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Massachusetts Criminal Law Questions & Answers
0 Answers | Asked in Civil Litigation and Criminal Law for Massachusetts on
Q: My question is pertaining to public records. If I request police bodycam video and post it online, what are the laws?

I would request bodycam video of an incident. I would then post it online. Are there any laws pertaining to how it is handled and if anything needs to be blurred?

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
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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...
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1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: how do I go about suing a grocery store who wrongfully accused me of shoplifting?

I checked out my groceries at a self-checkout lane, paid for Everything, got my receipt.Didn’t leave right away.I sat down in the cafe area of the store and ate something that I paid for,while I waited for my Uber.When the Uber was 1 min. away.I took my receipt out of my pocket like I always... View More

James L. Arrasmith
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answered on Jan 6, 2024

To pursue a lawsuit against a grocery store for wrongful accusation of shoplifting, you should first gather all evidence that supports your claim, including your receipt, any witness statements, and the details of the interaction with the loss prevention officer and the police. It's also... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: im on probation, im 16 in Massachusetts. my mother treats me bad can i move in with my friend over 18

none

James L. Arrasmith
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answered on Dec 25, 2023

In Massachusetts, while you're on probation at the age of 16, you generally cannot simply move out of your parent or guardian's home without their consent. Your legal guardian, in this case, your mother, has the authority to make decisions about your residence and care. If you're... View More

Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
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answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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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
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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

1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: I was victimized in a foreign country. 3 years later I was ejected from it. did that stop statute of limitations clock?

I was a university professor in a foreign country. I was the target of several criminal actions and several other possible ones. Two to three years later -- in 2008 -- I was pushed out of the country in a process that might itself have been illegal [I was ejected from a hospital]. It is now 15... View More

Thomas Shack III
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answered on Nov 28, 2023

Whether being forced out of another country would toll the statute of limitations depends on the specific laws of the country/jurisdiction in question. There may be no statute of limitations at all for certain crimes/claims in the other country. If the alleged crimes were committed in the United... View More

2 Answers | Asked in Criminal Law, Elder Law, Identity Theft and Military Law for Massachusetts on
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.

Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me... View More

James L. Arrasmith
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answered on Nov 27, 2023

In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Arrested with evidence of cash payment made to Jonald Thrumper (alias of right wing extremist) dismissed 3 yrs later.

My Daughter was falsely arrested by same Police Department after they learned of her Supoena as a witness in my subsequently dismissed case. The charges are serious felonious crimes and we have documented evidence of cash paid for the arrests. Racists documented threats from those commiting crimes... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your case, where there are allegations of false arrest, racially motivated harassment, and corruption involving law enforcement, it's critical to take well-informed and strategic legal steps. First, ensure that all evidence, including documents showing cash payments and any threats, are... View More

1 Answer | Asked in Civil Rights, Criminal Law and Traffic Tickets for Massachusetts on
Q: I just asked the last lawyer about how I go followed bye mass state police I will not pay you firm or show video til a h

I have a lot more information I just need to talk to a human being you'll find out

James L. Arrasmith
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answered on Nov 12, 2023

If you believe you have been unfairly followed by the Massachusetts State Police and have evidence to support your claim, it is important to consult with an attorney who can provide personalized legal advice. You can reach out to local law firms that handle civil rights or criminal law cases. Many... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: is the FBI allowed to use investigaitonal drugs on the people they investigate?
T. Augustus Claus
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answered on Nov 1, 2023

The FBI is prohibited from using investigational drugs on the people they investigate. This is because investigational drugs have not been fully tested and approved by the Food and Drug Administration (FDA), and their use could pose a serious health risk to the subjects.

Unfortunately, due...
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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Massachusetts on
Q: On Massachusetts probation with no condition about drug testing I have a medical weed card in state can I still smoke
Dakota Martin
Dakota Martin
answered on Oct 26, 2023

If there are any conditions about remaining drug and alcohol free, that could be a problem. Otherwise your activity appears perfectly legal and for a purpose. You should speak to your PO directly if you still have concerns. It goes without saying that they'll probably want to look at your... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: What is the legality of owning a blank firing gun in Massachusetts?
T. Augustus Claus
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answered on Sep 26, 2023

In Massachusetts, owning a blank-firing gun might be subject to various restrictions and could require a firearms identification card (FID) or a license to carry (LTC).

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can the FBI use investigative drugs during investigations? What is the law im Massachusettes for that?
T. Augustus Claus
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answered on Sep 5, 2023

The FBI, like other law enforcement agencies, may use investigative techniques and tools during investigations. However, the use of investigative drugs, also known as controlled substances, typically requires strict adherence to federal and state laws. The specifics of such laws can vary from state... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a 209A order is issued, never violated, subsequently vacated, does the recipient now have a probation record?
Michael A. Contant
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Michael A. Contant
answered on Sep 7, 2023

The short answer is that you will not have a criminal record for the MGL c. 209A restraining order that was never violated. It is civil in nature and does not appear on any criminal record, including a BOP, CORI, CARI, etc. However, Massachusetts has developed a separate record system for... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can an accomplice to an attempted murder charge have his record expunged? He was not the aggresor.

I was incarcerated over 15 years ago with a friend who commited this crime and being with him,I was sentenced too.I was given a 6 year sentence and have been free for over 15 years without getting in any trouble whatsoever.And would like to get a better job and move on with my life.This blemish in... View More

Thomas Shack III
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answered on Aug 30, 2023

Under Massachusetts law, generally, individuals convicted of certain non-violent offenses may be eligible to have their records sealed (not necessarily expunged though) after a certain period of time. However, offenses such as attempted murder are considered violent crimes and are therefore not... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it legal for the FBI to drug you with investigative drugs? Also can they use this as evidence in court?
T. Augustus Claus
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answered on Aug 29, 2023

In Massachusetts, as well as in the United States at large, law enforcement agencies like the FBI are generally required to adhere to legal and ethical standards in their investigative activities. Administering drugs without consent, especially for investigative purposes, would likely raise serious... View More

2 Answers | Asked in Civil Litigation, Criminal Law and Divorce for Massachusetts on
Q: I need to hire a lawyer to help me with some legal issues and use my house as collateral, is it possible and how?
Thomas Shack III
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answered on Aug 25, 2023

In Massachusetts, it is possible to use a house as collateral for legal fees, but it would depend on the specific circumstances and the specific agreement between you and your specific lawyer.

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