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3 Answers | Asked in Criminal Law for Massachusetts on
Q: If I've decided to represent myself in a criminal matter, does that mean I can't later appeal if I misunderstood the law

during my first trial? I'm not a lawyer.

Jessica Day
Jessica Day
answered on Apr 24, 2018

Pro se litigants do not get a "free pass" if you will on court procedures. On appeal, you must have a qualified issue. This typically (but not always) will arise during trial when an objection has been made but was overruled. That issue, now preserved on the record, can be later used as a... View More

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2 Answers | Asked in Criminal Law for Massachusetts on
Q: Hi i have cwaf for shoplifting and was arrested for larceny over and receiving stolen goods, whats likely to happen

My open case was for two shoplifting, one was dismissed one was cwaf until august.

Jessica Day
Jessica Day
answered on Apr 2, 2018

A continuation without a finding means that the prosecutor can demonstrate that the accused engaged in the illegal activity. In exchange for a plea, the defendant is ordered to comply with certain conditions for a set period of time. If the defendant complies, after the period of time has been met,... View More

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2 Answers | Asked in Criminal Law for Massachusetts on
Q: Police legal protocol at overdose

when you call 911 because your friend overdoses, and police and paramedic's arrive. After victim is conscious and in route to hospital do the police have the right to search your room and seize items that are not drug related and that where not visible? (Hamper,under mattress, in drawers, in a... View More

Jessica Day
Jessica Day
answered on Mar 19, 2018

Typically there is no crime scene exception to the search warrant requirement unless exigent circumstances exist. To establish authority to conduct a search based on exigent circumstances, law enforcement officials must demonstrate one or more of the following; threats to life or safety, the risk... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: i have a closed warrant that I did not initially show for

I had to appear in court for our 13yr old son who is having problems at his school I found out then I had a Nearly 5 yr. old summons to appear and was transported too district court and the judge closed a warrant and let me return to my sons hearing at juvenile court I now have to appear march 23... View More

Jessica Day
Jessica Day
answered on Mar 15, 2018

Without looking at the warrant or knowing what you were charged with, its hard to say where you stand. I would strongly encourage you to appear in accordance with the summons.

3 Answers | Asked in Criminal Law for Massachusetts on
Q: On the search warrant it says the cops are not allowed to enter the premises at night time and they still enter the home

Cops gave my girlfriend a search warrant the box is checked off that they could not enter the premises at night time the cop still entered at 9 p.m. is that a mistake can I get the case thrown out

Jessica Day
Jessica Day
answered on Mar 9, 2018

Violation of a time line as broad as "nighttime" is unlikely to invalidate the execution of a warrant that is otherwise supported by probable cause. Also, if the officer was acting in good faith or if exigent circumstances were present, the courts will likely uphold its validity.

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