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Massachusetts Constitutional Law Questions & Answers

1 Answer | Asked in Constitutional Law for Massachusetts on

Q: Am I obligated to return it or at any risk of any legal actions being taken against me?

I had given my bank account information to someone to make payments into it for my personal use. By free will, they deposited money and I made purchase with it. They later contacted me demanding the money back and threatened to report my bank account for fraud, and said they'd have me arrested if I... Read more »

Ali Shahrestani, Esq. answered on Jan 22, 2019

You describe the money as a gift. Were there conditions to which you agreed in exchange for the funds? 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 myself. You can read more about me, my... Read more »

1 Answer | Asked in Constitutional Law and Real Estate Law for Massachusetts on

Q: My husbnd died , he has his friends name on the house that we bought for more ten years ago.How do I take friends nameof

please tell me how to put my son on the house and take the friend off the mortgage.

thanks.

Zachary Alan Waksman answered on Nov 15, 2018

It depends on how your husband's friend's name is "on the house". I am assuming that there is both a deed and a mortgage on the house. There is no "one size fits all" for documents related to ownership and loans related to real property such as a house. Deeds and mortgages have different procedures... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on

Q: what is a lawfully authorized user?

Regarding storage and access to any firearms the law defines who has access as "an owner or any lawfully authorized user". How does the law define a lawfully authorized user? Is it the category of firearm license? (e.g. Class A / License to Carry / Large Capacity)

Lissa McKinney answered on Aug 17, 2018

That might depend on the kind of firearm. A lawfully authorised user will be required to have an FID ( Firearms Identification Card) card at a minimum, or a LTC ( License to Carry).

For example: Residents must have an FID in order to purchase, possess, or transport a rifle or shotgun that...
Read more »

Q: What could I sue for in this drug test instance?

So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test,... Read more »

Jonathan R. Roth answered on Dec 4, 2017

First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined law... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Massachusetts on

Q: is it legal for a police dept to file a false warrant " do a "favor" for someone

Ali Shahrestani, Esq. answered on Jul 18, 2017

No. 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 myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Massachusetts on

Q: If i have a clearly displayed sign that i am video and audio recordingmy presence, in public, is that ok?In MA, RI.?

Are there only vague laws or are there definitive laws that exist?

Ali Shahrestani, Esq. answered on Jul 2, 2017

Where are you recording this? Where is the sign? 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 myself. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Social Security for Massachusetts on

Q: I am 19 years old and I am currently going to school in Massachusetts, and I used to live in New York.

When I started school my mother disowned me and is holding my birth certificate, social security card, and my passport hostage and won't give them to me. is there anything i can do to get them back

Ali Shahrestani, Esq. answered on Jun 29, 2017

If she doesn't give them to you, you can file for new ones. It is a federal crime to withhold such documents of yours. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »

1 Answer | Asked in Animal / Dog Law and Constitutional Law for Massachusetts on

Q: The 2nd of this month I was unexpectedly hospitalized and had a dog at home. I called my mother to explain the scenario.

She had my contact information there so I could give the landlord permission to unlock the door. Someone the police became involved(which was not necessary) and today the maintenance man informs me that police were going all around my dwelling with ipads photographing every square inch. This is... Read more »

Ali Shahrestani, Esq. answered on May 17, 2017

Definitely contact a criminal defense attorney such as myself asap to discuss your risks and potential civil rights and privacy rights.

See: http://www.aeesq.com/criminal-defense-lawyer/dui-drugs-cannabis/

More details are necessary to provide a professional analysis of your issue....
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Massachusetts on

Q: To get a preliminary injunction (relief) in Federal District Court pro se what are 5 things I absolutely must get right?

The case involves civil rights, housing discrimination, a sick (heart attack) disabled veteran and his spouse (both indigent) and the Due Process clause of the 14th Amendment.

Ali Shahrestani, Esq. answered on Mar 6, 2017

See: http://www.americanbar.org/publications/insights_on_law_andsociety/14/winter-2014/understanding-injunctions.html

See: https://www.law.cornell.edu/rules/frcp/rule_65

See: http://www.flmb.uscourts.gov/judges/tampa/mcewen/Corcoran_Article_on_Preliminary_Injunction.pdf

More...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on

Q: What can I do to own a firearm?

When I was a minor I was diagnosed with bipolar disorder when my dad checked me in to a mental hospital. All the while I saw a judge in the phsyciatric hospital and they committed me stay a prolonged period of time to undergo testing that my father had wanted. I now recieve SSI on a custodial... Read more »

Ali Shahrestani, Esq. answered on Feb 1, 2017

Check with your local laws re: background checks for firearm purchases. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... Read more »

1 Answer | Asked in Constitutional Law for Massachusetts on

Q: For the Alharbi v. The Blaze, Inc. et al case, how would you describe the interpretation of the first Amendment?

Should Beck as a radio personnel identified Alharbi without any confirmations?

Ali Shahrestani, Esq. answered on Jan 18, 2017

See: http://money.cnn.com/2016/09/13/media/glenn-beck-boston-marathon-bombings-lawsuit/

Defamation is not protected by the First Amendment. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute...
Read more »

Q: I was terminated from my job is this legal and or fair

I was recorded talking about my boss and did not know ! also they said there firing me as an example! i was never ever given a verbal warning or written in the 20 yrs worked there, when all other people get warnings

Nan Evans answered on Oct 10, 2016

It certainly sounds unfair, which does not necessarily make it illegal. I would need more information about the overall situation before answering about the legality. For example, did people get warnings for talking about the boss or for other types of "misbehavior?" Did you know you were being... Read more »

Q: Can a person file a claim only against the types of discrimination enumerated in the act against discrimination?

For example the MGLs against discrimination prohibit discriminating against a person on the basis of color, national origin, religion, sexual orientation, age, gender, marital status...etc

but there are cases when the discriminatory behavior is strongly and obviously manifest yet it is... Read more »

Peter N. Munsing answered on Aug 7, 2016

Not enough information to tell. Suggest you talk to a member of the Mass Academy of Trial Lawyers who handles the area

involved (employment, education, putlic access, etc). They'll give you a free consultation.

1 Answer | Asked in Constitutional Law for Massachusetts on

Q: I need a civil rights lawyer for my case.

Robert Jason De Groot answered on Oct 20, 2015

Then find one on the internet or in the phone book, perhaps through the state bar.

1 Answer | Asked in Constitutional Law for Massachusetts on

Q: Do indigent defendants have the right to effective counsel?

Robert Jason De Groot answered on Oct 20, 2015

Yes.

1 Answer | Asked in Constitutional Law for Massachusetts on

Q: Can I sue my letter carrier for not delivering my mail

Robert Jason De Groot answered on Oct 18, 2015

No facts, no suit. All suits basically have to have sufficient facts, and you gave none, just a question.

1 Answer | Asked in Constitutional Law for Massachusetts on

Q: How is purenudism.com legal?

Robert Jason De Groot answered on Oct 14, 2015

Through the first amendment? Very broad question here that would require a lot of research.

1 Answer | Asked in Constitutional Law for Massachusetts on

Q: Can President of the US have and run his/her own business during his/her term in Office?

Robert Jason De Groot answered on Sep 3, 2015

What are the basic facts here that cause you to ask the question?

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