Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lissa McKinney
1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: I hit a pole while driving during a rainy night, the officers came unexpectedly and I told them my mom texted me.
Lissa McKinney
Lissa McKinney answered on Mar 18, 2020

There isnt really a question here. However if you appeal the ticket and go to the clerk's hearing there is a decent chance they will give you a break if you havent had any driving infractions before, on the distracted driving aspect. However, there can be some complications with insurance... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Will my sons father do jail time for a second time for a second offense against me in Massachusetts?
Lissa McKinney
Lissa McKinney answered on Feb 15, 2020

Your question just cannot be answered as it has too little factual information. Was he on probation for the 1st when the 2d happened? are you on board with the prosecution or not planning to testify? Are there photos/medical/hospital reports? Generally the more serious any injury impacts the case... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I am a college student and was caught using a fake ID this past weekend to go to the bar.

I was told I would be summoned to court. I am also in the process of trying to get a job and was wondering if this would be shown on a background check before I actually get summoned, after I get a letter to be summoned, or until I actually attend my court date. I was also wondering what the... Read more »

Lissa McKinney
Lissa McKinney answered on Feb 13, 2020

This will not show up on a backround check until you are arraigned and the formal criminal process started. However, this can be a serious crime that many students don't realize until something like this happens. Under Mass. General Laws c.90 § 24B It is a '5 year felony' which simply put means it... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Owe a Limo Bill owner says if not paid today he will go to the police? Isnt this a civil matter?
Lissa McKinney
Lissa McKinney answered on Jan 21, 2020

It is both technically speaking. The larceny statute covers many kinds of thefy, including larceny by fraud, trick, deceit etc. If this is a straightforward failure to pay the police might treat it as civil and defer it. The limo owner can still try to obtain a criminal compliant, but you would... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I suspect that my sister is being molested by her stepfather, she has told me that he tries to touch her private areas

How can I report the guy cause I fear for my sister's safety and my mom won't believe my sister

Lissa McKinney
Lissa McKinney answered on Jan 12, 2020

You can alert any mandatory reporter, who is obliged to notify DCF and/or the police. That includes doctors, nurses, teachers, daycare workers, therapists of any kind, social workers, and many more. However, if this happens they may ask your sister and depending on her age the directness may make... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If I file a motion to vacate default and get a new arrangement date can I still be arrested for “Bail Jumping”?

If I missed my arraignment date but went to the courthouse and filed a motion to vacate default, paid bail/bond and got a new arrangement date. And the clerk tells me that I no longer have a warrant. And I have complied with the terms of BailBond conditions,

Can the prosecutor bring Bail... Read more »

Lissa McKinney
Lissa McKinney answered on Nov 25, 2019

No- I have never heard of such an event in 35 years of practice. I am not even sure MA law has a 'bail jumping' law as you say. The penalty for bail jumping is your bail is forfeited to the state if one was posted, and they set a new bail usuallyhigher or double the old one to ensure you show up.... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I'm on pretrial probation I missed a drug test my tril is set for October 9th to be dismissed. Can I turn my self in on

Will they move my trial up and put me in jail for pretrial probation violation

Lissa McKinney
Lissa McKinney answered on Sep 28, 2019

They will not usually move up a trial dates as they are booked so tight. It sound like maybe you were on a pre trial diversion or given opportunity to not have case on record but the failure of doing thre drug test could be huge impact. You best have a very good explanation for missing it. IF you... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can someone transfer probation to another state the day They get released from jail

My husband had court Monday and took probation he lied and Sid he had no one to pick him up so the jail is bringing him to court Friday to b released to probation. He is saying he is moving to Florida that day. Could a judge have already agreed to his move even tho he hasn’t been released and... Read more »

Lissa McKinney
Lissa McKinney answered on Sep 19, 2019

No, that is not a likely scenario at all. Transferring probation out of state requires a lot of forms to be filled out and the other state accepting the probationer. In addition, you have to provide an address where you will be living and that address has to be verified as well. It is doubtful the... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Is it legal to get around a parked police cruiser by using the opposite driving lane?

It was on a two way back street. A police cruiser blocked one lane with a sign saying no through traffic. I used the opposite driving lane to safely get around the cruiser and enter the restricted street, but got a citation for marked lane violation. Do I have a case to contest?

Lissa McKinney
Lissa McKinney answered on Sep 11, 2019

You should take a picture right away if you can, and file the appeal. I would say that is a good case, since you lived or were going to one of the restricted addresses you should have been permitted to travel. usually they stop traffic on one end and rotate the travel each way. So long as you did... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: 13 yrs ago I was speeding to an appt. Got pulled over and got a citation, I asked if I had to go to court.

Officer said no, I asked what to do with citation, he said he didn't care. I never heard anything else on this. Would there be a warrent out for me? I am from Mass.

Lissa McKinney
Lissa McKinney answered on Aug 24, 2019

If it is a warning then you didnt need to do anything further. If it was a citation and you needed to pay a fine, and did not then you would have been notified of a license suspension. If it was a motor vehicle traffic offense that was also a criminal offense and you didnt show up, then a warrant... Read more »

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
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
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 »

View More Answers

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
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
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 »

View More Answers

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
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...
Read more »

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
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
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
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....
Read more »

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
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
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 »

View More Answers

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.