The Massachusetts Supreme Judicial Court has ruled that courts can charge $25 for a clerk magistrates appeal and an additional $50 for a judge's appeal of a civil motor vehicle offense. The court reasoned that the fee for both a clerk magistrate's hearing and a judge's appeal was reasonable and necessary to address the large number of people appealing their motor vehicle tickets.
Before 2009 there was no fee to appeal civil motor vehicle ticket, yet the legislature changed the law and enacted the $25 fee for the first hearing and an additional $50 fee for judges hearing. In the case that went to the Supreme Judicial Court Ralph Sullivan received the ticket prior to the imposition of the new fees. He appealed this ticket and was then charged a fee of $25 for the clerk magistrates hearing. He was found responsible at the clerk magistrates hearing and appealed that decision to a judge. Mr. Sullivan presented his case to the judge and was found not responsible. He then motion the judge to refund his fee, which the judge denied. Mr. Sullivan stated he should never have been charged a fee because at the time he had appeal to the ticket there were no fees. The court disagreed with Mr. Sullivan and stated that it was necessary to deter frivolous appeals.
The court cited the fact that there are over 200,000 filings for civil motor vehicle hearings each year in Massachusetts. The court reasoned that the fees are necessary to ensure adequate resources be given to these types of hearings. Even though the law changed between the time of Mr. Sullivan's filing of his appeal the court acted proper in assessing him the fees.
The law today Massachusetts is that in order to be given a magistrates hearing one must pay the fee for the appeal within 20 days of being cited.
If you or somebody you know has been given civil motor vehicle ticket you should consult with an attorney that handles these types of matters. Civil motor vehicle tickets may result in both fines, increased insurance costs, and a loss of license.
Patrick Donovan

A judge in Stoughton recently set bail for the Bridgewater woman accused in a deadly drunk driving incident at $100,000. The Defendant asked the judge to set a bail in the amount of $2500, while the District Attorney argued for a $10, 000 cash bail. After hearing the arguement the judge set the bail at $100,000.

It is rare that a judge will exceed the amount of bail the District Attorney seeks. It is even more rare that the judge will increase the bail by that much. Anytime a person is arraigned on a criminal charge the Districct Attorney has the right to seek bail or conditions of release in lieu of bail. Judges set bail on conditions set out in the bail law. The conditions include potential penalties, nature and circumstances of the crime alledged, risk of flight, ties to the community, drug abuse, employment to name a few. Here the crime alloedge is very serious but the woman has never been in trouble before.

I support the request by the District Attorney. Not because it is lower and I am a criminal defense attorney but because I think it is fair. It is a tragic situation and nothing lessens the fact the a woman died, but the issue was to set bail The purpose of bail is to ensure the persons appearance a the next date. The United State Constitution even provides the right that excessive bail not be allowed. Setting bail cannot and should not be punative that is what a sentence is for.

In this case, the woman would then petition the Superior Court for a bail reduction and I think that they will reduce the bail. In Massachusetts, if the judge sets $100,000 the defendant will have to post the enitire amount. Bail Bondsman are not used in Massachusetts and the amount set by the judge is the amount one needs to get out of jail.

Manny Ramirez the prolific former Boston Red Sox outfielder was arrest overnight at his home in Florida for domestic assualt. According to various sources, Ramirez was in an arguement with his wife when he slapped her. He was arrested and brought to jail for the night.

If Ramirez stayed in Boston and this incident happened in Massachusetts he would be facing serious charges. All domestic violence cases are treated seriously in courts throughout Massachusetts. Even plea deals involve a court ordered batters program and anger management classes. Recent court rulings make it easier to allow 911 calls into evidence even if the victim does not want to testify. Rember, it is the Commonwealth pressing the charges not the victim, therefore only the Commonwealth can dismiss the charges.

If you or someone you know has been charged with domestic assault and battery contact an experienced criminal defense attorney today.

Patricia A. Neville-Colp, a 48-year-old Bridgewater resident, will be arraigned today in the stone District Court on charges of motor vehicle homicide, operating under the influence of alcohol, operating under the influence of drugs and leaving the scene of personal injury. On Saturday shortly after 11 PM Ms. Neville-Colp was driving home to Bridgewater from any VFW post in Randolph when she got into the deadly crash. According to the Boston Herald Ms. Neville-Colp sideswiped another vehicle when she emerged onto route 24 from route 139.
The other vehicle began to spin rolled over multiple times where the 57-year-old driver was ejected and pronounced dead on the scene. When Massachusetts State police searched Ms. Neville-Colp's car they found 16 marijuana cigarettes, E pill bottle, and he partially smoked marijuana cigarette on the cars floorboard.

Motor vehicle homicide while OU I is a felony charge of the Commonwealth of Massachusetts, the penalty is very severe and shall be punished in the state prison for not less than 2 1/2 years not more than 15 years. AlsoT the registry of motor vehicles will suspend persons license if they are charge with motor vehicle homicide for a long period of time.

A 54-year-old Hyde Park man has been indicted by a federal grand jury on the charge that inspired to bring women from New York to Vermont to act as prostitutes. According to the four-page indictment filed in the US District Court in Vermont the man was allegedly supplying Vermont dairy farmers with prostitutes. The farmers would pay the sexual services. According to the indictment man was paid $60 each sexual encounter. Federal investigators stated that this event going on for six months starting in October 2010.

Prostitution is a dangerous serious charge you or somebody that you know has been charged with that offense contact attorney Patrick Donovan today.

Www.PDonovanlaw.com

Todd Randall pled guilty on February 7, 2011 to lying to the FBI about his involvement in a public corruption case.Mr. Randall pled guilty to one count of making a false statement to the FBI In Federal Court, in Boston. Mr. Randall was capturedon audio and video as he collected a $200 bribe from a confidential informant. Mr. Randall accepted the bribe in exchange for assistance with a criminal case in the Chelsea District Court. When asked about his involvement Mr. Randall denied knowing or meeting with the person on the videotape.

It is always better not to speak to the FBI rather than lie. If you are caught lying charges like obstruction of justice, or witness intimidation are likely results of lying to law enforcement officials.

If you are somebody that you know has been asked to speak with law enforcement you always have a right to be represented by an attorney.

www.pdonovanlaw.com

A 21-year-old Allston man was charged in the Boston Municipal Court with indecent exposure and disorderly conduct after police officers observed the man urinating out of a party bus. At about 9:05 on Tuesday, September 6 police officers heard loud music coming from a blue bus. The bus approached Exeter Street in the Back Bay section of Boston police officers watched the man open the bus window, expose himself and urinate in front of pedestrians. Please officer stopped the bus and arrested the 21-year-old man. The man was then formally charged and was released on his personal recognizance.

Although the story seems funny, and juvenile the charges very severe. Also, this man who appeared to be intoxicated now seems to be newsworthy.

If you or somebody you know is been charged with indecent exposure or disorderly conduct should hire an attorney that is experienced with these crimes. Boston criminal attorney Patrick Donovan offers free consultations. Call today.

A 22-year-old man charged with larceny over $250, resisting arrest and disorderly conduct allegedly ran across I 93 in Braintree Mass. according to the patriot ledger the man grabbed merchandise from the Macy's store at the South Shore Plaza at around 6 PM on Sunday. Moments later police received a call from a driver that a pedestrian was trying to cross the highway. The man later arrested by police had two outstanding warrants for breaking and entering and shoplifting.

The man was set to be arraigned at the Quincy District Court.

Beginning September 19, 38 Massachusetts courthouses will begin reduced hours for clerks and registers. Court officials stated years of budget cuts and understaffing have led to backlogs. In order to address these backlogs, court officials are cutting both counter service and phone service in the clerk's office. Court officials believe that uninterrupted time is needed to address backlogs and reduce delays. Court official state that the proposed reduction in hours will not affect court sessions and that all offices will be available for emergency matters.
During the reduced hours court staff will not be available to answer general telephone questions or to assist the public in the clerk's office.

The 38 Massachusetts courthouses that will have fewer hours available to the public include Attleboro District Court, Barnstable District Court, Eastern Brookfield District Court, Fall River District Court, Framingham District Court, Ipswich District Court Lawrence District Court, Lowell District Court, Lynn District Court, Malden District Court, Natick District Court, Newburyport District Court, Palmer District Court, Somerville District Court, Springfield District Court, Stoughton District Court, Taunton District Court, Uxbridge District Court, Waltham District Court, Westborough District Court, Woburn District Court and Wrentham District Court,

TheBostonChannel.com has a new feature where it is showing mugshots of people recently arrested. As of this morning, 48 images of people that had recently been arrested appeared on the website. The site shows is the persons booking photo, name, age, town they were arrested by and charge. The website does state that all people are presumed innocent until proven guilty.

It is not uncommon to see a booking photo of somebody charged with a heinous or newsworthy crime. This website shows booking photos of people charged with both serious and relatively minor charges.

I find this very troubling, because in the age of Google once something is on webpage it may be found by anybody at any time.It is not uncommon that somebody does a Google searchon a job applicant or prospective tenant, an employer or landlord sees their will absolutely be influenced after seeing the photos. Unless the website is going to follow up on each and every one of the people they put on their website they should stop this feature. I really do not believethat showing booking photos of people charged with misdemeanor offenses is newsworthy. The potential harm to each person far outweighs any type of value.

US Attorney Carmen Ortiz recently charged Pernell Powell with hiring an inmate to murder a Worcester County ADA. According to a release from Ms. Ortiz's office, Mr. Powell allegedly gave $2000 as a deposit to a fellow inmate to murder an assistant district attorney. Mr. Powell agreed to provide more money after the murder was committed. Mr. Powell was being held at the Worcester County House of correction after being charged with a fifth offense OUI. Powell a 73-year-old man from Roxbury was allegedly upset that the prosecutor was recommending a 4 to 6 year prison term for his subsequent operating under the influence. Now Mr. Powell faces up to 10 years in the federal prison followed by three years of supervised release and a $250,000 fine.
It truly surprises me that the penalty for trying to hire somebody to kill a prosecutor is merely four years longer than the recommended prison sentence for drunk driving.

Police arrested Nikita Yanakopulos the 34 year owner of Pinky's Famous Pizza in Medford on charges trafficking marijuana. According to the Boston Herald Mr.Yanakopulos was seen in Everett loading several boxes into his truck. According to the report Yanakopulos had over 250 pounds of what the police described as high grade marijuana. Police estimate the street value of the drug to be $750,000. Yanakopulos was arraigned in the Malden District Court and was released on $15,000 cash bail.

Mr.Yanakopulos is now facing a state prison sentence of not less than three years not more than 15 because violated Massachusetts general law chapter 94C section 32 where he had more than 100 pounds but less than 2000 pounds. In order to be charged with trafficking marijuana Massachusetts one must have more than 50 pounds of marijuana.

Massachusetts treats drug crimes very seriously the consequences may include prison, fines, fees and loss drivers license. If you or someone you know has been charged with a drug crime in Massachusetts is important that you contact an experienced criminal defense attorney. Atty. Patrick Donovan is a former prosecutor that has successfully handled many drug crimes in Boston and throughout Massachusetts. Contact Attorney Donovan for a free consultation.

According to the Cape Cod Times, a Barnstable police detective allegedly shared personal information that he got through a law enforcement database. The Cape Cod Times reports that ta Walpole family received a voicemail claiming the family had been involved in a car accident. The voicemail referenced the license plate number the VIN number and the caller stated he knew with the family lived.No accident had occurred. After getting the voicemail the family went to the Walpole police where it then was revealed that a Barnstable police detective John York had checked the license registration five days before the telephone message.

A Barnstable police investigation revealed that the detective share the information with somebody outside the department. According to the chief of the Barnstable police the detective was counseled on procedures and rules governing the running a registration plates. Even after the investigation the officer denies passing the information on to somebody outside the department stating that must've been a strange coincidence.

www.pdonovanlaw.com

According to the Patriot Ledger, during a recent traffic stop in Hingham Massachusetts police officers noticed beer pouring out of the glove compartment. The driver 22 years old had recently completed a program for her first offense drunk driving. When questioned about the beer coming out of the glove compartment the woman allegedly told police officers that the drink was a gift from a friend for completing the first offenders alcohol treatment program. According to ledger, woman heads admitted that she had driven under the influence of alcohol in March and had received a continuation without a finding as well as a mandatory education class. She now faces her second OUI charge.

Second offense OUI is serious in Massachusetts. Jail time becomes a possibility if is somebody's convicted of a second offense OUI. The alternative sentence is still harsh. At least two years of probation, suspended jail time, a 14 day inpatient program and a two-year loss of license is standard disposition.

If you or someone you know has been charged with an OUI in Hingham or anywhere in Massachusetts it is very important that you speak with an experienced OUI defense attorney. For more information click here

For the past couple of months, there is been a pilot program broadcasting proceedings at the Quincy District Court. The broadcast includes a live stream broadcast from the first session at the Quincy District Court. Arraignments, default removals, and probation violations are all shown in real-time. It is quite interesting and could not be more real. Click here to watch live Quincy District Court proceedings broadcast through Open Court, Monday through Friday nine until the end of court business.

If you would like more information on the Quincy District Court, or you know somebody who needs a lawyer for the Quincy District Court please click here.