Patrick J. Murphy, Esq.
Directory Practice Areas
- Criminal Law
- Domestic Violence
- DUI & DWI
- Credit Cards Accepted
- Free Consultation
Jurisdictions Admitted to Practice
|United States Bankruptcy Court|
|United States District Court, District of Massachusetts|
|Law Office of Patrick J. Murphy|
|New England School of Law||J.D.|
|Honors: Cum Laude Graduate|
|University of Massachusettes||B.A.|
|Honors: Dean's List|
|Member, National Rifle Association (N.R.A.)|
|Member, Massachusetts Academy of Trial Attorneys|
|Member, Massachusetts Bar Association|
- Overall: 298th
- Overall: 8 Answers
Q. Have been issued with a capias in boston mass. living outside the us but returning nxt week. should i get a lawyer?
A: The short answer is yes. A capias is an arrest warrant issued by a judge on a court case. It is advisable to sit down with a lawyer to discuss all the facts concerning the underlying court case to determine if legal representation is warranted under the circumstances. The lawyer will be able to contact the court to arrange for you to turn yourself in to avoid the possibility of being taken into custody by the police or a constable. You may have been a witness in a case where you received a summons to appear in court but did not go. You may have been a party to a case and the judge could have ordered you to do something and you failed to do so. There are many reasons for the issuance of a capias. Call a lawyer today.
Q. How does an inmate get released to attend a court hearing
A: The inmate or his lawyer must contact the BMC and ask that a habe issue to the Billerica HOC so that he may attend the hearing date.
Q. How can i modify a restraing order?
A: The person that filed the request for the original restraining order may go to the court that issued the order and request that the judge modify it. Notice must be given to the other party unless their is an emergency. Even if you did not file the original request and had the order issued against you, you can still go to court and ask that it me modified upon giving notice to the other party.
Q. Can and officer pat frisk near your buttocks area
A: It depends. The police officer, in a street encounter of an individual cannot frisk someone unless they have reasonable suspicion to believe the person is involved in criminal activity and is armed and dangerous.
Q. In what states are polygraph tests held up?
A: Mostly none. There are two categories. There are some states that allow the use of the test only by stipulation or agreement between the parties otherwise it's not admissible. Then there are the rest that completely forbid its use. In Massachusetts, the test is not admissible in evidence but can be used in probable cause determinations when police are seeking a warrant.
Q. What is a fairness hearing?
A: I have not heard the term fairness hearing but I have heard the term "a fair hearing" and that simply pertains to having due process with respect to someone making a decision about certain rights or privileges that you have before they try to do something to change the status of those rights or privileges. It means that you have an opportunity to be heard and to argue your case before a decision is made. This is very important and you must exercise certain fair hearing rights in a timely fashion. Please let me know if I can help.
Q. Can a probation officer show up at my residence at any time without notice even when i am wearing a gps device
A: A probation officer has the right and obligation to meet with a probationer when that individual is on supervised probation. The fact that you are wearing a gps devise is of no consequence. If you are not home when you should be, or the probation officer has reason to believe that a visit is appropriate, he or she may come to your home to check in on you. Obviously, this is usually done at reasonable times. If someone is on a curfew, they will often check to see if you make that curfew. It is best to maintain a cordial and respectful relationship with your probation officer as he or she sometimes has the "keys to the jail cell." Let me know if I can be of further help.
Q. What is a writ of habeas corpus
A: This is a Latin phrase which means "you have the body". In law it is an order to a jailor or sheriff to bring the person in jail before the court for a hearing. The primary function of the writ is to release someone from unlawful imprisonment.
WEBSITES & BLOGS
Website: Patrick J. Murphy's Website Profile
Website: Law Office of Patrick J. Murphy's Website
Blog: Boston Criminal Defense Lawyer Blog
Duplicative OUI Charges in Massachusetts Protective Sweeps in Massachusetts Prior Bad Acts in Massachusetts Domestic Violence Cases Unlawful Carrying of a Firearm in Massachusetts Showing Someone Else Committed a Drug Crime in Massachusetts Threatened Battery and Assault in Boston Showup Identification in Massachusetts Assault Case Search Warrant Requirements in Massachusetts Miranda Rights in a Massachusetts Investigatory Stop
Duplicative OUI Charges in Massachusetts: If you hurt someone while drunk driving in Massachusetts, you may be... http://bit.ly/1wMiJwu— Patrick J. Murphy, Esq. (@DefenseLawyerMA) July 20, 2014
Protective Sweeps in Massachusetts: In a recent case, a Boston Municipal Court granted the defendants' motion ... http://bit.ly/1mR7IKi— Patrick J. Murphy, Esq. (@DefenseLawyerMA) July 11, 2014
Prior Bad Acts in Massachusetts Domestic Violence Cases: It is not uncommon for Massachusetts domestic violenc... http://bit.ly/1kM1ViG— Patrick J. Murphy, Esq. (@DefenseLawyerMA) June 17, 2014
Showing Someone Else Committed a Drug Crime in Massachusetts: In Massachusetts, there are five different categ... http://bit.ly/SecDId— Patrick J. Murphy, Esq. (@DefenseLawyerMA) May 20, 2014
Threatened Battery and Assault in Boston: In a recent case a jury convicted a defendant of assault by means of... http://bit.ly/1kOAVAG— Patrick J. Murphy, Esq. (@DefenseLawyerMA) May 8, 2014
Showup Identification in Massachusetts Assault Case: In a recent case, a man appealed a judge's ruling on a mo... http://bit.ly/1fkKsMO— Patrick J. Murphy, Esq. (@DefenseLawyerMA) April 22, 2014
Search Warrant Requirements in Massachusetts: In a non-precedential case, the Massachusetts appellate court co... http://bit.ly/1shdYM2— Patrick J. Murphy, Esq. (@DefenseLawyerMA) April 4, 2014
Miranda Rights in a Massachusetts Investigatory Stop: Miranda rights are frequently misunderstood. When police... http://bit.ly/1kMEAA0— Patrick J. Murphy, Esq. (@DefenseLawyerMA) March 20, 2014
Disorderly Houses in Massachusetts: Boston police officers and those from neighboring suburbs are cracking dow... http://bit.ly/NZ5edl— Patrick J. Murphy, Esq. (@DefenseLawyerMA) March 6, 2014
Crime of Perjury in Massachusetts: To prove the crime of perjury in Massachusetts, a prosecutor must prove (1)... http://bit.ly/1elyxkC— Patrick J. Murphy, Esq. (@DefenseLawyerMA) February 26, 2014