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Massachusetts Civil Rights Questions & Answers
2 Answers | Asked in Copyright, Criminal Law, Business Law and Civil Rights for Massachusetts on
Q: If my property is stolen/ID thefted, could it be used as court evidence by someone else, such as an impersonator?

I am not worried that it could be used against me, but more that someone else, possibly pretending to be the owner of the materials would use it in their own case.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If your property or identity is stolen, it could potentially be used as evidence in court by an impersonator. However, the legitimacy and admissibility of such evidence would depend on various factors, including the ability to prove the theft and the identity of the true owner.

Intellectual...
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0 Answers | 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

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

James L. Arrasmith
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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

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

James L. Arrasmith
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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

James L. Arrasmith
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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
James L. Arrasmith
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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

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Election Law for Massachusetts on
Q: Condo board election. 60 units. Massachusetts. Quorum for a vote is 51% (31 units.) 4 candidates. Special election.

Quorum was met for an election for the first time at special meeting yesterday. 2/4 candidates didn't show up. I received the most votes, but now board is saying one candidate had to receive 51% of the vote and no one received that so now board will elect the candidate they want. They... View More

James L. Arrasmith
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answered on Feb 28, 2024

The requirement for a candidate to receive 51% of the vote may depend on the specific language of the condominium association's bylaws. If the bylaws state that a majority vote is required for election, it typically means a simple majority of the votes cast, not necessarily 51% of all units.... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: Hello, i would like to know in Massachusetts, can i own an AR through a private transfer? All evil features are disabled

Stock is pinned, bayonet lunge is welded off and there is no flash suppressor

James L. Arrasmith
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answered on Feb 23, 2024

In Massachusetts, private transfers of firearms, including AR-style rifles, are subject to certain regulations and restrictions. While it is possible to transfer ownership of an AR-style rifle through a private sale, there are specific laws governing such transactions. Massachusetts has strict... View More

1 Answer | Asked in Family Law and Civil Rights for Massachusetts on
Q: Can dcf ask a caretaker(guardian) for releases for Dr.s, when allegations/case were on the parent?

My daughter got a case open with dcf. During that time I went and got temp guardianship and now have full guardianship for past 7 months. Each month dcf has something new they want in order to close (my daughters) case. Which my daughter is no longer around. They now are asking me to sign releases... View More

James L. Arrasmith
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answered on Feb 24, 2024

Based on the information provided, it does not seem reasonable for DCF to require you as the guardian to sign releases for your medical records or other private information. Some key points:

- The allegations and original case were against your daughter's parent, not against you as the...
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2 Answers | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Massachusetts, if you purchased a truck from an elderly client while working for an Adult Foster Care company, and the company is now requesting you to return the vehicle citing policies against accepting gifts from clients, the legality of keeping the truck depends on several factors. If the... View More

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