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Massachusetts Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Massachusetts on
Q: A jury trial ended with a conviction. Soon after one juror came forward and told the judge they were exposed to

What would be the highest piece of prejudicial info. The clerk left a cover sheet on some evidence and it was written on there. They say u can't have a mistrial post verdict. What do you believe should of happened?I believe the conviction should be vacated.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a piece of evidence was inadmissible at the time of arrest can the prosecutor bring it in at arraignment?

Both the prosecutor and the judge believed that this this pieceof inadmissible evidence was actually admissible . This came out in court 4 yrs. Later before trial. This was held against the defendant during the whole court process.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

The concept of "admissibility" only pertains to evidentiary hearings and trials. An arrest is not an evidentiary hearing or trial. There is no judge or jury to consider the evidence. You can view "admissibility" as whether something is "admitted" for consideration... View More

0 Answers | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: friend was charged with armed assault to rob & assault and battery with dangerous weapon pleaded guilty did his time

in 2017 apparently the victim died and he was just indicted for murder from that charge is that legal? The Commonwealth dismissed the charge of intent for murder and he already did his time and this was in 2017 please help me understand this as I really feel that my friend is not being treated... View More

0 Answers | Asked in Criminal Law for Massachusetts on
Q: A friend was crged with armed assault to roband assault and battery with dangerous weapon pleaded guilty did his time Th

This was in 2017 apparently the victim died and he was just indicted for murder from that charge is that legal? TCommonwealth dismissed the charge of intent for murder and he already did his time and this was in 2017 please help me understand this as I really feel that my friend is not being... View More

0 Answers | Asked in Criminal Law for Massachusetts on
Q: A friend was charged with arms assault to Rob and assault and battery with dangerous weapon pleaded guilty did his time

This was in 2017 apparently the victim died and he was just indicted for murder from that charge is that legal? The Commonwealth dismissed the charge of intent for murder and he already did his time and this was in 2017 please help me understand this as I really feel that my friend is not being... View More

0 Answers | Asked in Criminal Law for Massachusetts on
Q: what happens if a person is held as dangerous and held without bail for over 180 days?

Over 180 days are counted in mass, and he was held without bail.

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 Criminal Law for Massachusetts on
Q: If RI does not pick up a fugitive of justice in 90 days from MA once he is released from another sentence can he be held

My friend was picked up in MA on a fugitive from justice warrant placed by RI. He was held for 90 days, no governors warrant was signed, and they never came and got him. He is 9 days from release for an unrelated crime in MA. Can RI still come and get him? Can he be held for another 90 days? He... View More

James L. Arrasmith
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answered on May 28, 2024

Your friend’s situation is complicated but there are some key points to consider. If Rhode Island (RI) hasn't picked him up within 90 days, and no governor's warrant was signed, he may have grounds to challenge any further detention for the fugitive warrant. Legally, if the 90 days have... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Can they place a bail on you if you get indicted, even though a bail in district court wasn’t set
Lissa McKinney
Lissa McKinney
answered on May 2, 2024

Yes. Even if you were out on personal recog in the District Court, the indictment is considered a 'change in circumstance' that will result in the higher/ Superior Court *reviewing bail. It does not mean that they will alter it, or that it will be too high to make. Bail is set based on... 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 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: 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
Roland Godfrey Ottley
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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