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Massachusetts Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Massachusetts on
Q: Over 1 year of tenancy, my room mate has embezzled $13,600.00 from me. Bills were not paid. He spent all of it. Help!

I have already broken down all of the financials down to the cent. I have receipts for everything and multiple written admissions of guilt from him. When I figured it out, he abandoned the property, and we are about to be evicted. I’m going broke paying double. His millionaire father co-signed... Read more »

Dakota Martin
Dakota Martin answered on Nov 19, 2020

You could go to the district or municipal court near the house and file a private criminal complaint. The clerk will give you a form where you can write the facts you posted on Justia, maybe with a few more details/dates etc. The court will send a notice of a clerks hearing to this guy . You both... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: "Will" probated in 2017 norfolk county MA. Wife terminated their estate lawyer to stealing/hiding funds. What to do?

Eldest child 30 yr long criminal h/o not involved in family started coming around. Slowly manipulated mother english only spoken reading minimal. Began causing conflict against the youngest. Identity theft other crime reason father clear to keep eldest away knew she would steal money if gained... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you do not have a statute of limitations problem since this case goes back to 2017, you must immediately retain an estate litigation attorney. A general legal Q&A forum like this one cannot give you the help you need.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: How do you defend against false assault charges? My wife is making things up and the judge is going along with it!

i.e. She says we could not buy fireworks once and I leapt at her and punched her in the face. I have no police records at all, not even speeding. She has no medical records. My kids (all of them!) could testify that this is false and that I have nowhere near that kind of temperament. She has a... Read more »

Ismail Mohammed
Ismail Mohammed answered on Nov 5, 2020

Hello,

I'm sorry to hear about the restraining order issue. At this point, you can ask the judge to terminate or modify the order. If you have an adult child, as you do, it is best to see if he/she is willing to testify. It's important to have an attorney present to advocate on...
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1 Answer | Asked in Criminal Law and Family Law for Massachusetts on
Q: A restraining order hearing against my wife and daughter was extended for six months. How can I get visitation?

I want to see my daughter - even supervised. I am fighting the charges but how can I see or call her? Should I try to modify the order?

Joseph B. Simons
Joseph B. Simons answered on Nov 5, 2020

You could file a motion to modify the restraining order to allow for visitation.

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Have been wrongfully accused of assult and battery against a friend

the person who called is an alcoholic and was in bed not knowing anything and just assumed the worse mean While the person i was arguing with was off her medication and not her normal self and I had left to De-escalate and came back the next day to collect my belongings to then find out and my... Read more »

Joseph B. Simons
Joseph B. Simons answered on Oct 22, 2020

What do you mean you waived your rights to a lawyer? If you have the financial ability, you should hire a defense attorney. If not, you should request the court to appoint a public defender. Even if you didn’t do anything wrong, this is too important to try to handle on your own. You need... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law and Juvenile Law for Massachusetts on
Q: At a private business can photos be taken without the consent of the employee's

At a private business in MA, a neighbor who has been harassing the employees continues to come down every weekend to take pictures of minors while they work. She says it is for going after the owner for tax reasons however, the minors have stated to her that they do not consent to being filmed. Is... Read more »

Lissa McKinney
Lissa McKinney answered on Oct 2, 2020

There are a few issues here, so the answer rather depends. IF a neighbor can see from her property or a public street and take pictures it is probably legal. If she must trespass to take pictures then it may be a criminal trespass. It also sounds like harassment that may or may not fit the law on... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal for someone to do something if you said that you would commit suicide if they did it?

Someone threatened to send private 18+ photos to my parents and my university. I publicly tweeted that I would commit suicide if they did that. They saw my tweets and apologized and said they will not be sending anything. Then they did send private 18+ copyrighted photos to my university two weeks... Read more »

Lissa McKinney
Lissa McKinney answered on Sep 24, 2020

It is unclear their legal liability unless you actually did do as you promised- which you did not. Still their was a risk to lief, and many questions were left open by the Michelle Carter case a few years ago, re: encouraging suicide. the larger issue might depend on the content of the pictures,... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on
Q: If a family member was murdered, how can a relative find out information about the case or about the progress of a case?
Joseph B. Simons
Joseph B. Simons answered on Sep 18, 2020

The relative should be able to get an update on the case by going to the clerk's office at the courthouse where the case is pending and asking to look at the file.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Someone in my town is stealing or damaging trump signs. Is that a criminal offense? If so what level severity is it?
Lissa McKinney
Lissa McKinney answered on Sep 9, 2020

That is absolutely a criminal offense.

Some of the charges could range from larceny ( misdemeanor if $1200 or less), trespass, malicious damage to property, receiving stolen goods. Since this is also protected 1st Amendment and political speech it could implicate civil rights issues as...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Massachusetts on
Q: Can you get jail time for driving and unregistered ATV on the street?

The person has previous felony convictions

Lissa McKinney
Lissa McKinney answered on Sep 7, 2020

WHether you can is very different from whether you will. That is, the maximum pubishment for many motor vehicle violations or district court cases might be 2 1/2 years. However, that is not at all what a person might be likely to get. It might depend on the record, whether the person is on... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: What can i do to help my boyfriend after my daughter made false assault and battery charges on her stepfather?

She said that he punched and kneed her in the face for not cleaning the room i was there the whole time but i was never really question on by dcf not the police she had no injuries consistent with that hes been in her life for a long time we all live together.

Joseph B. Simons
Joseph B. Simons answered on Aug 23, 2020

The best thing you can do for your boyfriend is to make sure he has an excellent criminal defense attorney. Domestic violence charges - probably "assault and battery on a family or household member" - are prosecuted quite harshly in Massachusetts. It sounds like you will make a good... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Massachusetts on
Q: Can the police obtain a search warrant to conduct a drug raid of a persons home without having any controlled buys?

For example, All they have is hearsay that a certain individual is selling drugs and they (the police) have noticed a moderate amount of traffic to the individuals home. But they haven't had any arrests of anyone in possession of drugs leaving that persons home

Lissa McKinney
Lissa McKinney answered on Aug 19, 2020

That absolutely doesnt sound like it meets the probable cause standard to get a search warrant. The search warrant gets 'returned' within 7 days after it is issued, which isnt always 7 days after the search. You would need to get a copy of the Affidavit from the Court, and that document... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: My 16 year old son recently received a criminal citation in the mail, we want to fight it. Who signs the back me or him?

WPD came to my house after talking previously with my sons friends. So I went on the porch to talk when my son made a bad choice & rode down the street away from all of us. The cop began talking bad about my son to his friends & realized I was there.He then assumed that I was ok with what... Read more »

Lissa McKinney
Lissa McKinney answered on Jul 20, 2020

Your son signs the citationon that back. Be sure you read the instructions very carefully too as it involves payment of a processing fee and you will not get the hearing if it isnt paid. Then you will be notified f a clerks hearing where you can oppose the issuance of the criminal complaint. Your... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is two letters in a row considered harrassment?

Someone sent me an apology letter and ended it by saying that they wouldn't contact me again. However a few weeks letter they sent another letter, adding some information to the apology, apologizing for sending a second letter, and reiterating that they wouldn't contact me again. The... Read more »

Lissa McKinney
Lissa McKinney answered on Jun 8, 2020

No- Under MA law, that would not be harassment at all. That law requires 3 or more acts that are harassing , defined as: willful and malicious/ done on purpose and was done for cruelty, hostility or revenge

Were aimed at you.Were intended to cause you fear, intimidation, abuse, or damage to...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I have received a notice to appear for a order of harassment. I need help in knowing what to do. I need a lawyer to help

The person who filed this against me lives above me in the apartment building we live in. I want to know if I have the rite to see her complaint forms. I have been told that in order for her to file this against me she had to list 3 times I harassed her. I have never been to court except one time... Read more »

Dakota Martin
Dakota Martin answered on Jun 8, 2020

Because restraining and harassment prevention orders are civil as opposed to criminal, you are not afforded a public defender, regardless of your financial means. You can view the affidavit your neighbor made at the courthouse (if it is even open). Perhaps the clerk can email or fax you a copy.... Read more »

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Massachusetts on
Q: As tenants do we have a legal claim to use of common space? How do we address harassment by neighbors who won't share?

My husband and I moved into an apartment in an upstairs/downstairs duplex last year. The upstairs tenants had been living there for several years before we moved in. In our leases each apartment has rights to two parking spots in the shared driveway, but the neighbors have taken three, making our... Read more »

Lissa McKinney
Lissa McKinney answered on May 23, 2020

You should send a polite email to the landlord asserting that your lease provides you 2 parking spots and they have taken one of yours. He needs to tell them they have only 2 and to move the 3rd car someplace else. He should also tell them in writing that you are entitled to half the garden and... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Is it illegal to keep a license plate that isn't yours? My friend found one. (They aren't going to use it to drive.)

They found a license plate on the side of the road and they want to display it in their room. Again, my friend isn't going to drive with it, they just want to use it as a decoration. I'm in Massachusetts if that's any help. (02191 is my zip)

Dakota Martin
Dakota Martin answered on May 15, 2020

Finder's keepers, loser's weepers. The law is clear from Missouri to Massachusetts, Texas to Tennessee,

No, your "friend" has no duty to turn it in.

2 Answers | Asked in Criminal Law for Massachusetts on
Q: I have 2 open cases at court in Somerville , receiving a stolen motor vehicle and 2 counts of larceny over $1200.

I recently picked up a receiving stolen motor vehicle in another city. What might be the result?

William Barabino
William Barabino answered on May 2, 2020

Hello,

You could have your bail revoked by court who arraigns you on the new charge. When bail is revoked it requires a 90-day incarceration or until the underlying case is disposed. You could also have bail attached on the new case and no bail revoked. Or simply given personal recognizance...
Read more »

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1 Answer | Asked in Bankruptcy, Criminal Law, Federal Crimes and Social Security for Massachusetts on
Q: I need to hire a qualified attorned to represent me asescribed below.

currently I owe more than $3000 in cash and check, and I need to hire a qualified attorned to represent me.

David Luther Woodward
David Luther Woodward answered on Apr 27, 2020

Check with the Bar Association in Boston for lawyer's referral for someone near you who can assist.

This place is not used to engage or instruct lawyers.

Good Luck

d

1 Answer | Asked in Criminal Law and Probate for Massachusetts on
Q: Can I get a medical marijuana card on probation in barnstable Massachusetts? I'm on drug and alcohol testing also.
William Barabino
William Barabino answered on Apr 26, 2020

Hello,

I would suggest reaching out to your probation officer

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