Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lissa McKinney
1 Answer | Asked in Criminal Law for Massachusetts on
Q: What is a Dudley district court of MA. "PROBATION STATUS HEARING?"

Received a letter from Dudley district Court MA. Almost 4 weeks ago stating there's a probation status hearing on the day probation has concluded. All the money is square and I never violated..do I need to attend this hearing for probation to end? Says a warrant for my arrest if I do not... Read more »

Lissa McKinney
Lissa McKinney
answered on Sep 12, 2022

You should not be using google, but instead speak to your PO.

They are in the best position to state if it is being dismissed or there is an issue. If it is scheduled on the last day of your probation, it is most likley that the Court wants you there when it is terminated. It is also...
Read more »

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: What happens if the victim violates the restraining order?

If I answer the phone when the victim calls and talk will I also be violating the restraining order?

Lissa McKinney
Lissa McKinney
answered on Aug 20, 2022

YES- If she calls and you answer YOU are violating the RO. Let it go to voicemail; screen shot the incoming call and back it up because it demonstrates she is not "in fear of imminent seriously physical harm." If you DO NOT answer maybe she will call more than once which will help you... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: In MA, will I have a warrant if I don’t go to a court date as a VICTIM/WITNESS to a A&B on a household member?

My girlfriend and I got in an argument in January 2022. I was drunk and being mean while she drove us home. She got tired of it, pulled over and unbuckled me and while she pulled the buckle around me to get me out of her car, she accidentally hit me. I got mad she was making me get out and walk and... Read more »

Lissa McKinney
Lissa McKinney
answered on Aug 15, 2022

The operative word in the caution is "may."

In practice, it is rare that a Court issues a warrant for a victim- it tends to discourage people from calling the police when they really need to. Generally speaking, all of us are required to advise you to follow the law. Your...
Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If I received a CWOF and completed probation (case now dismissed), do I have to answer yes to this question?

Have you ever been convicted of any crime or offense, whether State or Federal, including offenses categorized as misdemeanors, high misdemeanors, or felonies? You should include convictions under any circumstances such as, but not limited to, a plea of guilty, Non Vult, Nolo Contendere, No... Read more »

Lissa McKinney
Lissa McKinney
answered on Aug 5, 2022

No, as phrased you do not. By definition, a CWOF is not a conviction as it did not result in a Guilty finding.

1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: If your are caught around people underage drinking however you weren’t are you still entitled to a misdemeanor?

Say someone gets invited to a party in high school and there is going to be underage drinking. This person knows that but really wants to brigo cause their friends are going etc. This person however would never drink. If said party was ‘busted’ by the police and you were caught. Would you still... Read more »

Lissa McKinney
Lissa McKinney
answered on Jul 14, 2022

basically, yes, unless the police believe you were not drinking. You can ask for their breathalizer if you feel confident, but I am not sure I would trust entirely how they administer it....depending on where you live. If that were to happen, go immediately to a clinic or hospital and get a blood... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: My brother used my name in a traffic stop because he had no license. now i have a $100 citation. how do i fix this?!

Unbeknownst to me, my brother was driving without a license and used my name instead of his own because he has warrants. I wasnt there and never agreed he could do that nor do i support it now. He never told me or payed for the citation and it was defaulted on. i got a letter saying my license is... Read more »

Lissa McKinney
Lissa McKinney
answered on Jun 11, 2022

Well, there is a possible path to undo it but it will take time, determination and some frustration to unravel.

One aspect will be whether you want to point the finger at your brother to undo it, and proving that it was him. IF you locate the date and time of citation, you may be able to...
Read more »

1 Answer | Asked in Traffic Tickets and Identity Theft for Massachusetts on
Q: What can i do? I received a late citation letter for something i have no idea about.

The citation has no info other then the date it happened and the date it was defaulted on. The thing is I've never been pulled over or sent anything in the mail. so i suspect someone used my name in a traffic stop. But since the citation is defaulted i cant request a hearing. I have no idea... Read more »

Lissa McKinney
Lissa McKinney
answered on Jun 10, 2022

The first thing you should do is go online to the MA RMV and get a copy of your driving record.

https://www.mass.gov/how-to/request-a-driving-record It should list the Court and default and a citation number. When You call the Court, ask for a copy of the ticket, and explain you have...
Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Am I allowed to go on vacation and travel out of state while on UNSUPERVISED PROBATION in Massachusetts?

So, hi:

I was put on UNSUPERVISED PROBATION back in December of 2021 and is expected to last through June 2023. I am getting a sizeable tax return and was wondering if I can travel out of state ?

Lissa McKinney
Lissa McKinney
answered on May 17, 2022

Even though you are on unsupervised probation, it is still probation and with that comes certain conditions. At the onset, you signed a contract or agreement with probation on day 1, and that included any orders by the Court and any standard terms of probation. Sometimes probation takes the liberty... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Can police cite someone for speeding if it is from a neighbors cell phone video and they did not see it?
Lissa McKinney
Lissa McKinney
answered on Apr 16, 2022

Yes- they sure can, and I even had a situation once where the dashcam of a motor vehicle behind my client's car was sent to State Police and they suspended a license right away under the 'lives and safety' emergency suspensions. However, issuing it doesnt mean you don't have a... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: My husband has a vop but he was charged with a crime but it was dismissed he goes to court April 18th what do you think
Lissa McKinney
Lissa McKinney
answered on Apr 10, 2022

This is a very tricky issue. IF the criminal cases was dismissed because they accused the wrong person, or he has a complete alibi then it will make a difference. However, the burden of proof at a VOP is very different than it is to get a complaint, which requires probable cause. The lesser... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal to drive without your license on you?

Like you have a valid drivers license but don't have it on your person?

Lissa McKinney
Lissa McKinney
answered on Apr 8, 2022

Yes- technically you are required to have your drievr's license on you. When you forget your wallet often the police will ticket or warn just for not having license in possession, which is easily cured at a clerk's hearing upon proof of the active license. However, it costs a fee to get... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can i get charged with theft by deception if person giving me money feels like im using them?
Lissa McKinney
Lissa McKinney
answered on Jan 29, 2022

Well it really depends on what the shape of the "using them" looks like, and how much it smells to the police or Court issuing the process. It is almost too easy to initiate criminal process , but that does not mean it will be viable all the way to a jury trial. Here the context and any... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can you assist me in sealing my record?
Lissa McKinney
Lissa McKinney
answered on Sep 4, 2021

It isn't too complicated to seal a record, but the process will depend on when the offense occurred, whether it was a misdemeanor or a felony, and whether it can be done 'on paper' or have to go in front of a Judge. You are entitled to seal misdemeanor convictions (or cases) 3 years... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Why would a dismissed speeding violation still appear on RMV website as money owed?

State Trooper didn't show up to either hearing and was dismissed by judge at second hearing. This was 2 years ago.

Lissa McKinney
Lissa McKinney
answered on May 29, 2021

Most likely it was communicated wrong from the Court or someone else possibly used your name/ID and had another ticket. It is possible that you didn't pay the appeal fee as well and that is what is owed. If you defaulted on a speeding ticket your license would not be renewed until it was... Read more »

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 Traffic Tickets for Massachusetts on
Q: Where can I find a traffic lawyer that will not charge me an arm and a leg to help me?

I have just received a letter stating that I have to appear in court for driving with a suspended license( which I did not know was suspended) I was stopped by an officer he took my license and he was the one to inform me that my license was suspended; and I informed him that I was unaware of it. I... Read more »

Lissa McKinney
Lissa McKinney
answered on Mar 6, 2021

Typically the RMV sends the suspension notice to the license address on file. If you moved and failed to change the address, that is why you may not have been notified. Three (3) speeding tix in 2 years or any 5 moving offenses result in suspension. If you are lucky you are getting a Notice for... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Traffic Reciprocity

I pled not guiilty to a speeding ticket in NY 12 years ago. Not NYC.

On the date i was assigned for court, a snow storm occurred. They never rescheduled my court date to my knowledge. I moved out of NY a few years after.

I reside in MA now. TWELVE YEARS later, they sent a court date... Read more »

Lissa McKinney
Lissa McKinney
answered on Dec 28, 2020

DEAL WITH THE TICKET. No good will come of anything else. MA has reciprocity so the outcome there will impact you here. MOST of the NY courts are closed due to covid depending on the Court or the hearing date. You want a NY lawyer in that county jurisdiction or to use google and find the path.... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Are speeding violations now mailed home rather then given at the spot of violation?

Was pulled over by state police and the office

told me that i will get a ticket via mail. Is that normal

now due to the covid-19?

Lissa McKinney
Lissa McKinney
answered on Oct 31, 2020

That is not at all normal, and may work to help you. SAVE the envelope it coms in, as MA statue ch. 90c sec 2 requires them to issue it in hand at the time and place of violation and if not it can be dismissed. There are few exceptions and you don't say what you were stopped for. Save a copy... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: My Massachusetts 23 year old son received 3 out of state speeding tickets. What trouble awaits? Lawyer needed?

The question says it all. 23-Year-old goofball went on a cross country trip and got 3 speeding tickets, paid them all late. We are terrified that the punishment from Mass will be harsh. What awaits us? Do we need a lawyer?

Lissa McKinney
Lissa McKinney
answered on Oct 19, 2020

Your son will have his license suspended for 30 days once MA receives all the tickets. See https://www.mass.gov/info-details/suspensions-from-multiple-offenses#3-speeding-tickets-

There is no hardship license or ability to drive at all during that suspension. This will impact SDIP points...
Read more »

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.