL 5-WCVB BOSTON news story featuring Attorney Arnel by clicking the link provided on the “Expunge Restraining Order Record” page at www.arnellaw.com.

Contact the Massachusetts civil restraining order expunging lawyers at the Law Office of Philip L. Arnel at (781)493-6490 for a free consultation to assess your specific case.


LAW OFFICE OF PHILIP L. ARNEL
(781)493-6490
philiparnel@arnellaw.com
www.arnellaw.com

Indian law firm wishes to do your research (India Chicago Boston)

An Indian law firm with American law school educated principals with complete LexisNexis and WestLaw wishes to do your initial research. You do the work on your own intake and briefs but for only $250 we will provide you with what we consider ten relevant precedent setting cases. We have in house lawyers in the Midwest but most of the work is done by lawyers in India.





Did we mention the first one is free!

CLERK'S HEARINGS & PROBATION SURRENDER HEARINGS (Massachusetts)

LAW OFFICE OF PHILIP L. ARNEL
(781)493-6490
philiparnel@arnellaw.com
www.arnellaw.com


MASSACHUSETTS CRIMINAL HEARINGS LAWYER:

There are numerous different types of hearings that often occur before, during or after the final disposition of a criminal case. Such hearings include, but are not limited to, Clerk Magistrate Hearings, Bail Hearings, Dangerousness Hearings, Probable Cause Hearings, Grand Jury Indictment Representation, Police Interviews, Probation Detention Hearings and Probation Surrender Hearings. These hearings are separate and distinct proceedings from other Motion Hearings in the case such as discovery motions, motions to suppress evidence and motions to dismiss.


CLERK MAGISTRATE HEARINGS:

There are certain offenses, typically misdemeanor crimes without an arrest, for which an accused is afforded a Clerk Magistrate Hearing prior to formal charges being brought by the issuance of a criminal complaint. This hearing is also commonly referred to as a Show Cause Hearing or a Clerk's Hearing and occasionally but incorrectly referred to as a Probable Cause Hearing, which is another type of post-arraignment hearing.

When either the police or a private party (both are referred to as the "complainant") file an "application" for a criminal complaint with the court, the accused is sent a notice in the mail to appear before a Clerk Magistrate in a criminal Show Cause Hearing. The purpose of this Clerk's Hearing is to determine whether there is sufficient evidence to bring formal criminal charges against you. The complainant must produce enough evidence to show "probable cause" that the crime was committed.

The three possible outcomes from this hearing are (1) the denial of the application, (2) the continuance of the application, or (3) the issuance of the criminal complaint. Denying the issuance of the criminal complaint occurs if probable cause is not found or it is otherwise stipulated. The matter can also sometimes be continued (that is, kept "open") whereby the criminal complaint will issue only if you are later charged with committing another alleged criminal act or otherwise fail to comply with a specific contingent condition during the continuation period. Though the issuance of the criminal complaint is not a barometer of your eventual guilt or innocence, the charge will nevertheless appear on your permanent criminal record ("CORI") once you are arraigned.

Oftentimes you will not be entitled to or afforded the opportunity to be heard at a Clerk's Hearing and a criminal complaint will instead directly issue. Unless you are arrested and transported to court, you will otherwise receive a summons to appear for the Arraignment, which is typically the initial court appearance at which the reading of the alleged criminal charge occurs and at which the court thereafter automatically enters a plea of not guilty on your behalf. In past years the "remand" was common legalese and oftentimes ordered by the courts, despite that the legislature never enacted an actual remand statute. Massachusetts courts have now almost completely abolished this tactic and motions to remand a case to a Show Cause Clerk's Hearing are routinely denied. As a result, even many attorneys and judges alike are unaware that it is still possible, albeit rare, upon a joint oral motion and showing by the defense or prosecution to the court, to have a case "removed" from the docket list and then down-graded to a Clerk's Hearing. This procedure is most easily facilitated if it is motioned before the arraignment occurs, though this is rarely done since most accused persons have not yet had a chance to retain legal counsel at that early stage. However, it can also possibly occur after the arraignment, assuming that the judge can be convinced that justice requires a dismissal of the case "nunc pro tunc" (that is, retroactively) to a time that is immediately prior to the arraignment and provided that this specific wording is clearly and legibly entered upon the docket sheet. This is the only way, after you have been previously arraigned, that the court's probation department can then forward the requisite paperwork to the Office of the Commissioner of Probation to request it to "expunge" (that is, permanently erase as if it never existed in the first instance) the entry of dismissal from your criminal record, though there is no absolute guarantee of eventual expungement. Attorney Arnel has successfully achieved this rare outcome on notable occasions.

At the Clerk's Hearing, witnesses are placed under oath so that the evidence is presented under the pains and penalties of perjury. Despite that sworn testimony is given, formal rules of evidence are usually relaxed. Though not entitled, defense counsel is oftentimes permitted limited cross-examination of prosecution witnesses. It is also customary for the police prosecutor to be present at the hearing instead of the actual witnessing police officer, as there is no requirement that the witnessing officer is present and, as such, the complaint may be issued solely on the basis of hearsay. The defense is, however, permitted to summons any witness, including the witnessing officer, and this should be considered if there are no other viable options to dispute the allegations, again with the caveat that the defense can be denied the opportunity to cross-examine the officer at the hearing.

As previously stated, the standard of proof required for a clerk-magistrate to issue a criminal complaint is "probable cause," that is, there must be probable cause to believe that the accused has committed the crime. Though it is not an especially high burden for the complainant to meet, it is of some comfort to note that a clerk's finding of probable cause does not necessarily mean that you will later be convicted, as the prosecution's task will then be significantly higher whereas its burden will be "proof beyond a reasonable doubt." It is again emphasized that, even in instances where probable cause is found to support the issuance of a complaint, the Clerk Magistrate can oftentimes be convinced to decline to issue the same. The application for the criminal complaint can be kept open for a period of time, typically for six to twelve months, either with or without other specific conditions such as, amongst other things, paying court costs or restitution, attending counseling or obeying a stay away order. This preliminary disposition is somewhat similar to a continuance without a finding that can be imposed by a judge, but without having to admit to sufficient facts for a finding of guilty, without giving up your constitutional right to a trial or appeal, and without being placed on actual administrative or supervised probation. For a brief discussion on a continuance without a finding, please visit www.arnellaw.com and click on Criminal FAQ. However, unlike with a continuance without a finding, a clerk's continuance that results in an eventual denial, and ultimate destruction, of the application does not have the adverse consequences of having the criminal charge entered upon your permanent criminal record which could significantly affect future legal proceedings, employment, schooling, housing, loans, gun licensing, etc. For more information on the adverse consequences of having a criminal record, please visit www.arnellaw.com and click on Seal or Expunge Criminal Record.

BEWARE!!! Since they have not yet been formally charged, many accused make the potentially colossal mistake of taking this critical stage of the legal proceedings too lightly as they become naturally tempted to proceed without legal representation in the hope of saving an otherwise one-time legal fee. It has been said that "sometimes cheap is expensive," so be cautioned not to fall into this perilous trap for, if a criminal complaint issues against you, it could ultimately cost you thousands of dollars more in legal fees, lost time and business opportunity, as well as your driver's license, public housing, financial aid, personal loans, business loans, home loans, public benefits, government assistance, gun licensing and, not to mention, your job and good reputation. Many personnel working in clerk magistrate offices will routinely advise you that you do not need a lawyer for the hearing. That wary advice is ill-conceived and wrong! Remember, this is the one and only opportunity that you will be given to prevent a criminal complaint from issuing against you, one that could conceivably result in catastrophic and life changing consequences! It is therefore critical to always have an experienced and savvy attorney to protect your rights at a Show Cause Hearing.

How Can An Experienced Massachusetts Criminal Defense Attorney Help?

• Procure a dismissal or otherwise negotiate a favorable agreement for you at the Show Cause Clerk's Hearing such as, amongst other things, having the proceeding continued and the application kept open for a period of time in contemplation of dismissal provided that all of the requisite conditions are satisfied.
• Prevent you from being summonsed to court and named as a criminal defendant.
• Prevent you from having a damaging criminal charge being entered upon your permanent criminal record, even if the charge is later dismissed or you are acquitted after trial.
• Prevent you from incurring significant future legal expenses to attempt to "seal" your criminal record and avoiding the uncertainty of the outcome. For more information on sealing criminal records, please visit www.arnellaw.com and click on Seal or Expunge Criminal Record.
• Avoid the stigma and public embarrassment of you being an accused criminal.
• Avoid potential financial loss or other problems in your business affairs.
• Avoid the embarrassment, humiliation, aggravation and stress that a criminal charge could bring to your spouse, children, family or other relationships.
• Avoid the heavy burden that a criminal charge could place upon your marriage.
• Avoid having criminal charges used against you in future divorce, custody or other legal proceedings.
• Avoid having criminal charges used against you in cases involving the Department of Social Services or other agencies.
• Avoid having criminal charges on your record that will increase the future likelihood of an abuse prevention order being issued against you. For more information on restraining order matters, please click on Expunge Restraining Order Record.
• Save you a tremendous amount of time, anxiety and money in defending an otherwise needless case.


PROBATION VIOLATION “SURRENDER” HEARINGS:

Your failure to comply with the conditions of your probation will oftentimes result in a Probation Surrender Hearing. Even a probationer who is merely charged with a new crime, but not yet actually convicted, will likely face a probation surrender under Massachusetts law. Depending upon your prior criminal record and other circumstances, such as the crime and sentence for which the original probation was imposed and the nature of the alleged new probation violation, it may also result in a Probation Detention Hearing. A Probation Detention Hearing is a device employed by the probation department to "detain" a probationer without bail until the final Probation Surrender Hearing occurs.

The principal goals of probation are rehabilitation and public protection. In addition, punishment, deterrence and retribution are also secondary objectives of probation. Judges have the right to modify conditions of probation but, in order to do so, there must be a material change in circumstances. A probation officer does not have the discretion to alter or modify conditions of probation.
If you are being "surrendered," you must first receive written notice from the probation department which must inform you of the alleged violations. The Probation Surrender Hearing is not to be held less than seven days after the notice is given, unless waived by you, and should not be held later than thirty days, although this rule is oftentimes ignored. There is a right to counsel at the Probation Surrender Hearing and counsel should be given a reasonable opportunity to prepare and present a defense.

A preliminary hearing is required only when a liberty interest is at stake, meaning a probationer is taken into custody because of an alleged violation. If a probationer is incarcerated on other matters at the time of the violation proceeding, there is no right to a preliminary hearing. While the standard of proof for evidence at the preliminary hearing is probable cause to believe the defendant has violated the probation, the standard at the final hearing is preponderance of the evidence.

Strict rules of evidence do not apply to probation violation hearings. Hearsay is admissible if it is reliable and there is good cause to deny confrontation. Illegally obtained evidence, such as statements obtained in violation of Miranda and unlawfully seized evidence, is admissible. The District Attorney may represent the probation department at a Probation Surrender Hearing.

A judge, after finding a probation violation, must determine whether to revoke the probation and sentence the defendant or, if appropriate, modify the terms and conditions of probation. A judge may also simply continue probation. Possible dispositions upon revocation of probation include:

1. Continue on same terms and conditions originally imposed.
2. Impose guilty or juvenile delinquency finding (if on a CWOF).
3. Impose suspended incarceration sentence or DYS commitment.
4. Incarceration or commitment to DYS.
5. Extend term of probation.
6. Modify conditions of probation.
7. Increase level of supervision.
8. Electronic bracelet monitoring.
9. House arrest.
10. Curfews.
11. Alcohol testing and drug screens.
12. Community service.
13. Terminate probation.

How Can An Experienced Massachusetts Criminal Defense Attorney Help?

• Prevent a conviction from entering upon your permanent criminal record.
• Avoid collateral consequences such as loss of driver's license, employment, financial aid, subsidized housing, government assistance, benefits, etc.
• Prevent the imposition of overly restrictive conditions.
• Advocate in unfavorable situations for reasonable conditions of probation, such as electronic monitoring, stay away orders, curfews, surrender of passports or licenses (motor vehicle or firearms), etc.
• Avoid drug and alcohol testing, counseling and community service.
• Eliminate, stay or reduce the term of your probation.
• Prevent incarceration or juvenile commitment to DYS.
• Save you money in court fees, fines and monthly probation fees.


LAW OFFICE OF PHILIP L. ARNEL
(781)493-6490
philiparnel@arnellaw.com
www.arnellaw.com

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