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Questions Answered by Lissa McKinney
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... View 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... View 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
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... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can a victim be forced to testify
Lissa McKinney
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... View 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
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...
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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
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... View 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
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... View 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
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...
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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
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... View 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... View More

Lissa McKinney
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... View More

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Is a warning documented by the police?
Lissa McKinney
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... View 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
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... View More

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Can I report a drug-abusing relative to the police if she refuses to go to rehab and we don't know what else to do?
Lissa McKinney
Lissa McKinney
answered on Sep 7, 2018

You can always report a crime to the police, but reporting that she abuses drugs may not get you to far. If she is a danger to her self or others you may be able to apply for a 'section to have her involuntarily committed to a mental health facility.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Hello, I have a question about criminal harassment. Is this a case your office would handle probono or at low cost?

I've been harassed for over a year by my neighbor. I would like to get some advice as to if I would have a solid case if I was to take it to court for criminal harassment.

Lissa McKinney
Lissa McKinney
answered on Sep 7, 2018

I would be able to handle your matter lower cost most likely. However, my coaching may also be affordable if you are able to speak in court on your own. The harassment protection orders require you to have three separate events in order to obtain. Those events would need to be discussed to... View More

1 Answer | Asked in Juvenile Law, Libel & Slander and Sexual Harassment for Massachusetts on
Q: My child continues to get harrassed in person and on social media. A female posts statements claiming my son "sexually

harrassed" her. She sent it through snap chat. It is not accurate. What are my son's rights. BTW both ages are 14 years old.

Lissa McKinney
Lissa McKinney
answered on Aug 24, 2018

You are in a tricky spot to navigate as there are so many ways to go and so many pitfalls too. Have you contacted the police about the cyber-bullying? If they are in the same school, have you notified the school so they can intervene on the bullying as well? As for the harassment, if they were... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on
Q: what is a lawfully authorized user?

Regarding storage and access to any firearms the law defines who has access as "an owner or any lawfully authorized user". How does the law define a lawfully authorized user? Is it the category of firearm license? (e.g. Class A / License to Carry / Large Capacity)

Lissa McKinney
Lissa McKinney
answered on Aug 17, 2018

That might depend on the kind of firearm. A lawfully authorised user will be required to have an FID ( Firearms Identification Card) card at a minimum, or a LTC ( License to Carry).

For example: Residents must have an FID in order to purchase, possess, or transport a rifle or shotgun that...
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1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: My daughter only had a driving permit when she was pulled over on 7/4/18 and was given a "Criminal Application"

My daughter only had a driving permit when she was pulled over on 7/4/18 and was given a "Criminal Application" because she was not with an 18-year old with a license. We sent for a hearing (as to whether a criminal complaint against her), and she now has a date. There were extenuating... View More

Lissa McKinney
Lissa McKinney
answered on Aug 17, 2018

A criminal Complaint application means that they will schedule it for an arraignment if she is charged with a felony, or a show cause or clerk's hearing if it is a misdemeanor. Most likely she will get to a clerk's hearing however you ahd the right to also request one if you read the back... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If my friend gets caught using my fake ID with my picture and real first qnd last name, can i get in trouble
Lissa McKinney
Lissa McKinney
answered on Aug 17, 2018

Yes- if the fake ID purports to be any kind of a MA drivers license or MA ID then there is a charge of 'counterfeiting a registry document' or some -such that is actually a 10-year felony. DOn't panic, it is usually managed with a small fine. That statute also carries a license loss... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: What can happen when you don’t pay your probation fee?

I have a probation that i have to pay 500 a month, I lost my job 3 months ago I haven’t pay anything or contact them, they haven’t contacted me either, I’m trying to get a job but due to my record it’s been really hard, this is my firs criminal case i stole money from a employer almost 2... View More

Lissa McKinney
Lissa McKinney
answered on Aug 17, 2018

You need to get back in contact with probation as soon as possible. You may be in violation for loss of contact, but if they havent contacted you at all that is a factor. However, it is your duty to report in if they have told you to do so. Get in to them before they issue a Violation notice to... View More

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Shoplifting. Kmart. First offense. Less than $20. How to proceed? Terrified Independant Grad student

Was caught on camera shoplifting. Item was under $20. No police were called or arrest. They took down my ID and personal info and gave me a form to fill out to choose to pay a fee through a company called CAP (Crime accountability program). The fee is $450 and I have 72 hours to sign up and make a... View More

Lissa McKinney
Lissa McKinney
answered on Aug 9, 2018

No- don't pay it.It seems possible you may get by without a criminal prosecution. Some stores have a 'take no prisoners' approach to prosecuting theft but I doubt you will be charged at all.

If they charge, it is a misdemeanor shoplifting.IF they charged, you would get a...
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