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Questions Answered by Dakota Martin

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 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 have... 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 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 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 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 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 »

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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 answered on Sep 7, 2018

Section 35.

For their safety you can section them. Yes.

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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 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...
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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 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 »

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1 Answer | Asked in Criminal Law for Massachusetts on

Q: Are batons legal to carry in Massachusetts also known as collapsible batons

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 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)

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1 Answer | Asked in Personal Injury for Arizona on

Q: My child was injured in a car accident while on they way to a school team event

- the coach driving was at fault. Do we look into suing the school district?

Dakota Martin answered on May 4, 2018

How you approach this depends on the injury. His insurance will likely cover your claim, though it may be a battle. I would need more information. Whether the school asks your coach to drive students or if he simply offers, would be an issue.

2 Answers | Asked in Criminal Law for Rhode Island on

Q: Should you turn yourself in for wanted in questioning to the police station that you are wanted at or courthouse ?

Dakota Martin answered on May 4, 2018

No. Call a lawyer. That lawyer will speak to the police. If there is a warrant they will bring you in to the court.

You always look better in Street clothes without cuffs when your lawyer explains the circumstances.

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2 Answers | Asked in Criminal Law for Massachusetts on

Q: I am in default in 4 cases from 1985 one of the lawyers here suggested I go to the court with an attorney.

The cases are open but no warrants. I cannot afford an attorney. If I go to court alone will I be arrested.

Dakota Martin answered on May 3, 2018

Bring a lawyer. They WILL take you into custody if you don’t.

Find someone you’re comfortable with. Go when you’re ready.

Have some bail money set aside. Just in case.

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3 Answers | Asked in Criminal Law for Massachusetts on

Q: If I've decided to represent myself in a criminal matter, does that mean I can't later appeal if I misunderstood the law

during my first trial? I'm not a lawyer.

Dakota Martin answered on Apr 23, 2018

No

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2 Answers | Asked in Criminal Law for Massachusetts on

Q: Hi i have cwaf for shoplifting and was arrested for larceny over and receiving stolen goods, whats likely to happen

My open case was for two shoplifting, one was dismissed one was cwaf until august.

Dakota Martin answered on Mar 31, 2018

CWOF

You should get a lawyer right away.

Be proactive. On the old case and the new one. You don’t want to lose that CWOF and don’t have to, though you may have to fight a lot harder on the second case to make it go away because of your history (prior similar case)

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1 Answer | Asked in Criminal Law for Massachusetts on

Q: If you pay bail for someone do you get your money back?

Dakota Martin answered on Mar 30, 2018

Yes, win or lose you get bail back. . . . unless,

They skip out and don't come to court again.

They pick up a new case and the court moves to revoke and forfeit the bail.

Keep your bail slip and your fingers crossed. It makes our job easier, defending the case that is, when...
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2 Answers | Asked in Criminal Law for Massachusetts on

Q: Police legal protocol at overdose

when you call 911 because your friend overdoses, and police and paramedic's arrive. After victim is conscious and in route to hospital do the police have the right to search your room and seize items that are not drug related and that where not visible? (Hamper,under mattress, in drawers, in a shut... Read more »

Dakota Martin answered on Mar 19, 2018

I’m assuming they found something and charged you or your friend, with a crime. If so, as the other lawyer said, they may not have had any business in your business. If not, as annoying as it is, I’d drop it.

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2 Answers | Asked in Criminal Law for Massachusetts on

Q: What happens if one accused perpetrator must answer complaints in two District Courts for the same string of crimes?

I am a victim, not a defendant.

Dakota Martin answered on Mar 14, 2018

Just show up to all court hearings. Come early. That’s the best way to keep bail down.

They can’t prosecute you for the same incident in two different courts, so eventually they will pick one, the one where the state’s case is strongest.

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2 Answers | Asked in Criminal Law for Massachusetts on

Q: On the search warrant it says the cops are not allowed to enter the premises at night time and they still enter the home

Cops gave my girlfriend a search warrant the box is checked off that they could not enter the premises at night time the cop still entered at 9 p.m. is that a mistake can I get the case thrown out

Dakota Martin answered on Mar 7, 2018

Doubtful but I, or another attorney would have to see the warrant. Usually a warrant is a warrant and they simply need to enter the target area within a certain amount of time.

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1 Answer | Asked in Criminal Law for Massachusetts on

Q: Can I smoke marijuana if on probation,it's legal in my state

I'm on probation

Dakota Martin answered on Feb 19, 2018

It really depends on your probation officer and more importantly, the terms of your probation. If it is a condition of your probation that you remain drug and alcohol free, you better stay clean. They can order that you don't drink, even though drinking is legal. They can do the same with... Read more »

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