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Questions Answered by Lissa McKinney

1 Answer | Asked in Domestic Violence for Massachusetts on

Q: Did husband violate restraining order by locking me out of our buisness banking account and preventing doing my job?Ma.

I live in Massachusetts. Iam about to file for divorce.he is narcissist sociopath/bipolar (reason for restraining order w/o too much detail)

Lissa McKinney answered on Aug 1, 2019

Whether he is in violation depends on the wording on the restraining order, and what is said regarding the business. If it was silent as to the business address then he can be there. If it said he could not go to the business property and whatever he did was online, he is probably OK. Once a... Read more »

3 Answers | Asked in Criminal Law for Massachusetts on

Q: Is assault w a dangerous weapon if you break a bowl when someone is in another room with the door closed

Lissa McKinney answered on Jul 28, 2019

It doesnt take much for a complaint to issue, so depending on how the facts were presented, the complaint might issue. However, as has been said, it is unlikely that an assault with the dangerous weapon can be made out. First of all, when an item isnt per se dangerous like a knife or weapon, the... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on

Q: My fiance is being charged with murder I have a paper of how much the house is worth I need a lawyer who will fight for

Lissa McKinney answered on May 18, 2019

You could call 100 lawyers about this and they will all tell you they will fight for you! Finding a solid defense lawyer takes more time than a post- you want to look at more than a webiste too. Look at their years of experience, training, and reviews if they have them. I know some excellent... Read more »

2 Answers | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on

Q: Does the domestic violence victim have the right to meet with a judge to file a legal complaint against their spouse?

Good friend in Massachusetts is the spouse and husband in a domestic violent relationship. Recently asked for divorce in a 22 yr marriage, 4 kids (1 left in the house age 13) and the spouse is physically and emotionally abused. Recently unemployed, and wife does not work. Since asking for... Read more »

Lissa McKinney answered on Apr 28, 2019

No- he does not have any right to meet with a judge privately if that is what you mean. He also needs to proceed very carefully documenting the wifes abuse and outbursts too as in 2 seconds she will turn it around on him and claim he has abused her. And it is likely when a woman claims abuse that... Read more »

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1 Answer | Asked in Traffic Tickets for Massachusetts on

Q: I got a speeding ticket driving someone else’s car. I don’t have insurance. What are the consequences if I pay it?

The city officer did not mention anything about my insurance status.

Lissa McKinney answered on Apr 4, 2019

Insurance run's with the car. So long as your friend had insurance on the car then you are OK.You are highly unlikely to be re-issued another ticket anyway.

If you don't pay the ticket on time or request a hearing on it then your license will be suspended. If you weren't speeding put in...
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1 Answer | Asked in Child Custody and Criminal Law for Massachusetts on

Q: If my child’s mother took him to pa and never told me and I haven’t seen my child in over 2years , how can I go bout it?

I don’t what town or what part of pa she is in

Lissa McKinney answered on Mar 26, 2019

This is tricky because you waited on all your rights to address it. IF you had taken action she could have been prevented from taking the child out of state. Have you been adjudicated the Father via a signed birth certificate or a paternity action? If not you will have to proceed in the Court with... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: If someone confesses to drug possession years later but within the statute of limitations, would the case be prosecuted?

Assume that the individual had not used drugs since the time in question.

Lissa McKinney answered on Mar 21, 2019

This entirely depends on context. Possession of what drug? what quantity of it? why are they confessing now? who are they confessing to? the police or a parent or what? You haven't really identified enough information to fairly assess it for you.

1 Answer | Asked in Domestic Violence for Massachusetts on

Q: Is a R.I Family Court Judge obligated to hear a child abuse case ?

Lissa McKinney answered on Feb 26, 2019

Whether RI is required to hear it is a question of RI law and procedure, and you have posted to Massachusetts lawyers.

However, if this were a MA case the answer is no- not necessarily. The Court would hear cases brought in front of it by DCF or the District Attorney as a matter of course....
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1 Answer | Asked in Criminal Law for Massachusetts on

Q: Is it worthwhile to pursue a criminal complaint after a lawyer or plaintiff lies under oath

Lissa McKinney answered on Dec 2, 2018

Probably not. When you say 'worthwhile' do you mean in a financial sense? Then no. Unless the lie impacted you in a manner where you can prove some measure of damages or harm to yourself. While it is a thin standard at the clerk's hearing, it is still 'probable cause'. If it is your word against... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on

Q: Does everyone get a shot at bail if they are arrested?

Lissa McKinney answered on Nov 23, 2018

Absolutely! Everyone gets a shot at bail. However, whether you can get bailed out of a police station vs a Court is a different inquiry. Bail at police stations is set by a clerk magistrate that look sat the offense, your record and pretty much nothing else. No one is there presenting information... Read more »

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1 Answer | Asked in Traffic Tickets for Massachusetts on

Q: What is a moving violation and is it worse than a regular traffic ticket?

Lissa McKinney answered on Nov 5, 2018

Usually they are the same. A moving violation is any offense that happens while the car is being driven.Moving violations contribute to SDIP insurance point and license suspension calculatios. So, speeding, marked lanes, failure to keep right, etc are all moving violations. Some moving violations... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on

Q: Can a victim be forced to testify

Lissa McKinney answered on Oct 30, 2018

In some situations a victim can be forcecd to testify. You may assert your right not to testify if you have a 5th Amendment Right not to incriminate yourself as to any crime, including perjury in the charges, drug abuse etc. If you are married to the alleged abuser, you can assert marital... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on

Q: I’m 17 and my gf is 14. She’s gonna be 15 in feb and I’m gonna be 18 in feb also. Would I get in trouble for dating her.

Lissa McKinney answered on Oct 23, 2018

This is about more than 'trouble'. You are asking the question which is smart, but you probably already know the answer you are getting. You can get into all kinds of trouble you can't even imagine.

It is legal to 'date' so long as her parents are all on board about the 3 year age...
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1 Answer | Asked in Criminal Law for Massachusetts on

Q: If you are charged in discrit court with a Breaking and entering

This is after my husband agreed to a 2 year bid in discrit court then the day he was surpose to be taking to jail he was told he was indicted so hes not going to jail cus his case is now gona be handle by superior court. Is the proper legal way to indict someone after they accepted a plea ?

Lissa McKinney answered on Oct 17, 2018

This certainly doesnt sound usual, but the discrepancy is between your understanding and what is recorded in the court documents. It is possible that a pleas to the lesser charges of B & E was offered and asentence agreed upon, and the day the day the plea would go before the Court the case was... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: I was in an online relationship with a woman in Boston who turned out to be underage.

Can I file criminal charges against her for some sort of criminal misrepresentation or entrapment?

Lissa McKinney answered on Oct 12, 2018

No- you can report her as underage to the host of the online dating place though, and count yourself lucky you didnt send any photos or receive any or try to hook up.Often police pose as young adults trying to catch pedophiles and people looking for nude photos. Walk away- after reporting her... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: In Mass b&e into motor vechicle is punishible for how long

Lissa McKinney answered on Oct 9, 2018

Under GL ch. 266 Sec 16. it is either a 20 year max for a felony, or 6 mos max for a misdemeanor (16A)

"Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or...
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1 Answer | Asked in Criminal Law for Massachusetts on

Q: Can a significant other file charges against the other for snooping on his phone or computer without permission?

Lissa McKinney answered on Sep 25, 2018

Maybe- it all depends on a number of factors. For example, if the item was shared, probably not. If you used her biographical data to access, or hacked by guessing a password, possibly. There are a number of different laws that guard privacy, prohibit use of biographical data, or encompass... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on

Q: Hello i was at the court today to fight a apeeding ticket in Massachusetts

Hello i was at the court today to fight my speeding ticket and the magistrate found me not guilty of the passing violation but for the other section "speeding rate of speed exceeding posted limit c90 17" he reduced the price from $335 to just $100. so the ticket was for $440 but ut came down to... Read more »

Lissa McKinney answered on Sep 21, 2018

It is possible you may still be assessed SDIP points, but certainly not as many. Whether you receive any points depends on your prior driving record. No surcharge points are assigned to the first minor, non-criminal traffic law violation in the operator's policy experience period usually. A 90 sec... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on

Q: Is a warning documented by the police?

Lissa McKinney answered on Sep 14, 2018

Yes. If you are asking whether a warning issued to you is tracked, it is. It doesnt get you SDIP points or consequences, but if you get too many you will likely get an invitation from the RMV to attend a recidivist driving education program most likely. I have never heard of this happening to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on

Q: My boyfriend was arrested for Domestic assault and battery. He did not touch me. Will the case get dismissed.

Lissa McKinney answered on Sep 13, 2018

Whether the case gets dismissed or not largely depends on the evidence, not just on whether you testify or not. There are many factors such as if/who made the 911 call. The 911 call may be admissible under certain circumstances, based on case law. Did the police enter the home and take pictures... Read more »

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