Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Dakota Martin
1 Answer | Asked in Criminal Law for Massachusetts on
Q: A hotel lost my property what is my legal recourses

I forgot my wallet and a wristlet at a New Hampshire hotel that I stayed at over the last weekend they first said that they had it then they said that they didn't have it then they said yes we did have it but it got stolen while in our possession, and that it may have been a employee who took... Read more »

Dakota Martin
Dakota Martin answered on Jul 24, 2021

As annoying as this is for you it's not a criminal question. I guess it could be IF they would tell you the name of the employee who took it. You could seek a criminal complaint against him or her. I think that would be a waste of time and recommend being professional and polite with... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on
Q: I've been charged with possession of guns that were stolen in another state, then transported to Massachusetts

With no details of how the guns were transported, by whom or when and only the knowledge of their location, no evidence of physically having possession of them how an I be charged with possession?

Dakota Martin
Dakota Martin answered on May 18, 2021

Is there a warrant? Have you been arraigned? If you have a lawyer, he or she can answer that question.

If you’ve not been to court but found out about the case, you really should show up with a lawyer. Especially if you are from out of state. I know that doesn’t answer your...
Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Over 1 year of tenancy, my room mate has embezzled $13,600.00 from me. Bills were not paid. He spent all of it. Help!

I have already broken down all of the financials down to the cent. I have receipts for everything and multiple written admissions of guilt from him. When I figured it out, he abandoned the property, and we are about to be evicted. I’m going broke paying double. His millionaire father co-signed... Read more »

Dakota Martin
Dakota Martin answered on Nov 19, 2020

You could go to the district or municipal court near the house and file a private criminal complaint. The clerk will give you a form where you can write the facts you posted on Justia, maybe with a few more details/dates etc. The court will send a notice of a clerks hearing to this guy . You both... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I have received a notice to appear for a order of harassment. I need help in knowing what to do. I need a lawyer to help

The person who filed this against me lives above me in the apartment building we live in. I want to know if I have the rite to see her complaint forms. I have been told that in order for her to file this against me she had to list 3 times I harassed her. I have never been to court except one time... Read more »

Dakota Martin
Dakota Martin answered on Jun 8, 2020

Because restraining and harassment prevention orders are civil as opposed to criminal, you are not afforded a public defender, regardless of your financial means. You can view the affidavit your neighbor made at the courthouse (if it is even open). Perhaps the clerk can email or fax you a copy.... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Is it illegal to keep a license plate that isn't yours? My friend found one. (They aren't going to use it to drive.)

They found a license plate on the side of the road and they want to display it in their room. Again, my friend isn't going to drive with it, they just want to use it as a decoration. I'm in Massachusetts if that's any help. (02191 is my zip)

Dakota Martin
Dakota Martin answered on May 15, 2020

Finder's keepers, loser's weepers. The law is clear from Missouri to Massachusetts, Texas to Tennessee,

No, your "friend" has no duty to turn it in.

2 Answers | Asked in Criminal Law for Massachusetts on
Q: I have 2 open cases at court in Somerville , receiving a stolen motor vehicle and 2 counts of larceny over $1200.

I recently picked up a receiving stolen motor vehicle in another city. What might be the result?

Dakota Martin
Dakota Martin answered on May 3, 2020

I agree with attorney Barabino. They only have one chance to revoke your bail, and that’s at the new arraignment. If you have ANY health issues which might put you at risk Of COVID 19 in jail, bring proof to the arraignment. . It might be your only chance.

View More Answers

1 Answer | Asked in Criminal Law for Massachusetts on
Q: A person maxes their credit cards, defaults, then moves overseas. Is that a crime?

Will there be criminal charges waiting for them if they ever return to the United States?

Dakota Martin
Dakota Martin answered on Mar 3, 2020

Unlikely. Intent might be hard to prove. I've not seen a criminal case based on the facts you provided. They use civil not criminal courts. The reality is that they will attempt to locate you, contacting friends and family anyone they think might assist their search. It may get so bothersome... 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?
Dakota Martin
Dakota Martin answered on Jan 21, 2020

did you break the law while in the limo? Many people do.

If he is alleging some criminal activity you will likely receive notice of a magistrate hearing. You can use this opportunity to enlighten the clerk on the entirety of the situation, including threats to file criminal charges...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I had a dui/driving to endanger charge in Massachusetts. The court dropped all charges. Now ROMV wants me to take a

an alcohol evaluation from a licensed therapist. How can they do that??

Dakota Martin
Dakota Martin answered on Oct 6, 2019

The RMV makes its own rules...basically.

Make sure you find the right therapist and answer his or her questions satisfactorily.

You got this.

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
Dakota Martin
Dakota Martin answered on Jul 29, 2019

Keep in mind in Massachusetts it doesn't take much for a domestic case to start and even less to quickly gain momentum. The laws which were put in place to protect those who need it most leave judges and clerks in a very tough position. They have no choice but to worry about "what... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: How deep do dv defense lawyers look into witnesses, current employment, detailed background, credit checks?

How far into the witness do you look and do you share any details from those three with your clients?

Such as

places of work

Credit history or report

Detailed background information like previous addresses or anything like that

Dakota Martin
Dakota Martin answered on Apr 4, 2019

DV as in domestic violence? It really depends on how serious the case is. In many cases, the search is simply asking the court to run a witness's record. No record, no further search. If the accused knows areas that should be investigated, defense attorneys have a duty to investigate... or... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: My mom called my job and quoted a bible verse. Someone lied&said she said "die by fire. Is that a true threat?
Dakota Martin
Dakota Martin answered on Mar 19, 2019

It sounds like you have your answer, at least initially. The judge said there’s enough there to go forward with the case. That doesn’t mean the DA can prove their case, though this does not appear to be a case that is bound for, or should go to trial. This is a matter that might beat be... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I was given a sentence of 2 years one to serve with 3 years probation. If I go back and finish the jail time does

Probation automatically go away? I violated by blowing a.10 into my scram device. Not a new case, not a crime.

Dakota Martin
Dakota Martin answered on Mar 17, 2019

Don’t just roll over. Probation officers can be reasonable. Rarely but they can. You don’t want to do another year. Find a lawyer. Line up programs options reasons for why this happened and get reprobated. Particularly if this is your first violation

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I would like to know how I can get Google to remove this case from the site this case is

closed and I have achieved many things in my life and this case is not me please help me with this

Dakota Martin
Dakota Martin answered on Nov 28, 2018

I don't understand. Is there a link or a place your name is mentioned for something you don't want to be associated with? If you can direct us to the web page we may be able to help

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.
Dakota Martin
Dakota Martin answered on Oct 23, 2018

Dating? no.

Sex? You could be looking at statutory rape, a charge there is no defense to other than, "I didn't do it"

google Mass General Laws, or MGL and statutory rape. You should find more info....
Read more »

View More Answers

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?
Dakota Martin
Dakota Martin answered on Sep 7, 2018

Section 35.

For their safety you can section them. Yes.

View More Answers

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can a court mandate anger management if a person has not gone through probation or had explicit orders from said court.

My boyfriend was sent to magistrate for a case. Was told to stay off of fb acct because of filing false report and have no contact w person. Got letter in mail stating proof of anger management. No such program information was provided at time of appointment. What course of action is necessary?

Dakota Martin
Dakota Martin answered on Aug 14, 2018

Is there another magistrate hearing or date to go back?

I would politely contact the court (in person), and simply inquire about the anger management. They may just clear up the issue and solve your problem. Or they may tell you that the magistrate put notes in the file that your...
Read 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... Read more »

Dakota Martin
Dakota Martin answered on Aug 9, 2018

Never heard of this “shakedown”

Didn’t even know KMart was still in business.

Call a lawyer. Don’t communicate with CAP as they will likely use it to prosecute you after the fact. *i am not clear on this but I’ve seen abuse of the system through companies who claim to be...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Are batons legal to carry in Massachusetts also known as collapsible batons
Dakota Martin
Dakota Martin answered on Jul 21, 2018

I believe they're included in "dangerous weapon" with switch blades, nun-chucks etc.

Massachusetts 269 section 10(b).

4 Answers | Asked in Criminal Law for Massachusetts on
Q: I got caught shoplifting days after the offence,I returned the item to the police department,what should I expect?
Dakota Martin
Dakota Martin answered on Jun 13, 2018

you will still be charged with shoplifting.

The good news is that the dollar amount for a felony very recently increased from -over $250.00 to $1200 or $1400.

Get a lawyer and stop providing them with evidence to use against you (example- the items you returned)

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.