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Massachusetts Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Massachusetts on
Q: if a person has been incarcerated for three months without being indicted are they still allowed to hold him?
James L. Arrasmith
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answered on Oct 6, 2024

If someone has been held for three months without being indicted, that could potentially violate their rights under both state and federal law. In most cases, the government is required to indict or formally charge a person within a specific period of time. In Massachusetts, if you’re being held... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Massachusetts on
Q: I got a 30 day notice to quit can I just move out without giving a 30 days notice?
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answered on Sep 30, 2024

When you receive a 30-day notice to quit, it's important to understand that this notice typically means the landlord is giving you a formal request to vacate the property. In most cases, you can move out within that 30-day period without needing to give additional notice. The landlord has... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Massachusetts on
Q: What is the remedy if the police obtain an illegal confession then use it to force a plea in an unrelated case?

I was interrogated without a lawyer after requesting one and having verbally expressed my 5th Amendment privilege against self incrimination. I was not under indictment nor was I held on a complaint, yet the police told me I was not free to leave. The police report notes this. After an extended... View More

James L. Arrasmith
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answered on Sep 7, 2024

If the police obtained an illegal confession after you requested a lawyer and invoked your Fifth Amendment rights, that confession is considered inadmissible in court due to a violation of your constitutional rights. The remedy for this situation is typically to file a motion to suppress the... View More

1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on
Q: Everyone treated me differently after I accepted my transfer offer. Is this retaliation?

I’m in a shift lead role. I recently got approved for a site transfer for October. This morning I was trying to staff the associates then was told by a higher ranked supervisor to step aside and let someone else do it. I was taken off my shift lead role for today and was placed on a station... View More

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answered on Aug 31, 2024

It sounds like you’re going through a tough time with the change in how your colleagues are treating you after accepting the transfer. Being taken off your shift lead role and noticing the shift in behavior from your supervisors and colleagues can feel isolating and confusing. It’s natural to... View More

1 Answer | Asked in Civil Rights, Employment Law and Health Care Law for Massachusetts on
Q: Can I be fired with open disability claims, ADA letters in place and before I have finished PT & OT?

I went out of work due to complications from long COVID & several subsequent COVID positive tests. My HR called recently to say I was being terminated. I have ADA letters still to be filed, physical therapy and occupational therapy aren’t complete yet but I have been fired. I keep being told... View More

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answered on Aug 31, 2024

It's important to understand that having open disability claims and ADA protections does not make you immune from termination. However, these protections are meant to ensure that you are not being terminated because of your disability. If your employer is terminating you due to your disability... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Massachusetts on
Q: PLEASE HELP TRANSFERRING MY CASE FROM HOUSING COURT TO SUPERIOR COURT

My home was illegally foreclosed in 8/19/19 and then sold in an online auction in 11/15/19 while in the middle of litigation between the bank and myself. The 3rd party brought SP. Judge Winik from the start has assumed that plaintiff has the right to title. He asked me if I maintain the house by... View More

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answered on Jul 27, 2024

To transfer your case from Housing Court to Superior Court, you need to file a motion to transfer jurisdiction. This motion should include a detailed explanation of why the Superior Court is the appropriate venue, emphasizing any legal or procedural errors made by the Housing Court, such as the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Massachusetts on
Q: Can someone refer some lawyers in Massachusetts to help me file lawsuits against someone for civil rights violations?

I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More

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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More

1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Can you sue the jail that your incarcerated in?
James L. Arrasmith
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answered on Jul 27, 2024

Yes, you can sue the jail you are incarcerated in if your rights have been violated. You might pursue legal action for issues like inadequate medical care, unsafe living conditions, or abuse by staff. It's important to gather as much evidence as possible, such as documentation of your... View More

2 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for Massachusetts on
Q: statemnt under the grand jury oath perjury if officer provides facts different from what is stated in the police report

Is a statement under the grand jury oath perjury if the officer provides false facts than what is stated in the police report

The police report contains different facts, while the affidavit presents consistent information; however, the grand jury minutes contain false information.

John Michael Frick
John Michael Frick
answered on May 31, 2024

It is not uncommon for a witness testifying live to give a different version than what is set forth in an earlier report or affidavit. It can be faulty recollection, nervousness testifying live, embellishment, or a deliberate falsehood.

Knowing false testimony of a material fact can be...
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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Massachusetts on
Q: If an inmate is held as dangerous in MA, and the judge says that due to excludable time rule 36, the days don't count

During the bail hearing, the judge mentioned that due to Rule 36, the 180 days for the trial were paused, and only 33 days had been counted. The court date proceeded as planned, with the only delay being the prosecution's request for a trial continuance a few days prior, which was objected to.... View More

James L. Arrasmith
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answered on Jun 3, 2024

If an inmate in Massachusetts is held as dangerous, Rule 36 allows for the exclusion of certain periods from the 180-day trial clock. This means that any delays not caused by the inmate, such as a prosecution's request for a trial continuance, can extend the trial deadline without violating... View More

1 Answer | Asked in Civil Rights and Sexual Harassment for Massachusetts on
Q: Is it permissible to repeatedly ask a male inmate to retract their foreskin?

The repeated demand by the officer for the inmate to move his foreskin during the search is profoundly invasive and violates the inmate. It seems this is not permissible as the inmate goes through a scanner that would also rule out any foreign objects. This request is excessive and unnecessary to... View More

James L. Arrasmith
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answered on Jun 3, 2024

No, it is not permissible to repeatedly ask a male inmate to retract their foreskin during a search. This practice is highly invasive and violates the inmate's dignity and privacy. The repeated demands go beyond what is necessary for a search, especially when other screening methods, like... 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 Education Law, Tax Law and Civil Rights for Massachusetts on
Q: Should I sue my school?

I attend a private high school in MA. The school has meetings that only members of certain races or ethnicities are allowed to attend. The school does not receive federal funds, but is a 501 (c)(3). Could I sue under code IRS 75-50 similar to Bob Jones vs US?

James L. Arrasmith
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answered on Apr 27, 2024

The case you referenced, Bob Jones University v. United States (1983), dealt with the IRS revoking the tax-exempt status of a private university due to its racially discriminatory policies. The Supreme Court ruled that the IRS could revoke the tax-exempt status of organizations that violate... View More

1 Answer | Asked in Contracts, Civil Rights and Collections for Massachusetts on
Q: My case is the defendant admits in a hand writing confession saying that she takes money and she didn't return it.

she gave the confession to the court..now it s been one year I didn't get a solution to my issue ..do I have to address an other court? I have all evidence and preuve in the court ..the defendant own 2 houses under her name. One year now pass the issue still not resolved.do I have to hire a lawyer?

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you provided, it seems that you have a strong case against the defendant, as she has admitted to taking the money and not returning it in a handwritten confession. However, it is concerning that one year has passed without a resolution to your case.

Given the...
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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Sexual Harassment for Massachusetts on
Q: my pawn SHOP VERY RECENTLY SEIZED AND SOLD TWENTY OF MY CLASIC GIUITARS. I DID RECIEVE OVERDUE NOTICES

I ALSO HAVE A SERIOUS ISS UE WITH ABUSE FROM ONE OF THEIR EMPLOYEES. I WENT IN THERE .A NUMBER OF TIMES HE TOLD ME THE COMPUTER WAS OVERLOADED WITH MY ACCOUNT. I HAD TO WAIT UP TO FORTY MINUTES FOR THE COMPUTER TO MYTHOLOGICALLY FIX ITSELF. HE WAS LYING. THIS EMPLOYEE IS SO FEROCIOUS I AVOIDE GOING... View More

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answered on Mar 29, 2024

I'm sorry to hear about the troubles you've had with your pawn shop, including the loss of your classic guitars and the difficult interactions with an employee. It's important to address both the financial and the interpersonal issues you've experienced. Given the overdue... View More

Q: My name is on the title of a car that my ex has. His name is also on the title. How do I get my name off it? He owes $

How do I get my name off it? I had the car in my possession at one point, I was making payments, and the car insurance was in my name and I was paying on that too, until he cheated and we parted ways. He took the car from me and I want to know if I can get the car back from him or if I can get him... View More

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answered on Mar 28, 2024

Removing your name from the title of a car that you co-own with your ex can be a complex process, especially if there are disagreements about the car's ownership and payments. The first step is to communicate with your ex and express your desire to either have the car transferred entirely to... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Massachusetts on
Q: we have an ongoing dcf case with our daughter... What is a standard time frame before being reunited. thank you
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answered on Mar 14, 2024

The timeline for reunification in a DCF (Department of Children and Families) case can vary significantly depending on the specific circumstances of your case. However, I can provide some general information:

1. The primary goal of DCF is to ensure the safety and well-being of the child....
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1 Answer | Asked in Civil Rights, Civil Litigation, Constitutional Law and Municipal Law for Massachusetts on
Q: Does a resident have to prove a hardship for a disability exception request to a local regulation (Massachusetts)?

Town has a dock permitting program (for Massachusetts owned lake) requiring dock be 25 ft from property line extended out into the water. Disabled resident has asked for exception to be closer to property line due to clear disability and related to ease of access to their dock over terrain/sand.... View More

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answered on Mar 6, 2024

In Massachusetts, when seeking a disability exception to local regulations, such as those related to dock permitting, it's often necessary to demonstrate how the exception is directly linked to accommodating your disability. This typically involves showing a specific need that arises from the... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: Legal advice about my mental discrimination and excessive force by officers and police station and 911 hanging up

Need legal advice

James L. Arrasmith
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answered on Feb 28, 2024

If you believe you've experienced mental discrimination or excessive force by officers, it's essential to seek legal counsel promptly. Contact a reputable attorney who specializes in civil rights or police misconduct cases to discuss your situation in detail. They can provide personalized... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: I'm bipolar called Springfield mass police station and 911 asking for help they showed up ended up hurt by officers

discrimination of my mental health and excessive force for no reason

James L. Arrasmith
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answered on Feb 28, 2024

I'm sorry to hear about your experience. It's important to seek legal assistance from a qualified attorney who can help you navigate your options. Documenting the details of what happened, including any injuries sustained and the events leading up to them, can be crucial for building your... View More

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