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Massachusetts Criminal Law Questions & Answers
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...
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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

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I need a criminal attorney in western MA. I live near Northampton.. Can you recommend anyone?
Stephen Neyman Esq.
Stephen Neyman Esq. answered on Apr 10, 2020

Please contact my office at 617-263-6800 to discuss. Looking forward to hearing from you.

Thank you.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Hello my name is Lori my boyfriend is being held dangerous for a hunt 120 days. The police never read him his rights
William Barabino
William Barabino answered on Apr 6, 2020

Hello Lori,

Thank you for your question.

Without knowing more, it appears that your boyfriend is being held after a 58A Dangerousness Hearing. A Dangerousness Hearing occurs in Massachusetts when a court allows police to hold a person in custody who is determined to be too...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I have a theoretical question for my graduate class about autism spectrum disorder and the CJS that I was hoping to ask.

I have to come up with a theoretical scenario about a suspect and discuss competency, capacity, and mitigating factors. If someone went into someone's home without permission and stole a bike, would this be a crime that could be brought to court in front of a jury? I know you don't have... Read more »

William Barabino
William Barabino answered on Apr 6, 2020

Dear Questioner,

Thank you for your question.

The answer is yes. A jury trial could eventually occur if the person is found competent to stand trial. However, there are a number of situations that could occur before a jury trial takes place.

First, an attorney would have...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: A person maxes their credit cards, defaults, then moves overseas. Is that a crime?

Will there be criminal charges waiting for them if they ever return to the United States?

Dakota Martin
Dakota Martin answered on Mar 3, 2020

Unlikely. Intent might be hard to prove. I've not seen a criminal case based on the facts you provided. They use civil not criminal courts. The reality is that they will attempt to locate you, contacting friends and family anyone they think might assist their search. It may get so bothersome... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Will my sons father do jail time for a second time for a second offense against me in Massachusetts?
Lissa McKinney
Lissa McKinney answered on Feb 15, 2020

Your question just cannot be answered as it has too little factual information. Was he on probation for the 1st when the 2d happened? are you on board with the prosecution or not planning to testify? Are there photos/medical/hospital reports? Generally the more serious any injury impacts the case... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I am a college student and was caught using a fake ID this past weekend to go to the bar.

I was told I would be summoned to court. I am also in the process of trying to get a job and was wondering if this would be shown on a background check before I actually get summoned, after I get a letter to be summoned, or until I actually attend my court date. I was also wondering what the... Read more »

Lissa McKinney
Lissa McKinney answered on Feb 13, 2020

This will not show up on a backround check until you are arraigned and the formal criminal process started. However, this can be a serious crime that many students don't realize until something like this happens. Under Mass. General Laws c.90 § 24B It is a '5 year felony' which... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: so i work for loss pervention and i filed a police report on a shoplifter which is going to court

i got the name of the subject from other workers that claim they dealt with them in the pass the detective thinks they look similar comparing the photo i gave and the one already on file with the police when this goes to court what happens if it isn’t the same person? will i go to jail? for... Read more »

William Barabino
William Barabino answered on Feb 10, 2020

Dear Questioner,

Thank you for your question.

Based on what you have mentioned it seems like your concern is that you may have misidentified the potential shoplifter. Misidentification is a process in which someone in good faith believes that they have identified the right...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can a police department ask me to take a polygraph without my consent with atleast a valid accusation or any other reaso
William Barabino
William Barabino answered on Feb 10, 2020

Dear Questioner,

Thank you for your question.

Anytime the police ask you a question you are not under any obligation to answer it. This includes during a 'polygraph' or lie detector test. However, police can always ask you a question if you are not in custody. They can...
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1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for Massachusetts on
Q: Lots of resources for physical abuse, but what options do I have for psychological / legal abuse, slander & harassment?

Physical abuse victims have many resources, but what about those being harassed, slandered, stalked & tormented by a malicious sociopath? Sociopaths strategically execute their schemes covertly, staying “under the radar” which keeps them just inside the law so they avoid exposure &... Read more »

William Barabino
William Barabino answered on Feb 7, 2020

Dear Questioner,

Thank you for your question.

Without knowing more specifics about your situation, I cannot give you direct legal guidance, but I would say that one option that may be available to you in Massachusetts is obtaining a Chapter 258A or Harassment Prevention order....
Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: A new const. apt. has been pushed back 7x's totalling 6+months. We have no more timeshare points and are nearly homeless

Multiple leases signed over the course of this fiasco. Is there any way to sue for reimbursement for timeshare being exhausted, multiple hotel and resort stays plus the mental pain and suffering from all of this?

Michael Hales
Michael Hales answered on Jan 30, 2020

I would need more information to give an answer. I've worked with most timeshare companies, but I'm not entirely sure what happened. It's possible there's a breach of contract claim, but that would largely depend on the agreement and additional facts I don't have. Feel free... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Owe a Limo Bill owner says if not paid today he will go to the police? Isnt this a civil matter?
Lissa McKinney
Lissa McKinney answered on Jan 21, 2020

It is both technically speaking. The larceny statute covers many kinds of thefy, including larceny by fraud, trick, deceit etc. If this is a straightforward failure to pay the police might treat it as civil and defer it. The limo owner can still try to obtain a criminal compliant, but you would... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I suspect that my sister is being molested by her stepfather, she has told me that he tries to touch her private areas

How can I report the guy cause I fear for my sister's safety and my mom won't believe my sister

Lissa McKinney
Lissa McKinney answered on Jan 12, 2020

You can alert any mandatory reporter, who is obliged to notify DCF and/or the police. That includes doctors, nurses, teachers, daycare workers, therapists of any kind, social workers, and many more. However, if this happens they may ask your sister and depending on her age the directness may make... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I am a civilian and have an ex boyfriend (Active Marine) who is harassing me. I have ample proof and he’s threatened

My credit. I don’t want to instigate him but he’s relentless. He absolutely has mental health issues and I have proof of that too. Will he automatically get fired if I file?

Kristen Greenwood
Kristen Greenwood answered on Dec 21, 2019

There isn't a lot of background information included in your post to answer your question fully. I would recommend calling an experienced attorney to discuss your concerns in more detail.

However, if your safety is at risk, your safety takes priority over someone's career and...
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