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Questions Answered by Patrick J. Murphy, Esq.
1 Answer | Asked in Criminal Law for Massachusetts on
Q: Have been issued with a capias in boston mass. living outside the us but returning nxt week. should i get a lawyer?
Patrick J. Murphy, Esq.
Patrick J. Murphy, Esq. answered on May 19, 2012

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: How does an inmate get released to attend a court hearing

He is being held at Billerica HOC and just received a hearing notice from the BMC

Patrick J. Murphy, Esq.
Patrick J. Murphy, Esq. answered on Jun 17, 2011

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.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can and officer pat frisk near your buttocks area
Patrick J. Murphy, Esq.
Patrick J. Murphy, Esq. answered on Jun 17, 2011

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.

2 Answers | Asked in Domestic Violence for Massachusetts on
Q: How can i modify a restraing order?
Patrick J. Murphy, Esq.
Patrick J. Murphy, Esq. answered on Jun 17, 2011

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... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: In what states are polygraph tests held up?
Patrick J. Murphy, Esq.
Patrick J. Murphy, Esq. answered on Jun 2, 2011

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... Read more »

1 Answer | Asked in Uncategorized for Massachusetts on
Q: What is a fairness hearing?
Patrick J. Murphy, Esq.
Patrick J. Murphy, Esq. answered on Jun 1, 2011

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can a probation officer show up at my residence at any time without notice even when i am wearing a gps device
Patrick J. Murphy, Esq.
Patrick J. Murphy, Esq. answered on Jun 1, 2011

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: What is a writ of habeas corpus
Patrick J. Murphy, Esq.
Patrick J. Murphy, Esq. answered on Jun 1, 2011

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.

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