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Questions Answered by Lissa McKinney
1 Answer | Asked in Domestic Violence for Massachusetts on
Q: I got summons to testify on my now ex boyfriend on domestic violence. Assault and battery. Can I refuse to testify?
Lissa McKinney
Lissa McKinney
answered on Dec 8, 2024

You are a 'witness' to whatever happened that started the criminal charges involving your ex boyfriend, and the DA's office has issued a summons for your testimony. Whether you have a *right to refuse is very different than not participating or cooperating in the prosecution or not... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: Wondering if my restraining order was violated

I have a restraining order on my son s father . I got it in 9/2022 and I currently updated it 9/11/2024 and is effective until 9/11/2026

The restraining order has already been violated last year and he plead guilty with a fine.

We are only to communicate via a court order app and... View More

Lissa McKinney
Lissa McKinney
answered on Nov 13, 2024

An order to communicate about you child via the OFW app or another is very important for setting boundary's and building trust. If the RO states it must be via the App, then it could be a violation. One issue is whether he understands the limits of the authorized discourse or not.... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Opening the door

There is a trial in Florida where a woman shot through a door and killed her neighbor in what she claims in slf defense.

After the event someone in the community wrote negative things on the doo.

The door was brought into evidence at the trial today. But the door was painted over... View More

Lissa McKinney
Lissa McKinney
answered on Sep 8, 2024

First, you are asking about a Florida case, and that state's law would apply as to rules of evidence.

It seems like you are asking a question out of curiosity, rather than having a legal issue that needs some guidance by the lawyers that volunteer thier time. Please respect that the...
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1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: What is the statue of the ordinance number 14-240(b in Connecticut?
Lissa McKinney
Lissa McKinney
answered on May 22, 2024

You were 'following to closely' to the vehicle in front of you. If you need more info on this citation you may want to ask a CT attorney.

CT Gen Stat § 14-240(b) (2023):

(b) Except as provided in subsection (e) of this section, no person operating a motor vehicle shall...
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1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Can they place a bail on you if you get indicted, even though a bail in district court wasn’t set
Lissa McKinney
Lissa McKinney
answered on May 2, 2024

Yes. Even if you were out on personal recog in the District Court, the indictment is considered a 'change in circumstance' that will result in the higher/ Superior Court *reviewing bail. It does not mean that they will alter it, or that it will be too high to make. Bail is set based on... View More

1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Can someone secretly record me outside in massachusetts
Lissa McKinney
Lissa McKinney
answered on May 1, 2024

No one can secretly record AUDIO record a private person in MA. ( the rules are a bit different for public officials, police etc). Massachusetts is one of 12 consent states requiring consent of all parties to a recording. The issue is one of secrecy though. Making it clear that a recording is... View More

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 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 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 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

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