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Massachusetts Criminal Law Questions & Answers
0 Answers | 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

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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0 Answers | 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

1 Answer | 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
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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

1 Answer | Asked in Criminal Law, Banking and Civil Rights for Massachusetts on
Q: We want a new attorney. What do we do?

We were arrested for trespassing and disturbing the peace when we entered our bank to withdraw our money ($16,000) the bank said they didn’t have that much money and we would have to schedule an appointment ahead of time. We told them we know there are laws that protect our rights so we told... View More

James L. Arrasmith
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answered on Mar 24, 2025

You have the right to request a different court-appointed attorney if you feel your current one isn't providing adequate representation. To do this, you'll need to file a motion with the court explaining your concerns and why you believe your current attorney isn't effectively... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: Can I report a minor stealing from CVS to police?

I witnessed a minor stealing an item from a CVS store. Am I legally allowed to report this incident to the police?

Kensley Barrett
Kensley Barrett
answered on Mar 14, 2025

Yes, you are legally permitted to report a theft you witness, even if the individual involved is a minor. However, it's important to keep in mind that incidents involving minors are often handled differently than those involving adults. Law enforcement typically approaches these cases with a... View More

1 Answer | Asked in Criminal Law and International Law for Massachusetts on
Q: Can I get in legal trouble for happening upon illegal images on a public forum?

Through facebook I heard about a website that posts intimate photos women have sent in confidence. This is a revenge porn site. I searched this public forum to make sure my photos were not on there. When searching for myself I saw what looked to be photos of underaged. I did not click these images,... View More

James L. Arrasmith
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answered on Mar 1, 2025

In general, accidentally coming across illegal content while browsing the internet does not typically lead to legal trouble, especially since you immediately reported what you found. The key factors that matter legally are intent and actions taken - you were searching for legitimate reasons, did... View More

1 Answer | Asked in Civil Rights and Criminal Law for Massachusetts on
Q: Should I hire an attorney for gang stalking in MA?

I believe I have been a target of "Gang Stalking" since 2012, which has severely affected my life, including having to move multiple times and experiencing sleep deprivation and other physical symptoms like waves through my body and bad palpitations. I have some police reports but feel I... View More

Neil F. Faigel
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Neil F. Faigel
answered on Feb 18, 2025

Any time that you believe that you have been the victim of a crime you should notify the appropriate police department and / or appropriate federal agency. If you do not have the time or experience to do so, an attorney may be helpful in guiding you through the process.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Im 16 and got my first charge for throwing milk at someone. I got charged with assault and conspiracy. will i go to juvi

The man later on got beat up by 3 other guys. The reason for that was because he touched intoxicated girls including a minor (he’s 18)

Alexander Joseph McIsaac
Alexander Joseph McIsaac
answered on Jan 23, 2025

Hello,

The answer depends on the specific facts of your case and how serious the government or prosecution views the incident involved. Based on the information you have given, if you have no prior criminal record or involvement you will most likely not end up at a juvenile facility or in...
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1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Friend was driving my car. Got pulled over and got arrested on a gun charge for a gun outside the car we were in.

Did they have a right to arrest me even tho I wasn’t driving? Wondering if the case sounds promising since it wasn’t found in my possession? Do I have any chances of alternative sentencing like the gps bracket instead of jail time? My wife is pregnant and nervous about missing the first few... View More

Dakota Martin
Dakota Martin
answered on Nov 10, 2024

I need more details, but you shouldn’t be thinking about sentencing. Sounds like you can definitely beat this case. just because you were charged with a crime does not mean that you’re going to be convicted. Fight it.

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Massachusetts on
Q: if a person has been incarcerated for three months without being indicted are they still allowed to hold him?
James L. Arrasmith
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answered on Oct 6, 2024

If someone has been held for three months without being indicted, that could potentially violate their rights under both state and federal law. In most cases, the government is required to indict or formally charge a person within a specific period of time. In Massachusetts, if you’re being held... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Opening the door

There is a trial in Florida where a woman shot through a door and killed her neighbor in what she claims in slf defense.

After the event someone in the community wrote negative things on the doo.

The door was brought into evidence at the trial today. But the door was painted over... View More

Lissa McKinney
Lissa McKinney
answered on Sep 8, 2024

First, you are asking about a Florida case, and that state's law would apply as to rules of evidence.

It seems like you are asking a question out of curiosity, rather than having a legal issue that needs some guidance by the lawyers that volunteer thier time. Please respect that the...
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2 Answers | Asked in Criminal Law and Identity Theft for Massachusetts on
Q: If my property is stolen/ID thefted, could it be used as court evidence by someone else, such as an impersonator?

I am not worried that it could be used against me, but more that someone else, possibly pretending to be the owner of the materials would use it in their own case.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If your property or identity is stolen, it could potentially be used as evidence in court by an impersonator. However, the legitimacy and admissibility of such evidence would depend on various factors, including the ability to prove the theft and the identity of the true owner.

Intellectual...
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1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Can you sue the jail that your incarcerated in?
James L. Arrasmith
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answered on Jul 27, 2024

Yes, you can sue the jail you are incarcerated in if your rights have been violated. You might pursue legal action for issues like inadequate medical care, unsafe living conditions, or abuse by staff. It's important to gather as much evidence as possible, such as documentation of your... View More

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

1 Answer | 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

James L. Arrasmith
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answered on Jul 21, 2024

I'm sorry to hear about your friend's situation. It is possible for someone to be indicted for murder if a victim dies from injuries related to an earlier assault, even if significant time has passed. This is because the death changes the nature of the crime from assault to potentially... View More

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

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