Stuart A Hammer Attorney

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Phone: (508) 756-2423

Address: 370 Main St, Worcester, MA 01608

Stuart A Hammer Attorney

Family Law

Divorce
Child Custody and Visitation
Divorce and child custody contests often involve some of the most challenging personal, legal and financial disputes people may encounter in their lifetime. Our family law attorneys counsel individuals through the full range of divorce, separation, and child custody matters, including joint petitions for divorce, contested petitions for divorce, complaints for contempt and complaints for modification
Paternity
Guardianship
In a Health Care Proxy, you appoint a trusted relative or friend to make health care decisions for you if you become incapacitated by an accident or an illness. If you do not have a Health Care Proxy, then your spouse or someone else must file a petition in a probate court, seeking to be appointed as your Guardian. The guardianship process is neither swift nor cheap, and it sometimes becomes bitterly contentious.
Spousal Support
Mountain Dearborn attorneys assist in determining whether an alimony award is necessary or appropriate. We help clients establish initial alimony awards, as well as review existing alimony awards and assist when appropriate to terminate, modify or extend an existing order.

Criminal Law

Criminal Defense
An experienced litigator with a specialty in criminal defense, Ryan P. Donahue represents clients who need help with various matters, including criminal defense, divorce, paternity, and guardianship. Ryan also counsels clients as they navigate civil litigation matters such as personal injury claims, Chapter 93A claims, and restraining orders. In addition, he serves as a special prosecutor for the Worcester District Attorney’s Office on certain cases.
DUI/DWI
We defend individuals against allegations of operating/driving under the influence (OUI/DUI). An OUI/DUI conviction can result in severe consequences, including prison time and driver’s license suspension, even for a first offense, and steeper penalties if you have prior OUI/DUI offenses on your record.
Wrongful Death
Sex Crimes
Many criminal convictions may be sealed administratively. If you have been convicted of a crime, you may seal your criminal record by submitting a petition to the Commissioner of Probation, pursuant to MGL c.276, § 100A. You are eligible to have your record sealed three years after a misdemeanor conviction or at the end of the sentence served for that conviction; seven years after a felony conviction or at the end of the sentence served for that conviction; or fifteen years after a sex offense or at the end of the sentence served for that conviction— IF you have not committed any new crimes during that period.
Robbery
Under 21: If (a) the person was under 21 when the alleged criminal behavior occurred, regardless of whether the case was charged in the juvenile or adult court AND (b) the person has had no further juvenile or criminal court cases, the case may be eligible for expungement. If the charge is a felony, then seven years must have passed since the later of either disposition or release from incarceration. If the charge is a misdemeanor, then it cannot be expunged until three years after disposition or release from incarceration (whichever happened later). Many offenses are not eligible for expungement, such as robbery, assault and battery with a dangerous weapon, assault and battery on a family member, firearm violations, and restraining order violations.
Theft
Misdemeanors
If you have been accused of, investigated for, or formally charged with a crime, you need a strong advocate. Mountain Dearborn can help. We bring passion and purpose to protecting your rights. Representing individuals accused of misdemeanors and felonies, we fearlessly advocate for your rights and strive to obtain the most favorable outcome for you.
Drug Crimes
Drug crimes can have serious consequences, but a better outcome is often possible with the help of an experienced attorney. We represent clients in cases involving allegations of possession, distribution, trafficking, and possession with intent to distribute various types of drugs. There are many different ways to defend drug crimes, including motions to dismiss, motions to suppress evidence, and favorable plea agreements.
Assault
Not all conflicts become violent, but there are all too many situations when disagreements or verbal disputes can rapidly accelerate to the level of assault and battery between the parties. Drug or alcohol consumption is often a factor. The potential punishment can be severe, especially if the case involves a family member, a weapon, or an alleged assault of a police officer. If you have been charged with assault and battery, or if you think you might be charged, it’s important to speak with an experienced attorney as soon as possible to learn about your rights and potential defenses.
Shoplifting
In Massachusetts, the degree of seriousness for a theft offense depends on the amount stolen and prior convictions. A conviction for any type of theft offense— including shoplifting, grand larceny, or forgery—may adversely affect your future, especially regarding employment. Few employers will hire someone whose theft conviction shows up in a background check. If you are charged with a theft offense, you need an experienced attorney who knows what the government is required to prove and what approaches work best in negotiations with prosecutors. As a former prosecutor, Ryan Donahue
Restraining Order
A New Massachusetts Law Makes It Easier to Get a Restraining Order—But Is It Now Too Easy? | Mountain Dearborn and Whiting LLP
Forgery

Business and Corporate Law

Corporate Law
Stephen M. Roche is a real estate and business attorney handling a wide variety of legal issues for companies and individuals. Stephen’s experience includes matters related to residential and commercial real estate transactions, the effective operation of small businesses, regulation and corporate governance.
Business Formation
Mountain Dearborn’s business and corporate lawyers form and represent organizations of all sizes and types, including corporations, limited liability companies, partnerships and sole proprietorships. Often called upon to act as outside General Counsel to our clients, we serve as a trusted extension to their internal teams, crafting customized solutions that address daily operational and legal needs. Our clients draw upon our proven experience with contracts, business formation, employment, financing, franchising, succession planning, sales, acquisitions via stock or asset purchases, and business litigation.
Business Transactions
Mountain Dearborn represents regional banks and community banks, as well as companies large and small, in commercial transactions. We serve as counsel to parties involved in commercial leasing, in the purchase and sale of commercial real estate, in the purchase and sale of business assets, and in the refinancing and restructuring of debt.
Limited Liability Companies
Construction Contracts
Unfair Competition
Our attorneys counsel employees and employers regarding claims of breach of contract, breach of fiduciary duty and breach of non-competition agreements, as well as complaints regarding unfair competition and confidentiality agreements.

Employment Law

Employment Litigation

Property Law

Real Estate Litigation
Clients trust Mountain Dearborn attorneys to resolve a broad range of real estate disputes. Our team represents clients in connection with zoning and land use disputes, title disputes, and other real estate litigation matters in the Superior Court and the Land Court.
Construction Litigation
We guide clients through all aspects of the real estate development process. We help clients purchase parcels, obtain permits, present plans to local and state boards, debatements with abutters, attend zoning hearings, draft easements and rights of way, sell property and negotiate construction contracts. We know how to guide clients through repurposing, preserving and converting old buildings for new and modern uses. We also advise farmers seeking agricultural or preservation restrictions on land use. Our clients benefit from our detailed knowledge of state and local laws and ordinances, a thorough understanding of regulations and broad experience in all aspects of real estate development.
Real Estate Transactions
The Municipal Lien Certificate is also used to calculate the tax adjustment that is typically part of the real estate transaction. For example, assume the town operates on a quarterly basis (meaning taxes are due four times per year, with each payment covering three months) and the August 1 payment covers July, August, and September. If you are purchasing the property on August 15, and if the August 1 payment has been made by the Seller, you would then pay back the Seller (as a credit at closing) for the taxes covering August 15 through the end of September. This shows up as a tax adjustment/credit on your final settlement statement.
Easement
Land Use and Zoning
Our broad expertise in all aspects of real estate and land use law provides a strong basis for effective representation. We handle a wide range of claims including those involving the purchase and sale of property, partition, zoning and permitting, tax abatements, leasing, commercial eviction and adverse possession. Because of our experience, we are called upon by the courts to manage and sell disputed assets and mediate issues between litigants.

Health Law

Personal Injury
We prosecute virtually all kinds of personal injury claims, including wrongful death and product liability matters. We evaluate each claim in the case as early as possible, using medical and other expert guidance as needed to present the case at trial. If appropriate, we typically explore handling these matters on a contingent fee basis.
Medicaid Planning
Mountain Dearborn estate planning attorneys provide sound guidance across all aspects of estate and gift tax planning. Clients rely on our experience to create wills and trusts of all types, durable powers of attorney and health care proxies as well as complex estate planning arrangements, including business succession plans and private foundations. Given our depth of knowledge concerning tax laws, we are often called upon for advice related to developing plans for charitable giving. Additionally, our attorneys handle important elder law matters as they relate to estate planning, including Medicaid planning, nursing home care and other complex wealth transfer matters.

Trusts and Estates

Estate Planning
When most people hear the term “estate planning,” they think about planning for the distribution of their assets after they die. But what if you become incapacitated by illness or an accident, leaving you unable to manage your own affairs while you are still very much alive? It happens.
Wills
Our lawyers handle the full spectrum of will contests, trust contests, breach of fiduciary duty actions and other trust and estate disputes that arise. When facing contested matters in the probate courts, Mountain Dearborn attorneys have extensive experience representing clients both seeking relief from the court and defending actions in the court. We are able to offer appropriate arrangements that resolve the dispute at hand or present the issue to a court for determination.
Trusts
Estate planning, estate administration and trust administration are pillars of Mountain Dearborn’s long history. In litigation involving legal challenges to wills, trusts and fiduciary accounts, clients benefit from our considerable expertise in this area to reach fair and equitable resolutions.
Power of Attorney
Every adult should not only have a will, but also have a Health Care Proxy and a Durable Power of Attorney.
Probate

Finance Law

Tax Law
Attorney Nina T. Dow of Mountain, Dearborn & Whiting is among the Massachusetts Super Lawyers and Rising Stars for 2019. Specializing in estate and tax planning, she joined the firm in 2018. [...]

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