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Attorney Michael M. Franklin

Attorney Michael M. Franklin
Experience:  27 Years
Area Served: Greater Worcester

5 State Street
Suite 1F
Worcester, MA, 01609


Attorney Message

I am an experienced divorce attorney, family law attorney and criminal defense attorney. My practice is statewide with offices in Worcester, Massachusetts.

I have an outstanding reputation with judges in family law, probate and criminal law courts. I understand that divorce or being charged with a crime can be an emotionally trying experience. I pride myself in delivering personal service, returning client’s telephone calls and making myself available for clients during this difficult time. Contact me to schedule a confidential consultation.

Areas of Practice

Summary

Verification- Supreme Judicial Court of Massachusetts

  • Last verified: 2/18/2014
  • Current status is Active
  • This attorney has no record of public discipline.
  • This attorney has certified that he or she is covered by professional liability insurance.

 

Education

Western New England School of Law, J.D., 1989
Clark University, B.A., 1985

 

Bar Admissions

Massachusetts, 1990
U.S District Court, District of MA, 1991

 

Professional Associations

Member of Massachusetts and Worcester County Bar Associations
Certified Divorce and Family Law Mediator
Past Master of Level Lodge, Shrewsbury, Ma
Member of BNI (Business Network International

About Me

About Michael Franklin

Attorney Michael M. Franklin was born in Worcester, Massachusetts, in 1963. Attorney Franklin began his legal internship in the prestigious family law firm of Norman and Ricci in 1984 while a junior at Clark University. He maintained a relationship with this firm throughout law school at Western New England College School of Law. Upon graduation from law school, Mr. Franklin worked as an associate attorney at Norman and Ricci from 1991 until 1993. Mr. Franklin has maintained his own law practice since 1995. He has been a certified family law mediator since 2000.

 

Reviews

Attorney Michael Franklin has affirmed the following reviews are authentic.

Google Reviews

"Michael is very responsive, professional and accurate. At times it seemed like we were floundering in a morass of uncertainty, but Michael steered us towards a successful resolution to our custody problem. Things worked out much better than what I thought was even possible."

By Child Custody Client

 

Avvo Reviews

"I have dealt with several other attorneys through the years. However, Michael's knowledge of the law and experience allowed him to navigate the legal system in a manner that was unmatched. He was up front with me from the beginning about what my chances were and about the time and effort that would be needed to see this through. He was a true professional every step of the way and was completely committed to the case.  He promptly returned every call I made to him and made himself available after hours and on weekends. He took a genuine interest in the case and the well being of my daughter. "

By James F.

 

"Attorney Michael Franklin recently represented me in court when another party was trying to get permanent guardianship of my child. He returned phones calls and emails very quickly. Michael was also very professional. He had less than an hour to help me prepare to testify and feel comfortable in any possible situations I might face. We won that day! I have my son back and couldn't be more grateful. I highly recommend Michael he was a pleasure to work with."

By a Guardianship client

 

"Not only was the outcome better than I expected, I was impressed by Michael's work. I have worked with many lawyers in the past, and most of them have left me feeling frustrated. Not only did he keep me well informed with letters and copies of all correspondence, Michael returned every call I made to him within hours. I would recommend Michael to anyone I know!""

By a Divorce Client

 

LinkedIn Reviews

"This attorney does not have any LinkedIn Reviews published at this time."

By AttorneyConnect Research Team

 

Cases

Representative Cases

Child Custody Case:

I represented the father of a 12 year old boy who was seeking shared physical custody of him with the boy’s mother. The child was born out of wedlock and the mother had obtained sole physical custody of the child through a Judgment of the Family Court in California in 2005. Since the entry of the Judgment in California, the parties moved to Massachusetts and the boy became very close with his father and they spent a lot of time together. The father was spending at least 50% of the week with the boy. However, the father was potentially liable for thousands of dollars in child support owed to the boy’s mother. The father came to me after growing disillusioned with his first attorney.


Result: I negotiated a settlement of the matter where the father obtained shared physical custody of the boy and neither party owed child support to the other.

Q&A

Legal Questions & Answers


A:
You may stay separated as long as you like but you will still be considered married. By not proceeding with and obtaining a divorce, he would have the ability to claim a share of your assets that you acquire post separation and he will have the right to claim a share of your estate should you pass away.




A:
You will violate the Order if you meet with your wife (regardless of who is present) write her, call her, text her, Skype her or email her while the no contact provisions of the Abuse Prevention Order are in effect. In fact, if any contact is made with her by third parties on your behalf this will also violate the Order. The only way you can speak with her without triggering a criminal violation is if the no contact provisions of the Abuse Prevention Order are either vacated or modified to allow you to do so. An attorney would certainly help you achieve this.




A:
The recent horrific case in Hadley, Massachusetts has brought this issue to light not only in Massachusetts but nationally and consequently your daughter is receiving the benefits through her school bullying prevention program. In addition, there are several criminal laws in Massachusetts that could be invoked in your daughter’s situation which address bullying conduct as criminal with criminal penalties: (1) Mass. Gen. Laws C. 265 Section 43-Stalking, (2) Mass. Gen. Laws Chapter 265 Section 43A-Criminal Harassment, (3) Mass. Gen. Laws C. 269 Section 14A-Annoying Telephone calls/or Electronic Communication.




A:
In order to obtain an annulment you have to show that the marriage was based on fraud. It sounds like you would qualify for an annulment in your situation. However, your husband is still the child’s father and as such would still be granted some parenting time. If you are the primary caretaker of the child, there is no reason why this would not continue to be the case. Certainly, the Court would consider your husband’s criminal background and the reasons he thought it necessary to use a name other than his own in awarding custody and visitation rights. The Court will consider what is in the child’s best interests in making such a determination.




A:
In this particular situation, a trespass occurred when your neighbor came onto your property and wouldn’t leave when you asked him to. If you reasonably believed he was going to cause you harm when he came onto your property and you believed he was capable of doing harm and this placed you in fear, then under the law of Massachusetts, an assault occurred. You should report this to the local police immediately and request they keep an eye on the situation.




A:
Minor children principally dependent on the custodial parent and the non-custodial parent while attending college on a full time basis become emancipated upon graduating from college. However, if they have not graduated, they are considered legally emancipated on their 23rd birthday regardless of whether they graduate or not. You will no longer be legally liable to pay child support beyond graduation. Therefore, yes, you may stop paying child support upon your child graduating from college




A:
The police observed 3 friends pass this bag of allegedly an illegal substance, presumably marijuana, amongst each other. The government will have to test the substance and provide an official certification that it is marijuana as well as the official weight of the marijuana in the bag that was passed around. If the results come back that the bag contained marijuana and the official weight of the entire bag of it is more than 1 ounce, the testimony of the police observing all 3 possessing the bag is sufficient to obtain a conviction for your son. Nevertheless, since he doesn’t have a prior criminal record, I anticipate that the District Attorney’s office may dismiss the School Zone portion of the charge of Possession of a Class D Substance with Intent to Distribute because it mandates a minimum sentence of two years in the house of correction. The prosecutor may dismiss the possession charge with Court Costs or offer your son a continuance without a finding of guilt so long as he successfully completes a probationary period (generally 6 months to a year). If the bag of marijuana weighed less than 1 ounce, no criminal convictions will result but civil penalties will be imposed and fines will be assessed.




A:
If you fraudulently reported your car to be stolen and you in fact were driving the car that hit the parked vehicle you must immediately clarify this with both the police and your insurance company. Charges may result but the fact that you corrected these mistakes will be a major mitigating factor for your defense. You should call an attorney to discuss your situation in further detail. Good luck.




A:
You will receive a summons to appear in Court as a criminal defendant. Appear when ordered to do so and resolve the matter there. The prosecutor will have the discretion to resolve the matter as a civil offense when you go to Court. Often stores like Sears will send out letters to shoplifters demanding monies as fines in addition to the financial penalties imposed by the Court. The authors of these letters are collection agencies hired by such stores. Do not respond to these letters. You have no legal obligation to pay anything other than what the Criminal Court orders. Good luck. Michael Franklin www.AttorneyMichaelFranklin.com




A:
Your husband has been charged with a crime in District Court and he is being held on $5,000 cash bail. Meanwhile, the District Court case is proceeding. Presumably, there already has been a Pre-Trial Hearing where the prosecutor and defense attorney must file a Pretrial Conference Report. This hearing must occur within 30 days of arraignment if a defendant is held on bail. The Report indicates to the judge what, if any, information is needed by either the prosecutor or defense attorney before the case is ready for trial. Further, the Report indicates whether either counsel needs to file Pretrial Motions (i.e. Motions to Suppress Evidence from an Illegal Search, Motions To Dismiss, Discovery Motions etc.). If either the prosecutor or defense attorney need information, the case may be scheduled for a compliance date for the requested discovery information to be provided. Alternatively, the case could be scheduled for a Motion date prior to trial. These dates must occur within 30 days of the Pretrial Conference date or the last compliance date. If your husband is in danger of being indicted, this means that his case could be brought to Superior Court where the sentences are for longer periods of time. Generally, the government may indict a defendant any time prior to his or her trial in District Court. Your husband’s attorney should move the case to trial in District Court as soon as possible before his indictment. Your husband has a right to a speedy trial and a right for a bail review to occur every 60 days while he is held in custody waiting for trial. If there is a legitimate reason for the delay, your husband would not be released from custody. However, he could be released if there is not a legitimate reason to hold your husband in custody after this much time has passed without action. A Motion for A Speedy Trial or a Motion for A Bail Review could be filed in such a case. Find out what pretrial stage your husband’s case is in and request his attorney to explain what, if any, actions can be taken to have him released.



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Location Served

Attorney Michael Franklin represents individuals and businesses in the Worcester, Massachusetts and the Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Holden, Leominster, Leicester, Paxton, Shrewsbury, Sturbridge, Westborough, Northborough, Webster, Dudley, and Oxford, Massachusetts. Call Attorney Franklin for a confidential consultation.


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