Massachusetts Criminal Law Questions & Answers
Q: got caught with inositol and charged with class b narcotic possesion tested it and said was fake waiting on summons
Ali Shahrestani, Esq.'s answer
If drug tests conducted by the police department and its labs show that a person was not in possession of any illegal drugs, then that would typically not result in a related drug possession charge. If a related charge is brought, then such negative lab results would make for good evidence. 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,...
If drug tests conducted by the police department and its labs show that a person was not in possession of any illegal drugs, then that would typically not result in a related drug possession charge. If a related charge is brought, then such negative lab results would make for good evidence. 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,...
Q: Is it worthwhile to pursue a criminal complaint after a lawyer or plaintiff lies under oath
Lissa McKinney's answer
Probably not. When you say 'worthwhile' do you mean in a financial sense? Then no. Unless the lie impacted you in a manner where you can prove some measure of damages or harm to yourself. While it is a thin standard at the clerk's hearing, it is still 'probable cause'. If it is your word against their word, that is not likely to be enough. IF there is no misunderstanding, and it is a lie that you have any independent information or documentation that is better proof. This could be a tape...
Probably not. When you say 'worthwhile' do you mean in a financial sense? Then no. Unless the lie impacted you in a manner where you can prove some measure of damages or harm to yourself. While it is a thin standard at the clerk's hearing, it is still 'probable cause'. If it is your word against their word, that is not likely to be enough. IF there is no misunderstanding, and it is a lie that you have any independent information or documentation that is better proof. This could be a tape...
Q: I would like to know how I can get Google to remove this case from the site this case is
Dakota Martin's answer
I don't understand. Is there a link or a place your name is mentioned for something you don't want to be associated with? If you can direct us to the web page we may be able to help
I don't understand. Is there a link or a place your name is mentioned for something you don't want to be associated with? If you can direct us to the web page we may be able to help
Q: Does everyone get a shot at bail if they are arrested?
Lissa McKinney's answer
Absolutely! Everyone gets a shot at bail. However, whether you can get bailed out of a police station vs a Court is a different inquiry. Bail at police stations is set by a clerk magistrate that look sat the offense, your record and pretty much nothing else. No one is there presenting information on your behalf to the magistrate. If you are held at the police station and brought to Court a Judge will set bail and you will have a lawyer or one appointed to you to bring information to the...
Absolutely! Everyone gets a shot at bail. However, whether you can get bailed out of a police station vs a Court is a different inquiry. Bail at police stations is set by a clerk magistrate that look sat the offense, your record and pretty much nothing else. No one is there presenting information on your behalf to the magistrate. If you are held at the police station and brought to Court a Judge will set bail and you will have a lawyer or one appointed to you to bring information to the...
Q: Shoplifting conviction over 15 years ago. how do i get it expunged. I live in MA. Can I also apply for citizenship?
Melvin Alanson Heard's answer
As a former Assistant District Attorney in Dorchester District Court,I am very familiar with the ins and outs of convictions. My criminal defense firm, Heard Law Office, is happy to advise you on sealing your conviction and assist with the immigration issues as well.
We are available 24/7 including weekends.
Contact us directly at 617-631-3237 or melvin@heardlawoffice.com.
As a former Assistant District Attorney in Dorchester District Court,I am very familiar with the ins and outs of convictions. My criminal defense firm, Heard Law Office, is happy to advise you on sealing your conviction and assist with the immigration issues as well.
We are available 24/7 including weekends.
Contact us directly at 617-631-3237 or melvin@heardlawoffice.com.
Q: Looking for advise on 8 counts of distribution 1st time offense. Am looking for an attorney south shore area.
Stephen Neyman Esq.'s answer
We do a lot of work in that area. What court are you in. Also, you can contact me privately by email or call my office.
We do a lot of work in that area. What court are you in. Also, you can contact me privately by email or call my office.
Q: Can a victim be forced to testify
1 Answer
| Asked
in
Criminal Law and Domestic Violence
for
Massachusetts
on
Answered on Oct 30, 2018
Answered on Oct 30, 2018
Lissa McKinney's answer
In some situations a victim can be forcecd to testify. You may assert your right not to testify if you have a 5th Amendment Right not to incriminate yourself as to any crime, including perjury in the charges, drug abuse etc. If you are married to the alleged abuser, you can assert marital privelege or spousal disqualification to preclude testimony. However, if you simply had a change of heart that will not fly -and you may be compelled to testify if you are properly summonsed to Court and...
In some situations a victim can be forcecd to testify. You may assert your right not to testify if you have a 5th Amendment Right not to incriminate yourself as to any crime, including perjury in the charges, drug abuse etc. If you are married to the alleged abuser, you can assert marital privelege or spousal disqualification to preclude testimony. However, if you simply had a change of heart that will not fly -and you may be compelled to testify if you are properly summonsed to Court and...
Q: I’m 17 and my gf is 14. She’s gonna be 15 in feb and I’m gonna be 18 in feb also. Would I get in trouble for dating her.
Lissa McKinney's answer
This is about more than 'trouble'. You are asking the question which is smart, but you probably already know the answer you are getting. You can get into all kinds of trouble you can't even imagine.
It is legal to 'date' so long as her parents are all on board about the 3 year age difference. If they are not, walk away because it will be a big problem if/when they get wind of it. The decision to date her is all about the risks you are willing to take and whether the consequences are...
This is about more than 'trouble'. You are asking the question which is smart, but you probably already know the answer you are getting. You can get into all kinds of trouble you can't even imagine.
It is legal to 'date' so long as her parents are all on board about the 3 year age difference. If they are not, walk away because it will be a big problem if/when they get wind of it. The decision to date her is all about the risks you are willing to take and whether the consequences are...
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: 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: 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: 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 boyfriend was arrested for Domestic assault and battery. He did not touch me. Will the case get dismissed.
1 Answer
| Asked
in
Criminal Law and Domestic Violence
for
Massachusetts
on
Answered on Sep 13, 2018
Answered on Sep 13, 2018
Lissa McKinney's answer
Whether the case gets dismissed or not largely depends on the evidence, not just on whether you testify or not. There are many factors such as if/who made the 911 call. The 911 call may be admissible under certain circumstances, based on case law. Did the police enter the home and take pictures of any disarray or broken items? Did they take pictures of any bruises, cuts etc? Were there any other witnesses? Did you tell the police originally that you were harmed? If so and you were not you...
Whether the case gets dismissed or not largely depends on the evidence, not just on whether you testify or not. There are many factors such as if/who made the 911 call. The 911 call may be admissible under certain circumstances, based on case law. Did the police enter the home and take pictures of any disarray or broken items? Did they take pictures of any bruises, cuts etc? Were there any other witnesses? Did you tell the police originally that you were harmed? If so and you were not you...
Q: Hello, I have a question about criminal harassment. Is this a case your office would handle probono or at low cost?
Lissa McKinney's answer
I would be able to handle your matter lower cost most likely. However, my coaching may also be affordable if you are able to speak in court on your own. The harassment protection orders require you to have three separate events in order to obtain. Those events would need to be discussed to determine your eligibility to obtain the order. Thank you
I would be able to handle your matter lower cost most likely. However, my coaching may also be affordable if you are able to speak in court on your own. The harassment protection orders require you to have three separate events in order to obtain. Those events would need to be discussed to determine your eligibility to obtain the order. Thank you
Q: what is a lawfully authorized user?
1 Answer
| Asked
in
Criminal Law and Constitutional Law
for
Massachusetts
on
Answered on Aug 17, 2018
Answered on Aug 17, 2018
Lissa McKinney's answer
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 is not a large-capacity gun; to purchase or possess ammunition or component parts of ammunition; and to purchase or possess defense sprays for anyone age 15-17, a license is not required for 18+ re:...
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 is not a large-capacity gun; to purchase or possess ammunition or component parts of ammunition; and to purchase or possess defense sprays for anyone age 15-17, a license is not required for 18+ re:...
Q: If my friend gets caught using my fake ID with my picture and real first qnd last name, can i get in trouble
Lissa McKinney's answer
Yes- if the fake ID purports to be any kind of a MA drivers license or MA ID then there is a charge of 'counterfeiting a registry document' or some -such that is actually a 10-year felony. DOn't panic, it is usually managed with a small fine. That statute also carries a license loss if convicted/found Guilty of the accusation on it. So, if you see anything related to this or from a Court in the mail, don't sit onit.
If the fake ID is from some other state, or just a made-up fake you...
Yes- if the fake ID purports to be any kind of a MA drivers license or MA ID then there is a charge of 'counterfeiting a registry document' or some -such that is actually a 10-year felony. DOn't panic, it is usually managed with a small fine. That statute also carries a license loss if convicted/found Guilty of the accusation on it. So, if you see anything related to this or from a Court in the mail, don't sit onit.
If the fake ID is from some other state, or just a made-up fake you...
Q: What can happen when you don’t pay your probation fee?
Lissa McKinney's answer
You need to get back in contact with probation as soon as possible. You may be in violation for loss of contact, but if they havent contacted you at all that is a factor. However, it is your duty to report in if they have told you to do so. Get in to them before they issue a Violation notice to you.
You can ask to perform monthly community service in lieu of the probation supervision fee, and a judge can grant that to you. Often they put that on the docket of the case so you know you...
You need to get back in contact with probation as soon as possible. You may be in violation for loss of contact, but if they havent contacted you at all that is a factor. However, it is your duty to report in if they have told you to do so. Get in to them before they issue a Violation notice to you.
You can ask to perform monthly community service in lieu of the probation supervision fee, and a judge can grant that to you. Often they put that on the docket of the case so you know you...
Q: Can a court mandate anger management if a person has not gone through probation or had explicit orders from said court.
Dakota Martin's answer
Is there another magistrate hearing or date to go back?
I would politely contact the court (in person), and simply inquire about the anger management. They may just clear up the issue and solve your problem. Or they may tell you that the magistrate put notes in the file that your boyfriend has to complete some program. If that's the case DO IT.
The classes are easy and if the result is no criminal case, no criminal record, case dismissed. . . it's a win win.
Is there another magistrate hearing or date to go back?
I would politely contact the court (in person), and simply inquire about the anger management. They may just clear up the issue and solve your problem. Or they may tell you that the magistrate put notes in the file that your boyfriend has to complete some program. If that's the case DO IT.
The classes are easy and if the result is no criminal case, no criminal record, case dismissed. . . it's a win win.
Q: Shoplifting. Kmart. First offense. Less than $20. How to proceed? Terrified Independant Grad student
Dakota Martin's answer
Never heard of this “shakedown”
Didn’t even know KMart was still in business.
Call a lawyer. Don’t communicate with CAP as they will likely use it to prosecute you after the fact. *i am not clear on this but I’ve seen abuse of the system through companies who claim to be lawyers demanding payment on “stolen” merchandise which was completely recovered , on cases that were dismissed.
You don’t need Johnny Cochran , but a criminal lawyer will suffice....
Never heard of this “shakedown”
Didn’t even know KMart was still in business.
Call a lawyer. Don’t communicate with CAP as they will likely use it to prosecute you after the fact. *i am not clear on this but I’ve seen abuse of the system through companies who claim to be lawyers demanding payment on “stolen” merchandise which was completely recovered , on cases that were dismissed.
You don’t need Johnny Cochran , but a criminal lawyer will suffice....
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