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Questions Answered by Lissa McKinney
1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: NRS 484B.400 – Making an Improper Turn – Made Left Got a citation and fault is on me. what options i got. New Driver

NRS 484B.400 – Making an Improper Turn – Made left tirn from a straight lane and a truck hit me

Got a citation and fault is on me. what options i got. New Driver

Lissa McKinney
Lissa McKinney
answered on Dec 9, 2023

Sorry this happened to you so soon after getting your license. Your options are spelled out on the back of the ticket. You wll want to make a clear, darkened legible copy in case you see a lawyer. Sign it and put in to go to a clerk's hearing. The hearing is a 2 step process. First whether... View More

2 Answers | Asked in Criminal Law, Elder Law, Identity Theft and Military Law for Massachusetts on
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.

Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me... View More

Lissa McKinney
Lissa McKinney
answered on Dec 9, 2023

You might want to have a lawyer involved to effectively press the Mashpee Police Department and secure some justice here. Otherwise, please obtain a copy of the police report you filed and go to the local District Court for jurisdiction of Mashpee, Falmouth District Court. There you will go to the... View More

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1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: I got pulled over in MA, should I get an attorney?

-Unlicensed operation of MV

-Uninsured MV

-Registration suspended

Lissa McKinney
Lissa McKinney
answered on Jan 16, 2023

Chances are you will end up better off with an attorney. You are charged with criminal motor vehicle ofenses, as indicated on the citation. Be sure to keep a copy of the citation and send it in for a hearing within the times designated on the ticket. Do it sooner than later, so a blizzard doesnt... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: How long is it until an animal is considered abandoned in Massachusetts?

I currently have a restraining order against my ex partner he left his snake here it has been 2 weeks and I have fed the snake and taken care of the snake for this period of time and informed him he needed to come pick him up and have heard nothing how long legally is it until the animal is... View More

Lissa McKinney
Lissa McKinney
answered on Nov 26, 2022

You have a restraining order. There's going to be a lot more flexibility before the pet is considered abandoned. He cannot communicate with you in any way, shape or form without violating the restraining order, nor can he come to the house unattended. There is no bright line rule on the number... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Massachusetts on
Q: Two citations for rear-ending someone?

I was driving in stop-and-go traffic in Connecticut and accidentally rear-ended someone. The police decided I was at fault and gave me a ticket solely with the complaint that I was driving too closely to the car in front of me. Now, I've received a letter from the RMV threatening to revoke my... View More

Lissa McKinney
Lissa McKinney
answered on Jan 5, 2024

Since the ticket was issued in CT, then what they can or cannot do or issue is governed by CT law, not MA.

Even if you have an MA license, that ticket will be processed by the ruls of CT. You should ask this in a CT forum.

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... View 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...
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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... View 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... View 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...
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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... View 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... View 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... View 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... View 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...
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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... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View More

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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... View 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... View More

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