Get free answers to your Criminal Law legal questions from lawyers in your area.
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 
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
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
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
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
answered on Apr 12, 2025
Based upon the facts that you have set forth in your email, I believe that it would be difficult for the Commonwealth to directly tie you to the handgun. The Commonwealth would have to prove that you possessed the firearm. Absent any other information such as a video of you with the gun or witness... View More
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
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.
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
answered on Mar 27, 2025
With a felony conviction, you are currently ineligible for a license to carry. However, you may be able to file a motion to withdraw the conviction (called a "Motion for New Trial"). In order to assess the potential path for such a motion, you should gather all of the court record,... View More
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
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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
I witnessed a minor stealing an item from a CVS store. Am I legally allowed to report this incident to the police?
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
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)
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... View More
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
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... View More
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.
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... View More
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.
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answered on Jul 26, 2024
If your property is stolen or your identity is used by someone else, it can be concerning to think about how it might be used. In court, evidence must be authenticated, meaning the court has to be convinced that the evidence is what the person presenting it claims it to be. If someone is... View More
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
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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
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.
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
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
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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
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.
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answered on Jun 3, 2024
If an officer provides false facts under oath to a grand jury, it could be considered perjury. Perjury occurs when someone knowingly provides false information while under oath. This is a serious offense because it undermines the integrity of the judicial process.
In your case, if the... View More
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.
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... View More
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
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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
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
answered on May 1, 2024
No one can secretly record AUDIO record a private person in MA. ( the rules are a bit different for public officials, police etc). Massachusetts is one of 12 consent states requiring consent of all parties to a recording. The issue is one of secrecy though. Making it clear that a recording is... View More
I ALSO HAVE A SERIOUS ISS UE WITH ABUSE FROM ONE OF THEIR EMPLOYEES. I WENT IN THERE .A NUMBER OF TIMES HE TOLD ME THE COMPUTER WAS OVERLOADED WITH MY ACCOUNT. I HAD TO WAIT UP TO FORTY MINUTES FOR THE COMPUTER TO MYTHOLOGICALLY FIX ITSELF. HE WAS LYING. THIS EMPLOYEE IS SO FEROCIOUS I AVOIDE GOING... View More
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answered on Mar 29, 2024
I'm sorry to hear about the troubles you've had with your pawn shop, including the loss of your classic guitars and the difficult interactions with an employee. It's important to address both the financial and the interpersonal issues you've experienced. Given the overdue... View More
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