You have kids, and you don’t live with their other parent for whatever reason. You might be separated or divorced or never married.

The following are the kinds of custody you have can have of children in Massachusetts:

Joint Custody/Shared Parenting/Co-Parenting
The courts in Massachusetts generally are in love with the concept of ‘co-parenting’ –it’s all the rage, and it actually makes sense if both parties are willing and able and live near enough to each other for this to work.
If you have a ‘co-parenting’ plan you have “joint physical and joint legal custody” of your kids.

Physical Custody – this is where the child resides the majority of the time, if it’s half and half, then both parties may have it.

Legal Custody – this is where a party has legal rights to the child, which includes the right have access to all of the child’s medical and school records. This also means that you input on all of the major decisions of a child’s life, such as where he or she attends school, camp, medical decisions, religion and anything else that might arise. The child does not have to reside with you to have these rights. If you and another party have this together it’s called joint legal custody.

Sole Custody – it means you are the only one with legal and physical custody of the child. This does not mean that the other party never sees the child (although it might), it could mean that the other party has visitation with the child (supervised or unsupervised).

What does it mean if you are charged with assault (M.G.L. chapter 265, section 13A) in Massachusetts?

It means that the Commonwealth must prove beyond a reasonable doubt that the person charged placed another individual in fear of bodily harm.   You do not have to actually have physical contact with the alleged victim to be charged with or convicted of assault in Massachusetts.

The maximum sentence for assault is 2 and 1/2 years in a House of Correction (the local county jail).

This doesn’t mean that if you are charged with assault you will be sentenced to two and a half years in jail.  There is a whole spectrum of penalties up to and including the maximum sentence.  Your punishment will depend on your record and the alleged facts.

If you are charged with assault you should contact an experienced criminal defense attorney, such as myself at 866-981-7888 or email me.

Some more about the law:

A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.

(b) Whoever commits an assault or an assault and battery:

(i) upon another and by such assault and battery causes serious bodily injury;

(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or

(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.

(c) For the purposes of this section, “serious bodily injury” shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.

A question I get a lot, is “Do I really need a lawyer?  Can’t I just handle this myself?”

Well, what if you broke your wrist?  Would you set it yourself? Having a broken wrist that doesn’t heal properly, probably won’t kill you (disclaimer: I am in no way a doctor and am not saying that it couldn’t kill you). It would be better if you had a knowledgeable doctor (probably not a neurosurgeon or psychiatrist) to examine the x-ray, and monitor the healing process.  I use the doctor analogy because I would have no idea what to do if I broke a bone (besides call a knowledgeable professional).

If you get arrested, you need someone who knows the system to guide you through it and advocate on your behalf.  You need a criminal defense lawyer, not an Estate or Real Estate lawyer.

What will a lawyer do for you if you are arrested for drunk driving?

• Advise you on the process, from telling you where to stand or sit when you are in court, to explaining the court process from arraignment, through pre-trial, motions sessions and bench or jury trial.
• Talk to the Assistant District Attorney or the Police Prosecutor.
• Gather the evidence.
• Review the evidence against you and determine if there are valid motions to dismiss or suppress.
• If you take a Breath Test, your lawyer can determine if the machine was operating properly.
• Most importantly a lawyer Will make sure that your rights are protected!

I’m familiar with the local Massachusetts courts, it’s not new to me even though it is often a very new and intimidating process for my clients.  Most people (including lawyers) only set foot in the local court house when they have jury duty.  If you have been charged with a criminal driving offense in Massachusetts, first – do not speak to the police, and if you have already, don’t speak to them anymore, second, call me at 866-981-7888 or email me for a consultation.

Stalking.  What is it really?

To be convicted of the crime of stalking, there is actually a lot that the Commonwealth has to prove.  Stalking is defined as:

• a person willfully (on purpose) and maliciously (meanly or spitefully or with a desire to cause injury or fear) engages in a pattern of conduct or series of acts or a specific period of time directed at another person and that other person is seriously alarmed or annoyed.
• the behavior causes a reasonable person to suffer substantial emotional distress.
• and threatens the other person so much so that the other person is placed in imminent (immediate) fear of death or bodily injury.

Stalking does not have to be in person,  it can be done by email, skype, aol, text, chatting, facebook, myspace, regular mail, or telephone.  Basically, if you can communicate on it you can be charged with stalking on it.

What is the punishment for stalking in Massachusetts?

• not more than five years in prison or a fine of not more than 1000.00 or
• jail for not more than 2 and 1/2 years and a fine of not more than 1000.00 or both.

Stalking in violation of a Restraining Order carries with it a minimum mandatory sentence of 1 year.  This is a crime for which, if you are convicted you cannot receive probation.  You will receive jail time if convicted.  The punishment is imprisonment from one year to five years in jail or prison.  A minimum mandatory sentence is a sentence that is required to be served if convicted and before any eligibility for parole or good time early release.

Subsequent stalking convictions carry a more serious conviction (subsequent means that you must have been previously convicted of stalking) of carries a minimum mandatory sentence of two years and up to ten years in jail or prison.

To see the full statute click here.

If you have been charged with stalking, you need an experienced criminal defense attorney to defend you.  Stalking can be difficult to prove, and an experienced criminal defense attorney can help.  Please contact Jessica A. Foley at the Law Office of Jessica A. Foley at 866-981-7888 or email.  Emergency phone calls are responded to 24/7.

Elderly drivers always seem to be in the news – not the majority of them who drive well, use proper caution and follow the rules of the road.  It seems that all are up in arms about the ‘danger’ of the elderly driving.  This is a very real concern for the general public and for family members.  I’m not trying to minimize the importance of keeping an eye on all drivers and helping people decide not to drive if they can’t do so safely.

The next anti-texting law which is going into effect on September 30, 2010 also has a portion that will require any driver over the age of 75 to go into the Registry of Motor Vehicles to renew his or her license.

They will be required to undergo a vision test.   If they don’t want to undergo a vision test, then they have the option of having a test done by their regular doctor.

If you or a loved one are an older driver and your license has been marked at non-renewable or revoked, you can contact us at 866-981-7888 or email at jessica@jessicafoleylaw.com.   The firm is experienced in assisting older drivers get back on the road.

What is criminal harassment? It isn’t just when someone annoys you once, and goes on their way.  It is actually the following:

• someone engages (either willfully or maliciously) in a knowing pattern of conduct, or series of acts of a period of time directed at a specific person.
• the person who has the acts directed at them must be seriously alarmed.
• the acts must cause a reasonable person to suffer substantial emotional distress.

One thing that is clear, is that the Commonwealth or the prosecutor must prove that the person charged engaged in a series of acts or actions, and not just a single act.

If you are convicted of criminal harassment what is the potential penalty?

• jail for not more than 2 and 1/2 years or a fine of not more than 1000.00 or both.  A first conviction of criminal harassment does not carry a state prison sentence.

What about a second or subsequent conviction?

• this carries a potential state prison sentence of not more than ten years or jail for not more than 2 and 1/2 years.

To read the entire statute click here.

A charge of criminal harassment is a serious one.  If you are charged with this in Massachusetts, you need an experienced criminal defense attorney to defend you.  Call Jessica Foley at the Law Office of Jessica A. Foley at 866-981-7888, emergency phone calls are returned 24 hours a day 7 days a week.

You can also send an email to jessica@jessicafoleylaw.com.

The new anti-texting law takes effect on September 30, 2010 in Massachusetts.   This law prohibits using any mobile device.

What does this mean?  It means you can’t:

• WRITE electronic messages (texts, IM’s, emails, etc)
• READ electronic messages (texts, IM’s, emails, etc.)
• SEND electronic messages (texts, IM’s, emails, etc.)
• ACCESS THE INTERNET
• PLAY VIDEO GAMES
• WATCH TV

If you get stopped:  you face fines from $35-$150 dollars.

According to the statute mobile devices include:  any hand-held or other portable electronic equipment capable of providing data communication between 2 or more persons, including, without limitation, a mobile telephone, a text messaging device, a paging device, a personal digital assistant (PDA) a laptop, electronic equipment that is capable of playing a video game or digital video disk, equipment on which digital photographs are taken or transmitted, any machine that is capable of receiving a television broadcast.

MOBILE DEVICES DO NOT INCLUDE: any equipment affixed, installed, either temporarily or permanently in a motor vehicle for the poruse of providing nagviationg or aermegency asistance to theoperator of the vehile, or to entertain passengers in th rear seats of a motivel vheilce (basically anything used as a GPS and to entertain your small children in the back seat are ok as long as they are attached to the car)

Mobile phones can be handheld and used to talk (for operators over 18) as long as ONE HAND REMAINS ON THE WHEEL.

My suggestion for all your smart-phone G.P.S. users (I use my iPhone to navigate quite a bit) is to get something to affix it to the car so that you won’t be breaking the law.

If you are arrested, stopped, pulled over the Law Office of Jessica Foley can help!  We provide aggressive defense and take pride in how we guide our client’s through the difficult and often confusing legal process.  Please call 866-981-7888 for a consultation!

WE ARE HERE TO HELP!

What is Mayhem?

This word often conjures up visions of a crowd gone wild, perhaps visions of police in riot gear pushing back a crowd. That is not the legal definition of mayhem. Mayhem is actually when someone hurts someone so badly that they are maimed or disfigured. Mayhem is a crime of intent, meaning the prosecutor must prove that with malicious (mean or harmful) intent someone has maimed, disfigured, or disabled a limb or member of another person. You can be present and know of the intent of the person harming the other person or help someone disfigure someone else and still be charged with mayhem.

What is the punishment?

If you are convicted of mayhem, you can be incarcerated in a state prison for up to 20 years, or a county jail (house of correction) for up to 2 and ½ years or fined up to 1000.00 dollars. Mayhem is a serious crime to be charged with, and the Commonwealth must prove that you caused and intended to cause (or assisted in causing) some pretty horrific injuries on another person. You can be charged with this crime in a local District Court or in a Superior Court.

Click here to see that statute for mayhem.

If you are charged with mayhem, you need to consult with an attorney immediately.  For an attorney who has successfully defended clients against serious charges like this, email or call The Law Office of Jessica A. Foley at 866-981-7888.  Emergency phone calls are returned 24 hours a day 7 days a week.

The Sex Offender Registry Board (SORB), is the board that classifies sex offenders in Massachusetts.  Anyone charged and convicted of an enumerated sex offense in Massachusetts can potentially be classified by the board.

Individuals are not notified by the board of their potential classification until after they have been convicted.  In the case of people incarcerated for one of the sex offenses, they are not notified until they are nearing the end of their incarceration.   Just when someone has served their time, and is ready to start a new life, they are notified that there is a possibility that there picture will be available on the internet, to the general public, that they were convicted of a sex offense.

If someone is not sentenced to prison or jail, they are usually notified shorty after their conviction.

If you are notified by SORB, you have the right to counsel at the classification hearing.   If you are indigent, you will be appointed counsel.

The classification hearing before SORB is an administrative hearing, where the rules of evidence are not the same as they are in a court of law.  If you are not appointed an attorney, you should hire one to protect your rights.

If you have received a notice of classification and need an attorney please call Jessica A. Foley at the Law Office of Jessica A. Foley at 866-981-7888 or email jessica@jessicafoleylaw.com.

Arraignment is when you are officially charged with a crime in front of judge.

You get to arraignment one of four ways.  The first way is a little less pleasant.

1. Worse case scenario – You are arrested and brought to court either the same day or the next day.  Here are a few scenarios where this can play out:

• You get arrested sometime early in the morning, are booked at the police station and brought to court.
• You get arrested at night, are booked at the police station and are brought to court when it opens in the morning.
• You get arrested on Friday after 3 p.m., are booked, are held in jail over the weekend (hope it is not a long weekend) and are brought to court when it opens on Monday or Tuesday morning.

2. You get arrested, are brought to the police station and get bailed out of the police station on the night (or at the jail if you are being held over the weekend) and are allowed to appear in court the next time that court is in session (the next morning or first thing during the week).

The fee for the bail clerk is 40.00.  You will also have to pay any additional bail money that the clerk (who comes to set bail) deems appropriate.  If you are lucky, it will only cost you 40.00 to go home and take a shower, sleep and change before court.

3. You get arrested and are brought to the police station.  You get a summons to appear at court for a clerk’s hearing.  The police department will present evidence to the Clerk Magistrate that probable cause exists to charge you with a crime.  If probable cause is found, you will be summonsed to arraignment.

4. You get a summons in the mail to come to court on a certain day for an arraignment.  (If this happens you should contact a lawyer as soon as possible to determine whether or not the complaint was validly issued.)

No matter how you get to arraignment, this is generally what happens:

• You will dress as though you are going to an important business meeting or church.
• You will arrive at court and check in with the probation department.
• You will find out (either via a posted list or asking in the clerk’s office or from your lawyer) which courtroom to go to.
• You will go and sit quietly in the courtroom until the clerk calls your name.
• After the clerk reads the charges, you will answer ‘not guilty’, you will either be assigned a court appointed attorney (if you qualify) or you will be told that you should hire your own attorney – or be told you can represent yourself.
• You will get a date from the clerk to appear for pre-trial conference.

If you aren’t going to qualify for a lawyer you can hire you own.  You should hire an attorney who is experienced in criminal matters.  If you have been charged with a crime, drunk driving, operating to endanger or another offense call me at 866-981-7888 or email me to set up a consultation.