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Massachusetts Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Massachusetts on
Q: Can my wife sign my name on my behalf if I give her permission?

Broke dominate hand pretty good and can’t write at the moment.

Thanks.

0 Answers | Asked in Criminal Law and Probate for Massachusetts on
Q: On parole in Massachusetts and put in a transfer to another city in Massachusetts. It was approved but want to cancel it

What do I need to do in order to cancel this what are my rights and abilities ?

0 Answers | Asked in Criminal Law for Massachusetts on
Q: How long does it take for a motion to suspend sentence under 650:20 to be heard in N.H.

I was sentenced to a 1-3 year sentence my 2/3rds is going to be 9/26/22 I don't have a criminal record besides this one I was sentenced on (drug sales). I was a good prisoner, never got in trouble while incarcerated. I don't have a lawyer and can't afford one. So I'm going to... Read more »

0 Answers | Asked in Criminal Law for Massachusetts on
Q: Hi all, My neighbor recorded a conversation with my husband on her porch. We’re in Ma. Is that illegal to do?

My neighbor was calling and texting me to shut my front lights off for another neighbor and without giving me anytime to call my husband to see when he was coming home to help me disconnect the camera with motion light started hastily messaging me.

He went over to her porch to talk to her... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: What is a Dudley district court of MA. "PROBATION STATUS HEARING?"

Received a letter from Dudley district Court MA. Almost 4 weeks ago stating there's a probation status hearing on the day probation has concluded. All the money is square and I never violated..do I need to attend this hearing for probation to end? Says a warrant for my arrest if I do not... Read more »

Lissa McKinney
Lissa McKinney
answered on Sep 12, 2022

You should not be using google, but instead speak to your PO.

They are in the best position to state if it is being dismissed or there is an issue. If it is scheduled on the last day of your probation, it is most likley that the Court wants you there when it is terminated. It is also...
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1 Answer | Asked in Criminal Law and DUI / DWI for Massachusetts on
Q: Officer made mistake in report can I use it against him at trial?

He said he like did something but it was another cop. Seems like a mistake as the other person got the same information but wondering if it helps my attorney get me a better deal

Kris  Patria
Kris Patria
answered on Aug 26, 2022

Mistakes in police reports can be used at trial to demonstrate that an officer has formed a wrong conclusion or conducts sloppy investigations. However, some mistakes are so minor and inconsequential that calling attention to them could backfire. A seasoned trial attorney will know what can type... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: In MA, will I have a warrant if I don’t go to a court date as a VICTIM/WITNESS to a A&B on a household member?

My girlfriend and I got in an argument in January 2022. I was drunk and being mean while she drove us home. She got tired of it, pulled over and unbuckled me and while she pulled the buckle around me to get me out of her car, she accidentally hit me. I got mad she was making me get out and walk and... Read more »

Lissa McKinney
Lissa McKinney
answered on Aug 15, 2022

The operative word in the caution is "may."

In practice, it is rare that a Court issues a warrant for a victim- it tends to discourage people from calling the police when they really need to. Generally speaking, all of us are required to advise you to follow the law. Your...
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1 Answer | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for Massachusetts on
Q: I drove a girlfriend's car cross country for her to drive there. She broke it off and jerking me around

What should I do to stay out of trouble? She is not cooperating.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 15, 2022

Not sure what your question is. The relationship is over so don't contact her anymore, don't contact her friends or relatives and stay clear of any stalking type behavior or aggression to avoid legal problems.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If I received a CWOF and completed probation (case now dismissed), do I have to answer yes to this question?

Have you ever been convicted of any crime or offense, whether State or Federal, including offenses categorized as misdemeanors, high misdemeanors, or felonies? You should include convictions under any circumstances such as, but not limited to, a plea of guilty, Non Vult, Nolo Contendere, No... Read more »

Lissa McKinney
Lissa McKinney
answered on Aug 5, 2022

No, as phrased you do not. By definition, a CWOF is not a conviction as it did not result in a Guilty finding.

1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: If your are caught around people underage drinking however you weren’t are you still entitled to a misdemeanor?

Say someone gets invited to a party in high school and there is going to be underage drinking. This person knows that but really wants to brigo cause their friends are going etc. This person however would never drink. If said party was ‘busted’ by the police and you were caught. Would you still... Read more »

Lissa McKinney
Lissa McKinney
answered on Jul 14, 2022

basically, yes, unless the police believe you were not drinking. You can ask for their breathalizer if you feel confident, but I am not sure I would trust entirely how they administer it....depending on where you live. If that were to happen, go immediately to a clinic or hospital and get a blood... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Massachusetts on
Q: Can you physically acquire a criminal's property if they filed jointly with someone who has no criminal record?

For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2022

A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Canceled license plates are being used by someone else in another state.

I was in a car accident last year my insurance company considered my car totaled and I canceled the plates in April of last year before they took it. They had messed up when the tow company was coming so my plates were still in my car and I told the insurance guy I just needed an hour before... Read more »

Christopher Tolley
Christopher Tolley
answered on May 25, 2022

Unfortunately I suggest you obtain the services of a New York attorney experienced in this type of law because you are going to have to convince a judge that you are not responsible for the tickets based on your circumstances described above. You can also keep attempting to dispute the tickets... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Am I allowed to go on vacation and travel out of state while on UNSUPERVISED PROBATION in Massachusetts?

So, hi:

I was put on UNSUPERVISED PROBATION back in December of 2021 and is expected to last through June 2023. I am getting a sizeable tax return and was wondering if I can travel out of state ?

Lissa McKinney
Lissa McKinney
answered on May 17, 2022

Even though you are on unsupervised probation, it is still probation and with that comes certain conditions. At the onset, you signed a contract or agreement with probation on day 1, and that included any orders by the Court and any standard terms of probation. Sometimes probation takes the liberty... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Massachusetts on
Q: Hello I'm searching for answers to questions relating to divorce, disability and what constitutes neglect or a crime

I'm disabled

Epipsy, PTSD and severe panic disorder.

After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 28, 2022

It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Massachusetts on
Q: If you please guilty to a felony crime in the state of Massachusetts can you appeal your guilty plea
Vikas Dhar
PREMIUM
Vikas Dhar
answered on Apr 15, 2022

Instead of “appeal”, I think you should reflect on the more general term of “seeking post conviction relief.”

Yes, after entering a guilty plea in Massachusetts, if you have sufficient grounds, you can attempt to go back and undo the guilty plea, which is often times done based on...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: My husband has a vop but he was charged with a crime but it was dismissed he goes to court April 18th what do you think
Lissa McKinney
Lissa McKinney
answered on Apr 10, 2022

This is a very tricky issue. IF the criminal cases was dismissed because they accused the wrong person, or he has a complete alibi then it will make a difference. However, the burden of proof at a VOP is very different than it is to get a complaint, which requires probable cause. The lesser... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal to drive without your license on you?

Like you have a valid drivers license but don't have it on your person?

Lissa McKinney
Lissa McKinney
answered on Apr 8, 2022

Yes- technically you are required to have your drievr's license on you. When you forget your wallet often the police will ticket or warn just for not having license in possession, which is easily cured at a clerk's hearing upon proof of the active license. However, it costs a fee to get... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can i get charged with theft by deception if person giving me money feels like im using them?
Lissa McKinney
Lissa McKinney
answered on Jan 29, 2022

Well it really depends on what the shape of the "using them" looks like, and how much it smells to the police or Court issuing the process. It is almost too easy to initiate criminal process , but that does not mean it will be viable all the way to a jury trial. Here the context and any... Read more »

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