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Massachusetts Criminal Law Questions & Answers
2 Answers | Asked in Civil Litigation, Consumer Law, White Collar Crime and Criminal Law for Massachusetts on
Q: How to submit a legal claim for $500 fraud with no police action?

I reported a fraud case involving a financial loss of $500 to the police, but have not received any response or seen any action taken. What steps can I take to submit a legal claim or pursue further action to address this issue?

Neil F. Faigel
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Neil F. Faigel
answered on May 16, 2025

If you have not received any response from law enforcement, you should consult with an attorney. Often, an attorney will have a better contact within the police department to whom you can direct your inquiry and get a better result.

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3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Massachusetts on
Q: Can my 19-year-old brother drive me to the dispensary with cannabis in the car in MA?

I am a medical cannabis patient in Massachusetts, prescribed for pain management due to a broken leg. Since I cannot drive, I am considering having my 19-year-old brother drive me to the dispensary. The cannabis packages would remain unsealed and fully labeled during transportation. Is it legal for... View More

Joseph B. Simons
Joseph B. Simons
answered on May 15, 2025

Sounds like it would be fine, and I presume you meant to say “sealed.” To be extra careful, make sure to keep the package(s) on your lap or near your feet. As long as you’re not sharing with him, I can’t think of a crime that either of you would be committing. That said, without... View More

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5 Answers | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: What should I do after receiving a notice for a magistrate's hearing for assault and battery in MA?

I received a notice to appear at a Massachusetts magistrate's hearing, where I am accused of assault and battery. The incident occurred in April, and witnesses were present. I went to the hospital but sustained no lasting injuries. Additionally, the police department has accused my accuser of... View More

Joseph B. Simons
Joseph B. Simons
answered on May 15, 2025

Ideally, you should contact a Criminal Defense Attorney. These hearings are very important and at yours, the magistrate will decide whether you are officially charged with a crime or not. If successful, the case would be dismissed with no record of it on your criminal background. If you are... View More

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Massachusetts on
Q: Hit a dog believed to be a wild animal, police involvement, potential charges?

I accidentally hit a dog on a rural road near my home around 6 pm and initially believed it was a wild animal. I stopped but didn't see anything in the road, so I assumed the animal went into the woods and did not report the incident. Later, my neighbor provided ring camera footage to the... View More

James L. Arrasmith
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answered on May 14, 2025

That must have been a stressful and confusing experience, especially not knowing what you hit in the moment. On rural roads, it’s understandable to assume a quick-moving animal was wildlife, particularly if nothing was visible afterward. Since you didn’t intentionally leave the scene knowing it... View More

1 Answer | Asked in White Collar Crime and Criminal Law for Massachusetts on
Q: What punishment might I face for credit card fraud over $1,200 with no prior record in Massachusetts?

I am concerned about the potential punishment for committing credit card fraud over $1,200 in Massachusetts. This involved online transactions, and I have no prior criminal record. Additionally, do district courts typically ask for a plea in such cases?

James L. Arrasmith
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answered on May 15, 2025

In Massachusetts, credit card fraud involving more than \$1,200 is typically charged as a felony under the state’s larceny laws. For a first-time offense, this could carry a sentence of up to 2.5 years in the House of Correction or higher if the case is moved to Superior Court. However, since you... View More

2 Answers | Asked in Criminal Law and White Collar Crime for Massachusetts on
Q: What punishment might I face for credit card fraud over $1,200 with no prior record?

I am being arraigned tomorrow in district court for credit card fraud over $1,200. I have no prior record and have never been in legal trouble before. I don't have an attorney yet, and they will appoint one for me. No plea deal has been presented. What likely punishment could I face?

Joseph B. Simons
Joseph B. Simons
answered on May 5, 2025

Don’t jump right to punishment, as there could be a defense for your case. Hopefully you get a good lawyer appointed. If you do end up deciding to resolve the case with a plea, though, you may be able to secure a continuance without a finding (“CWOF”), which is kind of like a delayed... View More

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1 Answer | Asked in Criminal Law and Insurance Defense for Massachusetts on
Q: Am I at legal risk from an insurance claim my lawyer started on my behalf that I didn’t fully understand?

My lawyer filed a claim with my own insurance after an accident where the other party was found at fault. I followed his advice and assumed it was a normal part of the process. I only spoke to the insurance company once, during a recorded statement, where I now realize I made mistakes — mainly... View More

James L. Arrasmith
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answered on May 14, 2025

It’s completely understandable to feel overwhelmed, especially when you trusted legal guidance and now find yourself facing uncertainty. Many people rely on their lawyers to navigate complex claims, and it doesn’t make you guilty of anything just because you followed advice without knowing... View More

2 Answers | Asked in Criminal Law for Massachusetts on
Q: What will the DA offer for larceny charge with past dropped misdemeanors?

I’ve been charged with larceny from a building in Massachusetts. I've had two misdemeanor charges in the past, but they were dropped. What can I expect the district attorney to offer me when I go to court?

Neil F. Faigel
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Neil F. Faigel
answered on Apr 29, 2025

The district attorney will base his offer to you on the strength of his case. Additionally, he will consider the amount of the loss along with any input from the alleged victim. There are to many variables to consider without reviewing all of the facts of the case.

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1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Massachusetts on
Q: Does digital ageplay art depicting fictional underage characters break child protection laws?

I am concerned about the creation of purely digital ageplay art for personal use that depicts fictional characters with the proportions of adults but an intended age under 18. Does this kind of art break any child protection laws?

James L. Arrasmith
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answered on May 15, 2025

You're asking a difficult but important question, especially given how sensitive and serious the topic is. In the United States, child protection laws are strict and focus heavily on preventing the exploitation of real children. However, when it comes to purely fictional, computer-generated,... View More

2 Answers | Asked in White Collar Crime, Legal Malpractice, Contracts and Criminal Law for Massachusetts on
Q: Cousin forged power of attorney and took my phone and papers, can't contact family.

My cousin, who was my caregiver, took my phone and confiscated all my personal papers. She forged my name on a power of attorney and created another document making her sister a power of attorney as well, without my consent. I haven't spoken to my family in years and can't reach them.... View More

Kim Carnevale
Kim Carnevale
answered on May 2, 2025

I am not sure I understand whether your caregiver had a valid Power of Attorney, meaning one that you did actually sign, and then that caregiver signed your name (which you believe is a forgery) to another Power of Attorney to include her sister

OR whether your caregiver never had a valid...
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1 Answer | Asked in Gaming, Civil Litigation and Criminal Law for Massachusetts on
Q: Friend gave me money to gamble, banned from casino, pressing theft charges

I have a gambling problem, and my friend, who is banned from the casino, gave me money to gamble for him. I lost both his money and mine in the process. There was no specific agreement on what would happen if the money was lost. Now, he is pressing charges for theft and has threatened to have my... View More

James L. Arrasmith
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answered on May 15, 2025

In this situation, you could be facing legal and personal consequences, but it's important to approach this carefully. If your friend is pressing theft charges, it’s crucial to understand that theft typically requires the intent to permanently deprive someone of their property. Since there... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Massachusetts on
Q: Can I get bail if I turn myself in after cutting GPS monitor and leaving for a year?

I was on pre-trial probation with a GPS monitor for accessory after the fact attempted murder, with conditions of 24/7 house restriction and a bail initially set at $3,500. After spending a year and a half away due to an unstable home situation, I've decided to turn myself in. No attempts have... View More

Joseph B. Simons
Joseph B. Simons
answered on Apr 18, 2025

It will be an uphill battle, but turning yourself in will help. You may want to get some character letters and a college transcript to assist your lawyer in making a strong bail argument.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: How to get boyfriend out on bail from county jail?

My boyfriend is in Cumberland County Jail without bail due to a previous disorderly conduct charge, which I believe is false. He hasn't gone to court yet for either the disorderly conduct or the current situation. There are no other charges that I know of that would prevent him from being... View More

James L. Arrasmith
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answered on May 15, 2025

To get your boyfriend out on bail from Cumberland County Jail, the first step is to confirm whether he is eligible for bail, especially if he is being held without one due to the disorderly conduct charge. You can contact the jail or the court handling his case to inquire about the reasons for no... View More

1 Answer | Asked in Immigration Law, Criminal Law and Traffic Tickets for Massachusetts on
Q: Concerned about naturalization application issues relating to past criminal trespass and speeding violations.

I am applying for naturalization (N-400) and I'm concerned about a few issues. In 2014, I was involved in criminal trespass in the third degree in Alabama, which was discharged with "dismissal on costs" totaling $328.00 plus a $100 bonding fee. In 2019, I received a speeding... View More

James L. Arrasmith
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answered on Apr 16, 2025

You do not need to withdraw your naturalization application based on these incidents alone. U.S. Citizenship and Immigration Services (USCIS) looks at your overall moral character during the statutory period—typically the five years leading up to your application. Minor traffic violations, such... View More

3 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Personal Injury for Massachusetts on
Q: Officer threatened me during a traffic stop; seeking damages and accountability.

During an unlawful traffic stop, the officer threatened to assault me, claiming to smell marijuana and said he would rip me out of the car if I didn't give it up. I told him multiple times that I don't smoke and had nothing in the car. I received a ticket but successfully contested it... View More

Lissa McKinney
Lissa McKinney
answered on Apr 14, 2025

This seems pretty outrageous as you describe it! There are other ways to press the complaint, epending on how you already went about it, which you do not describe. You can also file a complaint at the POST Commission here: https://policecomplaints.mass.gov/complaint and let them look into it, or... View More

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3 Answers | Asked in Criminal Law for Massachusetts on
Q: Charged with gun possession; gun found in gym bag at previous residence.

I was charged with gun possession after a gun was found in a gym bag with my name tag in a house where I previously stayed as a roommate. I was unaware of the gun being placed in the bag. The person who found the gun reported it, mentioning my belongings were also at the house. However, the gun was... View More

Joseph B. Simons
Joseph B. Simons
answered on Apr 12, 2025

First, I’m sorry to hear that you are being charged with a crime you didn’t commit. No attorney can give you odds of success. However, I’ve tried a number of gun cases with similar and worse facts and ended up with acquittals, so you definitely have a decent shot at walking away from this.... View More

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1 Answer | Asked in Criminal Law and Employment Law for Massachusetts on
Q: Should I inform my employer about a shoplifting continuance before my CORI check for an internship?

I have a "continuance without a finding" from this past spring for shoplifting, with the condition of maintaining good behavior for a year, and the continuance period is not yet complete. I need to submit a CORI background check for a 6-month internship at a non-profit. My employer... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable to be concerned about how your "continuance without a finding" for shoplifting might affect your internship application. Since your employer mentioned that you may need to meet with HR if something shows up on your CORI check, it might be a good idea to address the... View More

3 Answers | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: How can I petition the court to restore my firearm rights after felonies in Massachusetts?

I am trying to petition the court to restore my firearm rights after a felony conviction for possession of ammunition, possession with intent to distribute a Class E substance, and two school zone violations in 2013. I have completed my probation, which ended in 2016. My attempt to expunge the... View More

Neil F. Faigel
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Neil F. Faigel
answered on Mar 27, 2025

In order to attempt to regain your firearm license the first step should be to apply to your local licensing authority. Most likely, the police department. If it is then denied, an appeal to the applicable court would be the next step.

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1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: What to expect and do in court for shoplifting arrest in MA?

I, along with two friends, were caught shoplifting at a Target in Fenway, totaling about $1,500 in merchandise. We were arrested and taken to Nashua Jail, processed, and then released on personal recognizance bail. I am 19, and my friends are 18 and 21. We have no prior charges. Our court hearing... View More

James L. Arrasmith
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answered on Apr 13, 2025

When you appear in court, you’ll likely be asked to enter a plea of "guilty," "not guilty," or "no contest." Since this is your first offense, it's a good idea to plead "not guilty" if you're unsure about the charges or penalties. The judge will... View More

2 Answers | Asked in Criminal Law and Legal Malpractice for Massachusetts on
Q: How to change court-appointed attorney after arrest for trespassing?

I was arrested for trespassing and disturbing the peace when I attempted to withdraw $16,000 from my bank, and an issue arose since the bank wanted me to schedule an appointment. They called the cops, leading to my arrest. I am currently assigned a court-appointed attorney who is not effectively... View More

Kevin R. Collins
Kevin R. Collins pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

Hello, it is unfortunate that you are not receiving the level of representation that you deserve. I will say, criminal defense attorneys can often be very busy and have numerous cases, so communication sometimes suffers. Prior to asking for a new attorney, you may want to reach out to the public... View More

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