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Massachusetts Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Massachusetts on
Q: A hotel lost my property what is my legal recourses

I forgot my wallet and a wristlet at a New Hampshire hotel that I stayed at over the last weekend they first said that they had it then they said that they didn't have it then they said yes we did have it but it got stolen while in our possession, and that it may have been a employee who took... Read more »

Dakota Martin
Dakota Martin answered on Jul 24, 2021

As annoying as this is for you it's not a criminal question. I guess it could be IF they would tell you the name of the employee who took it. You could seek a criminal complaint against him or her. I think that would be a waste of time and recommend being professional and polite with... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander and Personal Injury for Massachusetts on
Q: As a survivor of Assault and Battery, is there anything I can do?

I am a victim of Assault and Battery. It occurred on the 9th of September and I am still in physical therapy with back and neck injuries. The hospital discharge summary says Assault, as well as other medical records and also the police report. I've had a harassment prevention order extended... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 24, 2021

file assault charges; contact your local DA's office and ask for the victim assistance coordinator.

1 Answer | Asked in Criminal Law and Probate for Massachusetts on
Q: What lawyer/lawyers would I need to help my partner sell his house he has inherited while he is incarcerated. Thank you

My partner is currently incarcerated, he has inherited a house from his father who recently passed, who wants to take completely ownership of the house and sell it. How does the process work and what lawyer/lawyers would I need to contact to do this. Is it best to have probate or criminal law... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2021

He needs a probate attorney to help him get the house transferred from his father's estate and into his name, and then he needs a real estate attorney (and maybe also a real estate broker) to help him sell the house.

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on
Q: I've been charged with possession of guns that were stolen in another state, then transported to Massachusetts

With no details of how the guns were transported, by whom or when and only the knowledge of their location, no evidence of physically having possession of them how an I be charged with possession?

Dakota Martin
Dakota Martin answered on May 18, 2021

Is there a warrant? Have you been arraigned? If you have a lawyer, he or she can answer that question.

If you’ve not been to court but found out about the case, you really should show up with a lawyer. Especially if you are from out of state. I know that doesn’t answer your...
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1 Answer | Asked in Criminal Law and Municipal Law for Massachusetts on
Q: is it legal to take a bus stop sign off the ground if there's already a replacement up in place?

they're the exact same sign in the same place, this one was just untouched on the ground for a few months & i like it because its a stop right down my street

Lissa McKinney
Lissa McKinney answered on Apr 4, 2021

Of course it is! You stole a sign that belonged to the city that was doing replacements. Whether it was trash or not or abandoned might be e defense if you are accused or get caught. If it was lying there for months it may have been begging to be taken but it did not belong to you and you did not... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: I asked a hair follicle drug test question prior

Recently my son and myself were assaulted by me ex. He was arrested. Found to be a danger. Zero contact with myself and son. Paternal g.parents have temp. Guardianship. She filed for an emergency hearing accusing me of drug abuse. She received this information from her son, my abuser. I feel like... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 29, 2021

Have you counsel representing you ? If not , you have a right to counsel and if you are indigent or believe you are indigent the Court will appoint counsel to represent you, but you need to file a Motion for Appointment of Counsel and you should also consider requesting random screening as the... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: how do I get a case dismissed ?

I just received a letter yesterday for driving with suspended license ( which I didn't know was suspended ) because I had not received any notification stating that my license was suspended. I was stopped the officer October 2020 he took my license and he was the one that informed me of it... Read more »

Joseph B. Simons
Joseph B. Simons answered on Mar 6, 2021

If you’re able to reinstate your license and retain an attorney before going to court, you may be able to get the case dismissed fairly quickly. It may even be possible to get the case dismissed prior to arraignment, meaning that the charge would not appear on your record.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can the police raid my home after a traffic stop and found nothing? Is it considered harassment now what they’re doing?

Unfortunately I am a drug user to put it bluntly, tonight my boyfriend and I were surrounded after meeting someone and they found nothing and we went home. Now, they have undercover posted near our house watching us. Can they legally raid us or do anything. Isn’t this harassment because we... Read more »

Ismail Mohammed
Ismail Mohammed answered on Dec 4, 2020

Hello,

They can't just raid your home. They would have to obtain a search warrant before they can do anything. In order for a judge to sign off on it, the police must submit an affidavit stating why they believe contraband will be found on your home.

I wish you well and if you...
Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Over 1 year of tenancy, my room mate has embezzled $13,600.00 from me. Bills were not paid. He spent all of it. Help!

I have already broken down all of the financials down to the cent. I have receipts for everything and multiple written admissions of guilt from him. When I figured it out, he abandoned the property, and we are about to be evicted. I’m going broke paying double. His millionaire father co-signed... Read more »

Dakota Martin
Dakota Martin answered on Nov 19, 2020

You could go to the district or municipal court near the house and file a private criminal complaint. The clerk will give you a form where you can write the facts you posted on Justia, maybe with a few more details/dates etc. The court will send a notice of a clerks hearing to this guy . You both... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: "Will" probated in 2017 norfolk county MA. Wife terminated their estate lawyer to stealing/hiding funds. What to do?

Eldest child 30 yr long criminal h/o not involved in family started coming around. Slowly manipulated mother english only spoken reading minimal. Began causing conflict against the youngest. Identity theft other crime reason father clear to keep eldest away knew she would steal money if gained... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you do not have a statute of limitations problem since this case goes back to 2017, you must immediately retain an estate litigation attorney. A general legal Q&A forum like this one cannot give you the help you need.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: How do you defend against false assault charges? My wife is making things up and the judge is going along with it!

i.e. She says we could not buy fireworks once and I leapt at her and punched her in the face. I have no police records at all, not even speeding. She has no medical records. My kids (all of them!) could testify that this is false and that I have nowhere near that kind of temperament. She has a... Read more »

Ismail Mohammed
Ismail Mohammed answered on Nov 5, 2020

Hello,

I'm sorry to hear about the restraining order issue. At this point, you can ask the judge to terminate or modify the order. If you have an adult child, as you do, it is best to see if he/she is willing to testify. It's important to have an attorney present to advocate on...
Read more »

1 Answer | Asked in Criminal Law and Family Law for Massachusetts on
Q: A restraining order hearing against my wife and daughter was extended for six months. How can I get visitation?

I want to see my daughter - even supervised. I am fighting the charges but how can I see or call her? Should I try to modify the order?

Joseph B. Simons
Joseph B. Simons answered on Nov 5, 2020

You could file a motion to modify the restraining order to allow for visitation.

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Have been wrongfully accused of assult and battery against a friend

the person who called is an alcoholic and was in bed not knowing anything and just assumed the worse mean While the person i was arguing with was off her medication and not her normal self and I had left to De-escalate and came back the next day to collect my belongings to then find out and my... Read more »

Joseph B. Simons
Joseph B. Simons answered on Oct 22, 2020

What do you mean you waived your rights to a lawyer? If you have the financial ability, you should hire a defense attorney. If not, you should request the court to appoint a public defender. Even if you didn’t do anything wrong, this is too important to try to handle on your own. You need... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law and Juvenile Law for Massachusetts on
Q: At a private business can photos be taken without the consent of the employee's

At a private business in MA, a neighbor who has been harassing the employees continues to come down every weekend to take pictures of minors while they work. She says it is for going after the owner for tax reasons however, the minors have stated to her that they do not consent to being filmed. Is... Read more »

Lissa McKinney
Lissa McKinney answered on Oct 2, 2020

There are a few issues here, so the answer rather depends. IF a neighbor can see from her property or a public street and take pictures it is probably legal. If she must trespass to take pictures then it may be a criminal trespass. It also sounds like harassment that may or may not fit the law on... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal for someone to do something if you said that you would commit suicide if they did it?

Someone threatened to send private 18+ photos to my parents and my university. I publicly tweeted that I would commit suicide if they did that. They saw my tweets and apologized and said they will not be sending anything. Then they did send private 18+ copyrighted photos to my university two weeks... Read more »

Lissa McKinney
Lissa McKinney answered on Sep 24, 2020

It is unclear their legal liability unless you actually did do as you promised- which you did not. Still their was a risk to lief, and many questions were left open by the Michelle Carter case a few years ago, re: encouraging suicide. the larger issue might depend on the content of the pictures,... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on
Q: If a family member was murdered, how can a relative find out information about the case or about the progress of a case?
Joseph B. Simons
Joseph B. Simons answered on Sep 18, 2020

The relative should be able to get an update on the case by going to the clerk's office at the courthouse where the case is pending and asking to look at the file.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Someone in my town is stealing or damaging trump signs. Is that a criminal offense? If so what level severity is it?
Lissa McKinney
Lissa McKinney answered on Sep 9, 2020

That is absolutely a criminal offense.

Some of the charges could range from larceny ( misdemeanor if $1200 or less), trespass, malicious damage to property, receiving stolen goods. Since this is also protected 1st Amendment and political speech it could implicate civil rights issues as...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Massachusetts on
Q: Can you get jail time for driving and unregistered ATV on the street?

The person has previous felony convictions

Lissa McKinney
Lissa McKinney answered on Sep 7, 2020

WHether you can is very different from whether you will. That is, the maximum pubishment for many motor vehicle violations or district court cases might be 2 1/2 years. However, that is not at all what a person might be likely to get. It might depend on the record, whether the person is on... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: What can i do to help my boyfriend after my daughter made false assault and battery charges on her stepfather?

She said that he punched and kneed her in the face for not cleaning the room i was there the whole time but i was never really question on by dcf not the police she had no injuries consistent with that hes been in her life for a long time we all live together.

Joseph B. Simons
Joseph B. Simons answered on Aug 23, 2020

The best thing you can do for your boyfriend is to make sure he has an excellent criminal defense attorney. Domestic violence charges - probably "assault and battery on a family or household member" - are prosecuted quite harshly in Massachusetts. It sounds like you will make a good... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Massachusetts on
Q: Can the police obtain a search warrant to conduct a drug raid of a persons home without having any controlled buys?

For example, All they have is hearsay that a certain individual is selling drugs and they (the police) have noticed a moderate amount of traffic to the individuals home. But they haven't had any arrests of anyone in possession of drugs leaving that persons home

Lissa McKinney
Lissa McKinney answered on Aug 19, 2020

That absolutely doesnt sound like it meets the probable cause standard to get a search warrant. The search warrant gets 'returned' within 7 days after it is issued, which isnt always 7 days after the search. You would need to get a copy of the Affidavit from the Court, and that document... Read more »

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