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Massachusetts Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Massachusetts on
Q: Are batons legal to carry in Massachusetts also known as collapsible batons
Dakota Martin
Dakota Martin
answered on Jul 21, 2018

I believe they're included in "dangerous weapon" with switch blades, nun-chucks etc.

Massachusetts 269 section 10(b).

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can you go to jail for using someone else's debit card?
Lissa McKinney
Lissa McKinney
answered on Jul 13, 2018

Maybe- that depends on your prior criminal history, your ability to make restitution/pay back the money, and whether it is a misdemeanor or a felony. It may also matter if you are in a rural Court in MA or a busier court in greater Boston, Worcester, Springfield etc. If it is a very 1st offense... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Question about my criminal case

was wondering about my drug trafficking case, allegedly drugs were found on person while driving and allegedly at a house I was seen staying at my motion was allowed to suppress such drugs found and motion to dismiss is the next thing to be filed the question is if the case gets dismissed and since... View More

Ryan P. Sullivan
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answered on Jun 21, 2018

Hello,

The answer to your question relies in large part on the facts leading up to the seizure of the car and the money, as well the status of the forfeiture proceedings. Most of the time, when a motion to suppress is granted in a drug distribution or trafficking case, the forfeiture...
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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Massachusetts on
Q: My stepson’s mother gave him some of her adderall prescription to take. He doesn’t have any rx’s prescribed to him.

We have joint physical and joint legal. Do we contact the police, his school and/or his pediatrician? Isn’t this illegal? He had 5 10mg pills left (in her pill case) that we took from him. How do we deal with this so it doesn’t happen again?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 18, 2018

Yes, you can contact the police, but if your spouse has joint legal custody he can contact the pediatrician to make sure that the child does not have a prescription for this medication. The pediatrician would also be mandated to contact the DCF if there is suspected abuse or neglect of the child.

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Massachusetts on
Q: I'm looking for a pro bono federal prosecutor in Boston, MA.

This is a large case involving a family member stealing my inherited social security funds as a result of my father's death. ID theft & personal property by stolen friends, family state l’ve been disabled since 9. I am now 41. I’ve been Misdiagnosed since 9 mounts ago! Now friends... View More

Gary Kollin
Gary Kollin
answered on Jun 15, 2018

Pro bono prosecutor?? you cannpt hire a prosecutor. Prosecutors work for the government.

Call the Department of HHS. They have investigators

4 Answers | Asked in Criminal Law for Massachusetts on
Q: I got caught shoplifting days after the offence,I returned the item to the police department,what should I expect?
Ryan P. Sullivan
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answered on Jun 13, 2018

There are several things to expect: 1. You can be summonsed to court for an arraignment on shoplifting charges (this could take days, weeks, or months to process); 2. You can be sent a notice of a hearing about whether a charge should issue (often called a clerks hearing or magistrate hearing); or... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Massachusetts on
Q: What if your a victim of raqueterring

I’m getting a sounding heat for what an old aquaintence got involved in on a huger than huge level

Gary Kollin
Gary Kollin
answered on Jun 6, 2018

I would answer but I do not know what a sounding heat is.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Life without parole for murder, Does that mean they will almost always deny parole even though they make it to the board

1st degree murder - life without parole in Massachusetts

Ryan P. Sullivan
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answered on Jun 12, 2018

Hello,

The short answer to your question is yes, but actually a person who is facing life without the possibility of parole (only a punishment for first degree murder) will not make it to a parole hearing as there is no possibility without parole. A life sentence (that is not for first...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: How to clear warrant for not finishing community service. Grandson went to Recovery America for substance abuse.

Grandson arrested for Tagging in Brighton MA. Sentanced to 18m or Community Service. He was strung out on drugs we sent him to Recovery America for help. They sent him to Calif. He is two years sober and wants to clear things and get new start. He is still in Calif. What can we do?

Ismail Mohammed
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answered on May 15, 2018

Hello,

First let me command him for getting sober and maintaining it. In order to remove a default warrant, he would need to physically be here and go to court to remove it. If he's able to show that he attended a program and is maintaining his sobriety, it is unlikely that the court...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: For non-violent offense is it legal to require $5,000 cash bail along with home confinement on electronic monitoring

I was on default for over 18 months prior I have a very long history of defaults

Stephen Neyman
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answered on May 15, 2018

The short answer is yes. The history of defaults likely concerned the judge who set the bail, thus the reason for the GPS and home confinement. As to the bail, seriousness of the offense, criminal history, history of defaults, ability to pay, safety to the community are just some factors judges... View More

2 Answers | Asked in Criminal Law and Immigration Law for Massachusetts on
Q: My friend was driving without driver's license he's foreign. any consequences to me if I signed to release car?

My friend was driving without driver's license he's foreign and the cops pull him over and towed his car. he's asking to get his car from towed parking lot there's any consequences to me if I signed to release his car? Any advice will be highly appreciate.

Hector E. Quiroga
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Hector E. Quiroga
answered on May 11, 2018

It is hard to say without knowing your specific circumstances, but this might be a better question for the police agency that has the car in impound.

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2 Answers | Asked in Criminal Law for Massachusetts on
Q: I am in default in 4 cases from 1985 one of the lawyers here suggested I go to the court with an attorney.

The cases are open but no warrants. I cannot afford an attorney. If I go to court alone will I be arrested.

Dakota Martin
Dakota Martin
answered on May 3, 2018

Bring a lawyer. They WILL take you into custody if you don’t.

Find someone you’re comfortable with. Go when you’re ready.

Have some bail money set aside. Just in case.

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1 Answer | Asked in Criminal Law and Elder Law for Massachusetts on
Q: I applied to a ride share company and they ran a CORI on me. I failed for unresolved cases.

There were 4 cases for larceny by check back in 1978. How do I resolve this?

Stephen Neyman
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answered on May 3, 2018

Unresolved cases usually mean that you are in default and that the cases are still open. You will need to go into that court, remove the defaults and resolve the cases. I strongly advise you to have a lawyer with you. Cases that are that old are often difficult for the prosecution to prove.... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I am charged with DV assault. Only thing is I made the 911 call to leave the house so it would not happen.

She flipped out when i got home hd my suit case already to start packing. I sat there and watched her freak out throwing my stuff around, I made the 911 call saying what she was doing and i need help. She ran out the door told the cops i hit her. In the police report says one story in her affidavit... View More

Stephen Neyman
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answered on Apr 27, 2018

You making 911 call might work to your benefit. The audio might have her rant recorded and she might be recorded saying things that counter her complaint that you hit her. Having a subsequent affidavit inconsistent with her report to the police should also help your case. As to getting your job... View More

3 Answers | Asked in Criminal Law for Massachusetts on
Q: If I've decided to represent myself in a criminal matter, does that mean I can't later appeal if I misunderstood the law

during my first trial? I'm not a lawyer.

Dakota Martin
Dakota Martin
answered on Apr 23, 2018

No

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1 Answer | Asked in Domestic Violence and Criminal Law for Massachusetts on
Q: Is it legal for a husband to search through his wife's phone?
Lissa McKinney
Lissa McKinney
answered on Apr 11, 2018

There are no laws that make it illegal per se, unless he hacked into it and committed a cyber crime. There are many variables in play here otherwise. That might depend on who holds the account for the phone, who purchased it, and whether any family funds paid the bill for it; or whether it was... View More

1 Answer | Asked in Criminal Law and Immigration Law for Massachusetts on
Q: Walked out of a supermarket with 126$ worth of groceries with nobody stoping me. What consequences can I expect?

At a self checkout machine at a supermarket there was a problem when finalizing the payment. A message prompt on screen” wait, help is on the way” My friend waited while bagging his groceries. Some time went by and nobody approached him to help. He walked out of the store confused with the... View More

Lissa McKinney
Lissa McKinney
answered on Apr 10, 2018

It seems to me that THIS TIME your friend may get by without a criminal prosecution. This might depend on whether the store had a security camera inside and outside, and whether the license plate of his vehicle or ID becomes known. Some stores have a 'take no prisoners' approach to... View More

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Hi i have cwaf for shoplifting and was arrested for larceny over and receiving stolen goods, whats likely to happen

My open case was for two shoplifting, one was dismissed one was cwaf until august.

Dakota Martin
Dakota Martin
answered on Mar 31, 2018

CWOF

You should get a lawyer right away.

Be proactive. On the old case and the new one. You don’t want to lose that CWOF and don’t have to, though you may have to fight a lot harder on the second case to make it go away because of your history (prior similar case)

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: If you pay bail for someone do you get your money back?
Dakota Martin
Dakota Martin
answered on Mar 30, 2018

Yes, win or lose you get bail back. . . . unless,

They skip out and don't come to court again.

They pick up a new case and the court moves to revoke and forfeit the bail.

Keep your bail slip and your fingers crossed. It makes our job easier, defending the case that is,...
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2 Answers | Asked in Criminal Law for Massachusetts on
Q: Police legal protocol at overdose

when you call 911 because your friend overdoses, and police and paramedic's arrive. After victim is conscious and in route to hospital do the police have the right to search your room and seize items that are not drug related and that where not visible? (Hamper,under mattress, in drawers, in a... View More

Jessica Day
Jessica Day
answered on Mar 19, 2018

Typically there is no crime scene exception to the search warrant requirement unless exigent circumstances exist. To establish authority to conduct a search based on exigent circumstances, law enforcement officials must demonstrate one or more of the following; threats to life or safety, the risk... View More

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