Lawyers, Answer Questions  & Get Points Log In
Massachusetts Constitutional Law Questions & Answers
Q: During a non investigatory inventory search, post arrest, officers seized the keys to my vehicle without consent.

There was no exigent circumstances or probable cause and this "inventory search" turned investigatory when they decided to use the keys that bore no relationship to which the crime I was being arrested for to unlock a locked glove box, violating policy, because the keys were not available... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In your situation, it appears that you have raised valid concerns about the legality of the search and seizure conducted by law enforcement officers. The key issue is whether the inventory search conducted post-arrest exceeded its lawful scope and became investigatory in nature.

Inventory...
View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Massachusetts on
Q: How do I fight false allegations made against me by DCF? I didn't get a fair hearing to challenge their false allegation

I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Massachusetts on
Q: Do I need a gun license to purchase a blank gun in the state of Massachusetts?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

In Massachusetts, the laws regarding the purchase and possession of blank guns (also known as starter pistols or prop guns) can be somewhat complex. Generally, blank guns are not considered firearms under state law because they cannot discharge a projectile. However, the appearance and... View More

1 Answer | Asked in Constitutional Law for Massachusetts on
Q: I am trying to determine if I can legally own a firearm after a hospitalization for depression.

Seven years ago I was involuntarily admitted to a mental facility due to severe depression. I am not sure if this meets the definition of being “committed to a mental hospital” which prohibits you from owning a firearm. My confusion lies in whether the legal system was ever involved. When I was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

In Massachusetts, the definition of being "committed to a mental institution" can impact your eligibility to legally own a firearm. If your hospitalization for depression was an involuntary commitment, it might meet this definition, depending on the specific circumstances and whether it... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on
Q: Can a prohibited person carry an Antique firearm in Massachusetts? What about possessing the ammunition?

I know you need an LTC to purchase the powder and ammunition but what about possessing it?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In Massachusetts, the laws regarding firearms can be quite specific. A prohibited person typically is not allowed to carry or possess any firearm, including antique firearms. However, under Massachusetts law, certain antique firearms may not be classified in the same way as modern firearms.... View More

Q: I have a suet on the Fbi and verified liable how soon can the paperwork begin ans an urgent suet ftca serious big suet

The suet is in the Fbi their is a cartel who is verified by the cia and the Dod both have been a top legal help and verified weapons and the perps breaking torture laws and using a nano they stabbed me with the Dod and cia verified and exotic weapons only few who can explain the weapons the Dod... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2023

If you believe that you have been the victim of a crime or other misconduct involving the FBI, the CIA, and/or the Department of Defense, it is important that you seek the advice of a qualified attorney who specializes in federal litigation and civil rights law.

An attorney can advise you...
View More

Q: Who works on suits and paperwork against the Fbi ? I need a attorney urgently

I have a lawsuit on the Fbi I need to put in for . The Dod have navigated me through the local and state to make sure the perps where using their illegal way to abuse authority but the Fbi is found liable for damages the Dod said since they are letting terroism honon amd a active 6 person cartel... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023

You may want to consider contacting your local bar association or conducting an online search for attorneys who specialize in civil rights, government misconduct, or similar areas of law. Additionally, you can consider reaching out to legal aid organizations that may offer free or reduced-cost... View 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...
View More

1 Answer | Asked in Constitutional Law and Criminal Law for Massachusetts on
Q: Can the police obtain a search warrant to conduct a drug raid of a persons home without having any controlled buys?

For example, All they have is hearsay that a certain individual is selling drugs and they (the police) have noticed a moderate amount of traffic to the individuals home. But they haven't had any arrests of anyone in possession of drugs leaving that persons home

Lissa McKinney
Lissa McKinney
answered on Aug 19, 2020

That absolutely doesnt sound like it meets the probable cause standard to get a search warrant. The search warrant gets 'returned' within 7 days after it is issued, which isnt always 7 days after the search. You would need to get a copy of the Affidavit from the Court, and that document... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for Massachusetts on
Q: How would I go about filing a lawsuit for parental alienation against my daughter's father and his wife?

Also, how would I find out if my daughter has a lawyer? Any information you can give is greatly appreciated. What steps should I take? I haven't seen her since February when we had a wonderful relationship. I already proved drug allegations to be false in court. They are making false... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 4, 2020

Is there a Modification petition pending? Has your visitation been limited by any Court Order? If not you may file a Modification Complaint of your own if the circumstances have changed materailly since your prior orders. You could check the docket on line to see whether counsel for the child was... View More

1 Answer | Asked in Constitutional Law for Massachusetts on
Q: The Supreme Court views the federal “police power”:
Tim Akpinar
Tim Akpinar
answered on May 17, 2020

This is addressed in the Tenth Amendment, where powers not delegated to the federal government are seen as belonging to the states or the people. There is a federal police power, but it is more narrow in scope. In terms of the Supreme Court, you could search their recent decisions for federal... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Constitutional Law for Massachusetts on
Q: Does the Governor of Massachusetts have the legal authority to order me to wear a mask because of the coronavirus?

Doesn't this order infringe on my constitutional rights?

Tim Akpinar
Tim Akpinar
answered on May 17, 2020

Constitutional rights are balanced with public health interests in these settings. Good luck

Tim Akpinar

1 Answer | Asked in Constitutional Law for Massachusetts on
Q: Am I obligated to return it or at any risk of any legal actions being taken against me?

I had given my bank account information to someone to make payments into it for my personal use. By free will, they deposited money and I made purchase with it. They later contacted me demanding the money back and threatened to report my bank account for fraud, and said they'd have me arrested... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

You describe the money as a gift. Were there conditions to which you agreed in exchange for the funds? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... View More

1 Answer | Asked in Constitutional Law and Real Estate Law for Massachusetts on
Q: My husbnd died , he has his friends name on the house that we bought for more ten years ago.How do I take friends nameof

please tell me how to put my son on the house and take the friend off the mortgage.

thanks.

Zachary Alan Waksman
Zachary Alan Waksman
answered on Nov 15, 2018

It depends on how your husband's friend's name is "on the house". I am assuming that there is both a deed and a mortgage on the house. There is no "one size fits all" for documents related to ownership and loans related to real property such as a house. Deeds and... 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...
View More

Q: What could I sue for in this drug test instance?

So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test,... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 4, 2017

First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Massachusetts on
Q: is it legal for a police dept to file a false warrant " do a "favor" for someone
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

No. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Massachusetts on
Q: If i have a clearly displayed sign that i am video and audio recordingmy presence, in public, is that ok?In MA, RI.?

Are there only vague laws or are there definitive laws that exist?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 2, 2017

Where are you recording this? Where is the sign? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Social Security for Massachusetts on
Q: I am 19 years old and I am currently going to school in Massachusetts, and I used to live in New York.

When I started school my mother disowned me and is holding my birth certificate, social security card, and my passport hostage and won't give them to me. is there anything i can do to get them back

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 29, 2017

If she doesn't give them to you, you can file for new ones. It is a federal crime to withhold such documents of yours. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Animal / Dog Law and Constitutional Law for Massachusetts on
Q: The 2nd of this month I was unexpectedly hospitalized and had a dog at home. I called my mother to explain the scenario.

She had my contact information there so I could give the landlord permission to unlock the door. Someone the police became involved(which was not necessary) and today the maintenance man informs me that police were going all around my dwelling with ipads photographing every square inch. This is... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 17, 2017

Definitely contact a criminal defense attorney such as myself asap to discuss your risks and potential civil rights and privacy rights.

See: http://www.aeesq.com/criminal-defense-lawyer/dui-drugs-cannabis/

More details are necessary to provide a professional analysis of your issue....
View More

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.