Massachusetts Questions & Answers by Practice Area
- Bankruptcy
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- Divorce
- DUI / DWI
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- Foreclosure
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- Constitutional Law
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- Employment Discrimination
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- Entertainment / Sports
- Environmental
- Federal Crimes
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- Gov & Administrative Law
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- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
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- Military Law
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- Uncategorized
- White Collar Crime
- Wrongful Death
Massachusetts Questions & Answers
Q: I am looking for someone to look over legal documents obtained online to acquire a divorce. Where do I go?
Lillian J. LaRosa's answer
They should try to meet individually with 2 different attorneys in Bristol County due to a potential conflict of interest between them which can exist whether they think so or not.
They should try to meet individually with 2 different attorneys in Bristol County due to a potential conflict of interest between them which can exist whether they think so or not.
Q: If you are charged in discrit court with a Breaking and entering
Lissa McKinney's answer
This certainly doesnt sound usual, but the discrepancy is between your understanding and what is recorded in the court documents. It is possible that a pleas to the lesser charges of B & E was offered and asentence agreed upon, and the day the day the plea would go before the Court the case was indicted. While it seems unfair, if the plea was not already entered then it can be done. If the plea was complete then one question for his lawyer might be whether double jeopardy precludes charges that...
This certainly doesnt sound usual, but the discrepancy is between your understanding and what is recorded in the court documents. It is possible that a pleas to the lesser charges of B & E was offered and asentence agreed upon, and the day the day the plea would go before the Court the case was indicted. While it seems unfair, if the plea was not already entered then it can be done. If the plea was complete then one question for his lawyer might be whether double jeopardy precludes charges that...
Q: What do I do if I got a fix it ticket on a rental?
Daniel P Leavitt's answer
You will want to contact an attorney in MA who can advise you as to whether or not they can help once you explain to them the details of your case.
You will want to contact an attorney in MA who can advise you as to whether or not they can help once you explain to them the details of your case.
Q: Will having a DUI on his record prevent my son from getting into colleges? What can we do to expunge it?
Daniel P Leavitt's answer
Every organization is going to have different rules on what they consider and colleges are no different. You will want to contact a good MA attorney who can advise you as to the potential expungement proceedings.
Every organization is going to have different rules on what they consider and colleges are no different. You will want to contact a good MA attorney who can advise you as to the potential expungement proceedings.
Q: I was in an auto accident while delivering some equipment, I get paid mileage, am I covered under workers comp?
Michael O. Smith's answer
Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you should be entitled to workers compensation benefits.
I encourage you to speak with an experienced WC attorney. These claims are very fact driven and you will need to explain the details your...
Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you should be entitled to workers compensation benefits.
I encourage you to speak with an experienced WC attorney. These claims are very fact driven and you will need to explain the details your...
Q: Which is State for rescinding a license to occupy a suite
1 Answer
| Asked
in
Business Law, Civil Litigation and Contracts
for
Massachusetts
on
Answered on Oct 13, 2018
Answered on Oct 13, 2018
Michael Hales' answer
It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here: https://skidmorehales.com/article
Let me know if you have any questions.
It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here: https://skidmorehales.com/article
Let me know if you have any questions.
Q: I was in an online relationship with a woman in Boston who turned out to be underage.
Lissa McKinney's answer
No- you can report her as underage to the host of the online dating place though, and count yourself lucky you didnt send any photos or receive any or try to hook up.Often police pose as young adults trying to catch pedophiles and people looking for nude photos. Walk away- after reporting her proper age to the dating website or owner of the website etc.
No- you can report her as underage to the host of the online dating place though, and count yourself lucky you didnt send any photos or receive any or try to hook up.Often police pose as young adults trying to catch pedophiles and people looking for nude photos. Walk away- after reporting her proper age to the dating website or owner of the website etc.
Q: My husband has a trust fund that will vest next year, and now he wants a divorce after 9 years of marriage.
Lillian J. LaRosa's answer
Do you mean he will receive distribution of his beneficial share free of the trust? If so this would be considered in equitable distribution. If it is income he will be receiving from the trust or principal distributions will commence that you are referring to, then the issue is also whether child support or potentially alimony in its various incarnations is involved.
Do you mean he will receive distribution of his beneficial share free of the trust? If so this would be considered in equitable distribution. If it is income he will be receiving from the trust or principal distributions will commence that you are referring to, then the issue is also whether child support or potentially alimony in its various incarnations is involved.
Q: can i apply for citizenship after a shoplifting conviction
Peter Munsing's answer
You can but you might pull the record, see what sections you were actually under, as that may not be an issue. More to the point depending on when it was you may be able to have it expunged. Finally, depending on what section you are applying for citizenship under may or may not matter.
You can but you might pull the record, see what sections you were actually under, as that may not be an issue. More to the point depending on when it was you may be able to have it expunged. Finally, depending on what section you are applying for citizenship under may or may not matter.
Q: Does a previous mistake on a DS-160 for a non immigrant visa (B1/B2) affect my wife's chances to get a CR1 visa?
Peter Munsing's answer
Fiancee is not an official status under the law so I do not see that as an issue. You may want to review the previous submissions to note any inaccuracies, then consult with a member of AILA who can tell you if any inaccuracies are a problem.
When I say inaccuracy I mean 1)inaccurate at the time made, not because of something later and 2) that weren't merely an oversight or misunderstanding--you are laypeople and aren't expected to be lawyers (though the system may give you that...
Fiancee is not an official status under the law so I do not see that as an issue. You may want to review the previous submissions to note any inaccuracies, then consult with a member of AILA who can tell you if any inaccuracies are a problem.
When I say inaccuracy I mean 1)inaccurate at the time made, not because of something later and 2) that weren't merely an oversight or misunderstanding--you are laypeople and aren't expected to be lawyers (though the system may give you that...
Q: In Mass b&e into motor vechicle is punishible for how long
Lissa McKinney's answer
Under GL ch. 266 Sec 16. it is either a 20 year max for a felony, or 6 mos max for a misdemeanor (16A)
"Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or destroys a safe, vault or other depository of money, bonds or other valuables in any building, vehicle or place, with intent to commit a larceny or felony, whether he succeeds or fails in the...
Under GL ch. 266 Sec 16. it is either a 20 year max for a felony, or 6 mos max for a misdemeanor (16A)
"Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or destroys a safe, vault or other depository of money, bonds or other valuables in any building, vehicle or place, with intent to commit a larceny or felony, whether he succeeds or fails in the...
Q: I had a car and sold it to a friend of a friend. However, I did not destroy the plates so this person was driving the
Peter Munsing's answer
As long as your friend agrees they had purchased the car, your car was not a registered but uninsured motor vehicle.
It's not clear who "the insurance" is--your friends? Yours? Another person or the Commonwealth's?
Start by asking them in writing to state the basis for their claim. Don't talk to them at this time. You can say something that isn't helpful.
Did you sign the title over? Hopefully you made a copy. That shows you divested ownership.
As long as your friend agrees they had purchased the car, your car was not a registered but uninsured motor vehicle.
It's not clear who "the insurance" is--your friends? Yours? Another person or the Commonwealth's?
Start by asking them in writing to state the basis for their claim. Don't talk to them at this time. You can say something that isn't helpful.
Did you sign the title over? Hopefully you made a copy. That shows you divested ownership.
Q: Hi I recently published my divorce I went to family court and showed them the tear sheet. What happens next
Anthony C. Adamopoulos' answer
After several months you will receive a Pre-Trial Notice. Follow the instructions to a T.
After several months you will receive a Pre-Trial Notice. Follow the instructions to a T.
Q: Can I get an artist visa when I've worked at a temp agency?
1 Answer
| Asked
in
Immigration Law and Entertainment / Sports
for
Massachusetts
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Hector E. Quiroga's answer
It depends what type of visa you have right now and what you are permitted to do in terms of work. If it’s under the OPT program, part time work at a temp agency shouldn’t impact your ability to get an O1 visa.
It depends what type of visa you have right now and what you are permitted to do in terms of work. If it’s under the OPT program, part time work at a temp agency shouldn’t impact your ability to get an O1 visa.
Q: Question regarding my cos h4 to f1
Hector E. Quiroga's answer
You must wait until the change is approved, and it can’t be approved more than 30 days before the program start date. If you are out of status now, that is if your H4 status is no longer valid, you may have to file for an extension of status to fill the gap so you are no longer out of status. You may want to speak with an immigration attorney. Changing from another nonimmigrant to student is especially complex.
You must wait until the change is approved, and it can’t be approved more than 30 days before the program start date. If you are out of status now, that is if your H4 status is no longer valid, you may have to file for an extension of status to fill the gap so you are no longer out of status. You may want to speak with an immigration attorney. Changing from another nonimmigrant to student is especially complex.
Q: I was approved for a trial modification for my mortgage. I was forced to file Chapter 13 to avoid forcloseure.
Stuart Nachbar's answer
Yes you need to keep paying the chapter 13 trustee to remain the bankruptcy.
Yes you need to keep paying the chapter 13 trustee to remain the bankruptcy.
Q: Can we file a claim even if the other person was not found directly at fault?
James A. Swartz's answer
I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged wrongful death. There may be more than one legal cause of such an incident, however the particular facts would need to be known in order to assess potential claims.
I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged wrongful death. There may be more than one legal cause of such an incident, however the particular facts would need to be known in order to assess potential claims.
Q: Can a significant other file charges against the other for snooping on his phone or computer without permission?
Lissa McKinney's answer
Maybe- it all depends on a number of factors. For example, if the item was shared, probably not. If you used her biographical data to access, or hacked by guessing a password, possibly. There are a number of different laws that guard privacy, prohibit use of biographical data, or encompass stalking. Your facts dont neatly fit into any one crime or offense in particular without more information. If you put any tracking info on the devices it might be seen as stalking. If you picked up her...
Maybe- it all depends on a number of factors. For example, if the item was shared, probably not. If you used her biographical data to access, or hacked by guessing a password, possibly. There are a number of different laws that guard privacy, prohibit use of biographical data, or encompass stalking. Your facts dont neatly fit into any one crime or offense in particular without more information. If you put any tracking info on the devices it might be seen as stalking. If you picked up her...
Q: My ex has full custody of my son if she is deemed unfit who gets custody of my son?
Lillian J. LaRosa's answer
If you are not unfit then you would be the first choice unless your existence as the father is unknown.
If you are not unfit then you would be the first choice unless your existence as the father is unknown.
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