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Massachusetts Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Massachusetts on
Q: i have a closed warrant that I did not initially show for

I had to appear in court for our 13yr old son who is having problems at his school I found out then I had a Nearly 5 yr. old summons to appear and was transported too district court and the judge closed a warrant and let me return to my sons hearing at juvenile court I now have to appear march 23... View More

Jessica Day
Jessica Day
answered on Mar 15, 2018

Without looking at the warrant or knowing what you were charged with, its hard to say where you stand. I would strongly encourage you to appear in accordance with the summons.

2 Answers | Asked in Criminal Law for Massachusetts on
Q: What happens if one accused perpetrator must answer complaints in two District Courts for the same string of crimes?

I am a victim, not a defendant.

Dakota Martin
Dakota Martin
answered on Mar 14, 2018

Just show up to all court hearings. Come early. That’s the best way to keep bail down.

They can’t prosecute you for the same incident in two different courts, so eventually they will pick one, the one where the state’s case is strongest.

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1 Answer | Asked in Criminal Law and Education Law for Massachusetts on
Q: University went into my room, took my legal herbal supplement, and wants to give me drug possession violation.

My resident director went into my room at a private university (which I believe is permitted), and took away an herbal supplement that I take to ease chronic debilitating back pain, and want to charge me with “drug possession” as policy violation. The herbal supplement I take is legal for human... View More

John Espinosa
John Espinosa
answered on Mar 14, 2018

Just because something is legal doesn't mean that the school can't have a rule that prohibits it on campus. Alcohol is a great example. You have to work within their rules. And hold them to their own rules. But at the end of the day the school has broad discretion.

3 Answers | Asked in Criminal Law for Massachusetts on
Q: On the search warrant it says the cops are not allowed to enter the premises at night time and they still enter the home

Cops gave my girlfriend a search warrant the box is checked off that they could not enter the premises at night time the cop still entered at 9 p.m. is that a mistake can I get the case thrown out

Dakota Martin
Dakota Martin
answered on Mar 7, 2018

Doubtful but I, or another attorney would have to see the warrant. Usually a warrant is a warrant and they simply need to enter the target area within a certain amount of time.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can I smoke marijuana if on probation,it's legal in my state

I'm on probation

Dakota Martin
Dakota Martin
answered on Feb 19, 2018

It really depends on your probation officer and more importantly, the terms of your probation. If it is a condition of your probation that you remain drug and alcohol free, you better stay clean. They can order that you don't drink, even though drinking is legal. They can do the same with... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can I be legally prevented from contacting the husband of the woman my (now ex-) husband cheated on me with?

I think their 8-year long affair has ended, but I don't think her husband knows about it. I am in MA, they live in CA.

Now that my divorce is final, I wrote her a note: I made no threats of blackmail, but I made it clear that I may tell her husband. She responded by hiring a lawyer... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 2, 2018

Your question is not really a domestic relations question but a general harassment question. If there is a request to stop contacting her then there is no real reason to keep contacting her and the laws in her jurisdiction dictate what constitutes harassment of her.

1 Answer | Asked in Traffic Tickets and Criminal Law for Massachusetts on
Q: Question about getting a ticket for Operation to endanger in M.A

I was driving last night and someone was in front of me on my college campus. The street is divided by a single solid line. The person infront of me was brake checking. So I tried to go around them and then they sped up. So I went back in my lane. Well campus police saw that I was trying to pass... View More

Ismail Mohammed
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answered on Jan 27, 2018

You will be summonsed to appear in court. Hopefully it will be for a clerk magistrates hearing. If it is, then with the assistance of an attorney, you may be able to have the case dismissed before. A clerk magistrates hearing will determine if there is probable cause to charge you with a crime.... View More

Q: Can an attorney represent me to clear a bench warrant?

Hi there!

I was a student in MA back in 2015/2016. I was stopped by police and my insurance had lapsed. I thought I would receive a ticket but due to unforeseen circumstances I had to quickly move back home (to Florida where I currently reside). I changed my address and what not but I... View More

Joseph B. Simons
Joseph B. Simons
answered on Jan 26, 2018

It may be possible to avoid a trip to Massachusetts if you hire a criminal defense attorney here. No guarantee that the judge will agree to waive your appearance, but I have been able to do it successfully for several out-of-state clients.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can I show up to my boyfriend's arraignment to help get him off domestic A&B

My bf called the police on me because I was out of control intoxicated. Since he could not calm me down he was looking for help. They asked if he wanted me arrested he said no. We both hit each other I hit him first but my story was all over the place I know because I was inebriated and my bf... View More

Joseph B. Simons
Joseph B. Simons
answered on Jan 1, 2018

The best thing you can do for him is to make sure he has an experienced criminal defense attorney. Unfortunately at this point, the prosecutor will not likely dismiss the case just because you ask them. Domestic violence allegations are often pressed hard by the prosecution. I have had many... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I was arrested for uttering false prescriptions and fraudulently obtaining drugs (adderall).

I would like to know if a search was legal, lack of due diligence on the police's part, if I have a reason for a motion to dismiss. And a possible subsequent civil case

Joseph B. Simons
Joseph B. Simons
answered on Jan 1, 2018

With any type of search, a good criminal defense attorney will scrutinize the police’s actions leading up to the search. The remedy may be to file a motion to suppress evidence. If successful, the case would likely be dismissed. Was there a search warrant, or was it a warrantless search?... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a person in Boston Massachusetts is on house arrest, are there fees to be paid to the court on a regular basis?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Dec 1, 2017

I'm not sure why this question was posted in the Texas section. Here in Austin, a person a house arrest is likely to have an ankle monitor which does involve fees but it is better than jail!

1 Answer | Asked in Criminal Law for Massachusetts on
Q: My boyfriend is in jail because my cousin said he beat me but i never said that happened its her word against mine
Ismail Mohammed
Ismail Mohammed pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2017

Were there any other witnesses? You can also testify that this never happened. Consult with an experienced criminal defense attorney.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can I be arrested at court?

The cops were called

Ismail Mohammed
Ismail Mohammed pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2017

Hello,

You will be formally charged with assault and battery on a family member. If you don't have a record, you should be released on personal. Plus, don't make admissions online.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: what is a dibenedetto motion? and can I file this prior to an arraignment?

I was accused by ex boyfriend of threatening him because he had filed for a no harassment order against my spouse.. which I knew nothing about. I had made a phone call about our shared daughter and was in turn threatened and told him I was going to the police. he beat me to it. However, I had... View More

Ismail Mohammed
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answered on Aug 24, 2017

Hello,

A debenetto motion is usually filed later on the case, where there is no probable cause for a criminal charge. Your case is probably a triable issue for a jury to decide.

Ismail Mohammed

1 Answer | Asked in Animal / Dog Law, Personal Injury and Criminal Law for Massachusetts on
Q: Can I walk my dog after hours on School grounds During summer months?

Dog is leashed, licensed, neutered and microchip

Updated with all its rabies. Bathed and groomed. Water is supplied for walks.

William C. Head
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answered on Aug 22, 2017

You forgot to mention whether your dog wore a diaper. The issue for schools is that children play outside (recess) and if poop piles litter the landscape, guess who gets to clean up the kids, once they get poop on them? Don't ask me how they get poop on them, but they will.

If it is a...
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1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: I got a restraining order against my ex. They were never able to serve him.

A week after i went to court and dropped the restraining order because i do want to work things out. However, he recieved a note from the sheriffs department asking that he contact them. Could they still be trying to serve him even after i dropped it? I filed the restraining order in Massachusetts... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Is it a criminal or family law order? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Criminal Law and Municipal Law for Massachusetts on
Q: I'd like to know in your professional opionion what I should do with a criminal case in Maryland.

On October 18th, 2013 I failed to appear in court in Worcester county for a small possession charge (less than .2 grams. I was smoking a joint the summer of 2013 when I was stopped by officers who confiscated a small joint roach (the end of the joint) and arrested me on the spot. I failed to appear... View More

Ismail Mohammed
Ismail Mohammed pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017

Good afternoon,

If the possession is for under an ounce of marijuana, the case should be dismissed. I would suggest you call an attorney in Massachusetts. You will have to appear in court to get the default removed and hopefully have the case dismissed the same day. You will not be able...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Minor child accused of assault with dangerous weapon in MA. Testimony is hearsay. Defense? Happen at hearing?

Child did not touch other child which is 1 of 3 things that has to be proven. Accused states that the other boys threatened him with knife. Hearing to be held to determine whether complaint is made. Offense code states 265 15B/A which is assault on elderly. Offense listed states 265 15 B(b). Is... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Do you have a lawyer? That is crucial here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Can my 16 year old be arrested for threatening to shoot someone in response to a threat made to her 9 year old sister?

An adult woman came to our home and threatened to have my 9 year old daughter beat up. My 16 year old responded by saying not to send anyone to our house anymore or she will shoot her. .I want to report the adult because she wont leave our family alone but I dont want my daughter to be arrested.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

It depends on the specific facts of the interaction. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Massachusetts on
Q: is it legal for a police dept to file a false warrant " do a "favor" for someone
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

No. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... View More

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