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Massachusetts Appeals / Appellate Law Questions & Answers
Q: During a non investigatory inventory search, post arrest, officers seized the keys to my vehicle without consent.

There was no exigent circumstances or probable cause and this "inventory search" turned investigatory when they decided to use the keys that bore no relationship to which the crime I was being arrested for to unlock a locked glove box, violating policy, because the keys were not available... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it appears that you have raised valid concerns about the legality of the search and seizure conducted by law enforcement officers. The key issue is whether the inventory search conducted post-arrest exceeded its lawful scope and became investigatory in nature.

Inventory...
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1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts on
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

T. Augustus Claus
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answered on Sep 21, 2023

In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able... View More

1 Answer | Asked in Appeals / Appellate Law and Probate for Massachusetts on
Q: Can an interested party challenge a receiver's decision and court order regarding distribution of a charity's assets?

Charity went into receivership due to no surviving board members. A few charities expressed interest in the assets. Receiver's decision was to disburse the assets to these interested charities unequally. (Some received more and others less). One of these charities feels the receiver made... View More

Christopher Tolley
Christopher Tolley
answered on Mar 15, 2024

Without reviewing the applicable law or having access to any of the facts of this matter, I would say yes but unfortunately this not a simple question suited to an informal online forum such as this one. You should consult a lawyer on this. Perhaps the charity already has representation. Good luck.

1 Answer | Asked in Appeals / Appellate Law for Massachusetts on
Q: what are some important recent cases concerning appeals? (for a homework assignment)
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Massachusetts attorney could advise best, but your question remains open for a week. If you go through Supreme Court decisions, you'll find more than you need. The Supreme Court has as blog - that might help get you started in the right direction. Good luck

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
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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 Appeals / Appellate Law, Civil Litigation and Traffic Tickets for Massachusetts on
Q: I got my very first ticket and the officer told me to appeal it. Should I bother doing it or just pay it?

I wanted dismissed if possible, but i'm not sure if it's worth it. I was at fault so what would i say in court? I was driving and passed a red light that changed just before i past it. is the officer telling me that he's not going to appear in court? i've had my license only for... View More

Lissa McKinney
Lissa McKinney
answered on Aug 25, 2020

APPEAL THE TICKET!! There are a number of very important reassons to take the appeal. First, you are under the age of 25 and in the age bracket where there can be larger SDIP points assessed or possible surcharges on a policy. Second, if you have 3 speeding tickets or 5 overall moving violations... View More

1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Massachusetts on
Q: Being Sued and Need To Respond to Get Suit Thrown Out or Delayed

This is messy I know, but I'm appreciative of the help. I'm representing myself pro se in a divorce trial. Not my choice. My previous law firm did not file an appearance, they were "consulting", they did a lot of damage on rules of evidence. I didn't pay them. They are... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 13, 2020

Your question is very confusing. Are you seeking to file a legal malpractice claim? If so, that is an area of specialization and you can inquire using this forum. If you are seeking pro bono legal assistance, also, then there are some resources which may be available to you . You need to tailor... View More

Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 6, 2020

This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing... View More

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1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Massachusetts on
Q: My job was threatened an I was forced to sign paperwork saying I'd look for no comp for my part in this invention. ..
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 19, 2019

No one here on Justia can help you unless you tell us all the relevant facts about your situation.

Q: legal compensation for wrong defendant ?

BK case no: 11-43424-CJP, BAP No: MW19-016

Timothy Denison
Timothy Denison
answered on Mar 8, 2019

What is your question?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Libel & Slander for Massachusetts on
Q: Nolle Prosequi

The prosecutor filed a Nolle Prosequi in a case i was the defendant in. Can I file a civil lawsuit against the plaintiff for filing a false report against me? I live in Massachusetts, thank you

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

What is the basis for the prosecutor's decision to withdraw the complaint against you? Were you defamed or otherwise wrongfully prosecuted? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as... View More

Q: Can an attorney represent me to clear a bench warrant?

Hi there!

I was a student in MA back in 2015/2016. I was stopped by police and my insurance had lapsed. I thought I would receive a ticket but due to unforeseen circumstances I had to quickly move back home (to Florida where I currently reside). I changed my address and what not but I... View More

Joseph B. Simons
Joseph B. Simons
answered on Jan 26, 2018

It may be possible to avoid a trip to Massachusetts if you hire a criminal defense attorney here. No guarantee that the judge will agree to waive your appearance, but I have been able to do it successfully for several out-of-state clients.

1 Answer | Asked in Appeals / Appellate Law for Massachusetts on
Q: how many times can someone appeal a court decission

if we win probate can someone appeal and how many times can they

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

It depends on a lot of factors, you only wrote a few words, and that is not enough information for a complete answer.

1 Answer | Asked in Appeals / Appellate Law for Massachusetts on
Q: After the MCAD dismissed my case , can I go to the federal court ? Which level of federal court should I go

I filed a discrimination and retaliation complaint with MCAD in 2012. I have enough evidence and 3 witnesses. But MCD twisted the facts and dismissed my case because my employer offered some interest to MCAD.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

You need a local attorney for this.

1 Answer | Asked in Appeals / Appellate Law for Massachusetts on
Q: I would like to appeal a district court judgment. What should I do?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

You must file a Notice of Appeal with the clerk of the state district court no more than 30 days after the entry (filing) of the judgment against you. I cannot urge you too strongly to consult an experienced appeals attorney about this.

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