The Massachusetts Supreme Judicial Court ruled that a Massachusetts Attorney who was convicted of an assault and battery, and providing contraband to an inmate client was properly disbarred from the practice of law. Attorney Gomes
Term
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In the MATTER of Jon C. TAYLOR.
No. SJC-10632.
October 18, 2010.
Attorney at Law, Disciplinary proceeding, Disbarment.
William J. Keefe for the respondent.
Nancy E. Kaufman, First Assistant Bar Counsel.
RESCRIPT.
The respondent, Jon C. Taylor, appeals from a judgment of a single justice of this court ordering that he be disbarred from the practice of law. We affirm.
Sunday, October 24, 2010
Sunday, October 17, 2010
Can the Police Search My Car Without My Permission or a Warrant?
In most instances the police cannot search your car without your permission in Massachusetts under the 4th Amendment of the U.S. Constitution. The main reasons that a police officer may lawfully search your car is if he or she has probable cause that you have committed, are in the process of committing, or are are about to commit a crime; or if they believe you are armed and dangerous.
If the police stop you for a motor vehicle violation, they are allowed to ask you for your driver's license and registration in order to make sure that they are both valid. Once the officer has confirmed that both your license and registration are valid, the officer is obligated to write you a ticket and release you unless he or she has probable cause to investigate further.
A police officer may not order you from your vehicle unless he is placing you under arrest, or he has probable cause to search your car. If an officer asks for your consent to search your car it is your right to refuse his request. Please remember that if you give a police officer consent to search your car, you cannot later claim that he violated your rights. Also, please keep in mind that the 4th Amendment does not apply in cases where the car is stolen.
If you think you are the victim of an illegal search in Boston, MA, or surrounding areas, please contact Attorney Theresa Gomes at (617) 524-6600 immediately for a Boston criminal defense attorney who will work hard in your defense.
If the police stop you for a motor vehicle violation, they are allowed to ask you for your driver's license and registration in order to make sure that they are both valid. Once the officer has confirmed that both your license and registration are valid, the officer is obligated to write you a ticket and release you unless he or she has probable cause to investigate further.
A police officer may not order you from your vehicle unless he is placing you under arrest, or he has probable cause to search your car. If an officer asks for your consent to search your car it is your right to refuse his request. Please remember that if you give a police officer consent to search your car, you cannot later claim that he violated your rights. Also, please keep in mind that the 4th Amendment does not apply in cases where the car is stolen.
If you think you are the victim of an illegal search in Boston, MA, or surrounding areas, please contact Attorney Theresa Gomes at (617) 524-6600 immediately for a Boston criminal defense attorney who will work hard in your defense.
Friday, October 8, 2010
What's the Easiest Way to Get Divorced in Massachusetts?
The easiest way to get divorced in Massachusetts is under a Joint Petition for Divorce. In order to be divorced under a joint petition, the parties must agree on all aspects of the divorce including, but not limited to: child support, child custody, alimony, property division, liabilities, health insurance, and educational needs of any children. The parties may negotiate these issues with each other, through a mediator, or with attorneys. In my experience, the parties are usually not able to come to an agreement on their own, and it is best to involve at least one attorney, preferably two. The attorney will generally represent the party who has paid his/her fee. Most attorneys will not represent both parties at the same time.
The attorney will be responsible for drafting all documents and filing the documents with the court. After the documents are filed, a court date will be set and both parties will be required to attend the court hearing. The hearing itself generally lasts 10-15 minutes, and is conducted by a judge.
A joint petition is the easiest and most cost effective way to get divorced in Massachusetts. As you may or may not know, divorces can cost thousands of dollars and last for more than one year. I generally charge a flat fee for joint petition cases. Please contact my office at (617) 265-2700 if you are looking for a Massachusetts divorce lawyer to help you with your divorce.
The attorney will be responsible for drafting all documents and filing the documents with the court. After the documents are filed, a court date will be set and both parties will be required to attend the court hearing. The hearing itself generally lasts 10-15 minutes, and is conducted by a judge.
A joint petition is the easiest and most cost effective way to get divorced in Massachusetts. As you may or may not know, divorces can cost thousands of dollars and last for more than one year. I generally charge a flat fee for joint petition cases. Please contact my office at (617) 265-2700 if you are looking for a Massachusetts divorce lawyer to help you with your divorce.
Monday, October 4, 2010
Do I Have to Testify at my Criminal Trial?
The short answer to this question is NO! I guess after a number of years working as a criminal defense attorney, and my prior experience as a police officer, I operate under the assumption that everyone knows the answer to that question. However, after a trial I had last week, and after speaking with a friend, I am beginning to think that not everyone knows that they don't have to testify at their criminal trial.
Under the U.S. Constitution, we all have a 5th Amendment Privilege against self-incrimination. In other words, if you are charged with a crime, a court cannot force you to testify against yourself. We are all presumed innocent until proven guilty. It is not your responsibility to help the government prove or disprove your innocence. You can choose to testify, or not to testify at your trial, whether you are guilty or innocent. In addition, a judge or jury cannot hold the fact that you didn't testify at the trial against you.
I had a trial last week, involving distribution of heroin, where my client did not testify. The jury found him not guilty after thirty minutes of deliberation because the government was not able to prove its case. I'd like to think this is an example of the 5th Amendment at work.
If you have any questions about this post please feel free to leave a comment or email Attorney Gomes at tgomeslaw@yahoo.com. If you want to hire an experienced criminal defense attorney that will work hard for you, call (617) 265-2700 x106 now.
Under the U.S. Constitution, we all have a 5th Amendment Privilege against self-incrimination. In other words, if you are charged with a crime, a court cannot force you to testify against yourself. We are all presumed innocent until proven guilty. It is not your responsibility to help the government prove or disprove your innocence. You can choose to testify, or not to testify at your trial, whether you are guilty or innocent. In addition, a judge or jury cannot hold the fact that you didn't testify at the trial against you.
I had a trial last week, involving distribution of heroin, where my client did not testify. The jury found him not guilty after thirty minutes of deliberation because the government was not able to prove its case. I'd like to think this is an example of the 5th Amendment at work.
If you have any questions about this post please feel free to leave a comment or email Attorney Gomes at tgomeslaw@yahoo.com. If you want to hire an experienced criminal defense attorney that will work hard for you, call (617) 265-2700 x106 now.
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