I work for a nonprofit. They have just announced that each of us must now 'volunteer' at one of our programs o....
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5/23/2012 12:26
by MassWorker |
Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24
by JeromeW |
Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05
by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48
by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20
by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26
by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42
by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49
by TinaW |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51
by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18
by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37
by Anonymous |
Restitution in MA
Criminal restitution is very limited. Unless you agree to pay restitution, the court may order restitution only after a hearing (commonly referred to as a "Restitution Hearing") in which the Court considers the total amount of out of pocket expenses paid by the complaining witness (payments by insurance companies on a victims behalf are not covered) AND the defendants ability to pay. Many people agree to pay restitution as part of a plea, in that case the amount ordered most likely would be worked out between you, your attorney and the prosecutor.
To answer your question, the complaining witness may still file a civil suit against you in which the damages the civil court may impose would be greater than those the criminal court may impose.
Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.
Restitution
I agree with Attorney Gaughen. In fact, he recently posted similar information regarding restitution in Massachusetts. Even if you are not convicted, the other guy may choose to sue you in civil court where the burden of proof is lower than in the criminal court. You are facing serious charges, and you should discuss these matters with your criminal defense lawyer. Good luck.