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Massachusetts Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Massachusetts on
Q: Am I allowed to go on vacation and travel out of state while on UNSUPERVISED PROBATION in Massachusetts?

So, hi:

I was put on UNSUPERVISED PROBATION back in December of 2021 and is expected to last through June 2023. I am getting a sizeable tax return and was wondering if I can travel out of state ?

Lissa McKinney
Lissa McKinney answered on May 17, 2022

Even though you are on unsupervised probation, it is still probation and with that comes certain conditions. At the onset, you signed a contract or agreement with probation on day 1, and that included any orders by the Court and any standard terms of probation. Sometimes probation takes the liberty... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Massachusetts on
Q: Hello I'm searching for answers to questions relating to divorce, disability and what constitutes neglect or a crime

I'm disabled

Epipsy, PTSD and severe panic disorder.

After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 28, 2022

It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Massachusetts on
Q: If you please guilty to a felony crime in the state of Massachusetts can you appeal your guilty plea
Vikas Dhar
Vikas Dhar answered on Apr 15, 2022

Instead of “appeal”, I think you should reflect on the more general term of “seeking post conviction relief.”

Yes, after entering a guilty plea in Massachusetts, if you have sufficient grounds, you can attempt to go back and undo the guilty plea, which is often times done based on...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: My husband has a vop but he was charged with a crime but it was dismissed he goes to court April 18th what do you think
Lissa McKinney
Lissa McKinney answered on Apr 10, 2022

This is a very tricky issue. IF the criminal cases was dismissed because they accused the wrong person, or he has a complete alibi then it will make a difference. However, the burden of proof at a VOP is very different than it is to get a complaint, which requires probable cause. The lesser... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal to drive without your license on you?

Like you have a valid drivers license but don't have it on your person?

Lissa McKinney
Lissa McKinney answered on Apr 8, 2022

Yes- technically you are required to have your drievr's license on you. When you forget your wallet often the police will ticket or warn just for not having license in possession, which is easily cured at a clerk's hearing upon proof of the active license. However, it costs a fee to get... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can i get charged with theft by deception if person giving me money feels like im using them?
Lissa McKinney
Lissa McKinney answered on Jan 29, 2022

Well it really depends on what the shape of the "using them" looks like, and how much it smells to the police or Court issuing the process. It is almost too easy to initiate criminal process , but that does not mean it will be viable all the way to a jury trial. Here the context and any... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Workers' Compensation for Massachusetts on
Q: Former UPS Driver wrongful termination?

Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... Read more »

Michael Levin
Michael Levin answered on Dec 22, 2021

Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Criminal

I went to New Bedford District Court on August 24, 2021 and my Court appointed lawyer with Craig Fries, and I was totally blindsided by him because right before the judge called me,, my lawyer came up to me and said the da and me agreed to 6 months drug screens continued without a finding and then... Read more »

Kim Carnevale
Kim Carnevale answered on Sep 4, 2021

If Probation has issued a warrant for you, then, as you probably know, you can be arrested on that warrant at any time and possibly held on bail pending any Violation of Probation hearing.

Many lawyers offer free consultations and may help you decide what your options are and see if you...
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2 Answers | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can you assist me in sealing my record?
Joseph B. Simons
Joseph B. Simons answered on Sep 4, 2021

If the case ended with a dismissal, you can petition the court anytime. If it was a conviction, you need to wait 3 years for a misdemeanor or 7 years for a felony. I do a lot of petitions to seal, so feel free to call if you have any questions: 781-797-0555.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Do any lawyers just offer consults for a flat fee out there? TY
Joseph B. Simons
Joseph B. Simons answered on Aug 20, 2021

Yes, there are a fair amount of us who offer flat fee consultations.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: A hotel lost my property what is my legal recourses

I forgot my wallet and a wristlet at a New Hampshire hotel that I stayed at over the last weekend they first said that they had it then they said that they didn't have it then they said yes we did have it but it got stolen while in our possession, and that it may have been a employee who took... Read more »

Dakota Martin
Dakota Martin answered on Jul 24, 2021

As annoying as this is for you it's not a criminal question. I guess it could be IF they would tell you the name of the employee who took it. You could seek a criminal complaint against him or her. I think that would be a waste of time and recommend being professional and polite with... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander and Personal Injury for Massachusetts on
Q: As a survivor of Assault and Battery, is there anything I can do?

I am a victim of Assault and Battery. It occurred on the 9th of September and I am still in physical therapy with back and neck injuries. The hospital discharge summary says Assault, as well as other medical records and also the police report. I've had a harassment prevention order extended... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 24, 2021

file assault charges; contact your local DA's office and ask for the victim assistance coordinator.

1 Answer | Asked in Criminal Law and Probate for Massachusetts on
Q: What lawyer/lawyers would I need to help my partner sell his house he has inherited while he is incarcerated. Thank you

My partner is currently incarcerated, he has inherited a house from his father who recently passed, who wants to take completely ownership of the house and sell it. How does the process work and what lawyer/lawyers would I need to contact to do this. Is it best to have probate or criminal law... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2021

He needs a probate attorney to help him get the house transferred from his father's estate and into his name, and then he needs a real estate attorney (and maybe also a real estate broker) to help him sell the house.

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on
Q: I've been charged with possession of guns that were stolen in another state, then transported to Massachusetts

With no details of how the guns were transported, by whom or when and only the knowledge of their location, no evidence of physically having possession of them how an I be charged with possession?

Dakota Martin
Dakota Martin answered on May 18, 2021

Is there a warrant? Have you been arraigned? If you have a lawyer, he or she can answer that question.

If you’ve not been to court but found out about the case, you really should show up with a lawyer. Especially if you are from out of state. I know that doesn’t answer your...
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1 Answer | Asked in Criminal Law and Municipal Law for Massachusetts on
Q: is it legal to take a bus stop sign off the ground if there's already a replacement up in place?

they're the exact same sign in the same place, this one was just untouched on the ground for a few months & i like it because its a stop right down my street

Lissa McKinney
Lissa McKinney answered on Apr 4, 2021

Of course it is! You stole a sign that belonged to the city that was doing replacements. Whether it was trash or not or abandoned might be e defense if you are accused or get caught. If it was lying there for months it may have been begging to be taken but it did not belong to you and you did not... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: I asked a hair follicle drug test question prior

Recently my son and myself were assaulted by me ex. He was arrested. Found to be a danger. Zero contact with myself and son. Paternal g.parents have temp. Guardianship. She filed for an emergency hearing accusing me of drug abuse. She received this information from her son, my abuser. I feel like... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 29, 2021

Have you counsel representing you ? If not , you have a right to counsel and if you are indigent or believe you are indigent the Court will appoint counsel to represent you, but you need to file a Motion for Appointment of Counsel and you should also consider requesting random screening as the... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: how do I get a case dismissed ?

I just received a letter yesterday for driving with suspended license ( which I didn't know was suspended ) because I had not received any notification stating that my license was suspended. I was stopped the officer October 2020 he took my license and he was the one that informed me of it... Read more »

Joseph B. Simons
Joseph B. Simons answered on Mar 6, 2021

If you’re able to reinstate your license and retain an attorney before going to court, you may be able to get the case dismissed fairly quickly. It may even be possible to get the case dismissed prior to arraignment, meaning that the charge would not appear on your record.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can the police raid my home after a traffic stop and found nothing? Is it considered harassment now what they’re doing?

Unfortunately I am a drug user to put it bluntly, tonight my boyfriend and I were surrounded after meeting someone and they found nothing and we went home. Now, they have undercover posted near our house watching us. Can they legally raid us or do anything. Isn’t this harassment because we... Read more »

Ismail Mohammed
Ismail Mohammed answered on Dec 4, 2020

Hello,

They can't just raid your home. They would have to obtain a search warrant before they can do anything. In order for a judge to sign off on it, the police must submit an affidavit stating why they believe contraband will be found on your home.

I wish you well and if you...
Read more »

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.

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