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Massachusetts Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Massachusetts on

Q: Hello and thank you! Can you explain what happens when a case is moved from district court to the superior court?

Does the case start over in the legal process or does it begin where it left off in district court?

My daughter in law was arrested for intent to distribute heroin and fentanyl. The case was moved to superior court. She’s out on bail. I’m curious if the legal proceeding start all over.

Joseph B. Simons answered on Jun 24, 2019

The short answer is that the case starts over again in Superior Court. Many of the procedures are the same, but not all. And the stakes are much higher. Hopefully your daughter has an attorney experienced with Superior Court cases.

1 Answer | Asked in Criminal Law for Massachusetts on

Q: My fiance is being charged with murder I have a paper of how much the house is worth I need a lawyer who will fight for

Lissa McKinney answered on May 18, 2019

You could call 100 lawyers about this and they will all tell you they will fight for you! Finding a solid defense lawyer takes more time than a post- you want to look at more than a webiste too. Look at their years of experience, training, and reviews if they have them. I know some excellent... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Massachusetts on

Q: Is This a case of fraud and Grand Larceny?

The tow and storage fees services at Lynch (Manoli's) Towing are unfair after my vehicle was towed there after a car accident when my steering-wheel locked on April 26, 2017 ! I contacted an employee at Lynch Towing about the prices for tow storage and I was told inaccurate prices on two occasions... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Neither. This is a contractual issue. Based on your facts as stated, you have known that your car was towed and secured behind locked gates since April 26, 2017--the date of the accident. Right?

You have also known since May 5, 2017 that the towing company charged a $455 towing fee, and...
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1 Answer | Asked in Criminal Law for Massachusetts on

Q: A no contact/stay away Order has been placed on me but I meet my sons father for drop off/pick ups. What should I do?

Alexander Conley answered on Apr 16, 2019

I am assuming that either you were ordered to have no contact and stay away from your son’s father as a condition of your release related to an open criminal case, or there is a restraining order in place. If it is a condition of release, violating could lead to being placed into custody while... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on

Q: How deep do dv defense lawyers look into witnesses, current employment, detailed background, credit checks?

How far into the witness do you look and do you share any details from those three with your clients?

Such as

places of work

Credit history or report

Detailed background information like previous addresses or anything like that

Dakota Martin answered on Apr 4, 2019

DV as in domestic violence? It really depends on how serious the case is. In many cases, the search is simply asking the court to run a witness's record. No record, no further search. If the accused knows areas that should be investigated, defense attorneys have a duty to investigate... or have... Read more »

1 Answer | Asked in Child Custody and Criminal Law for Massachusetts on

Q: If my child’s mother took him to pa and never told me and I haven’t seen my child in over 2years , how can I go bout it?

I don’t what town or what part of pa she is in

Lissa McKinney answered on Mar 26, 2019

This is tricky because you waited on all your rights to address it. IF you had taken action she could have been prevented from taking the child out of state. Have you been adjudicated the Father via a signed birth certificate or a paternity action? If not you will have to proceed in the Court with... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: If someone confesses to drug possession years later but within the statute of limitations, would the case be prosecuted?

Assume that the individual had not used drugs since the time in question.

Lissa McKinney answered on Mar 21, 2019

This entirely depends on context. Possession of what drug? what quantity of it? why are they confessing now? who are they confessing to? the police or a parent or what? You haven't really identified enough information to fairly assess it for you.

1 Answer | Asked in Criminal Law for Massachusetts on

Q: My mom called my job and quoted a bible verse. Someone lied&said she said "die by fire. Is that a true threat?

Dakota Martin answered on Mar 19, 2019

It sounds like you have your answer, at least initially. The judge said there’s enough there to go forward with the case. That doesn’t mean the DA can prove their case, though this does not appear to be a case that is bound for, or should go to trial. This is a matter that might beat be... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: I was given a sentence of 2 years one to serve with 3 years probation. If I go back and finish the jail time does

Probation automatically go away? I violated by blowing a.10 into my scram device. Not a new case, not a crime.

Dakota Martin answered on Mar 17, 2019

Don’t just roll over. Probation officers can be reasonable. Rarely but they can. You don’t want to do another year. Find a lawyer. Line up programs options reasons for why this happened and get reprobated. Particularly if this is your first violation

1 Answer | Asked in Criminal Law for Massachusetts on

Q: Can you remove a no contact order and no abuse order that was given by a judge while going through a criminal case?

I am the victim in the domestic violence case, but I do not wish to have the no contact order. We live in separate states and have a very sick child, who just had surgery and will be have another. Surgery soon.

Ali Shahrestani, Esq. answered on Jan 24, 2019

You may choose to contact the DA's office to inform them of your preferences, and if you so decide, you would be wise to communicate this through your own attorney for your own protection. The DA decides whether to pursue criminal charges, and they may decide to subpoena you to testify against your... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Massachusetts on

Q: AN OLD FRIEND OF MINE STOLE MY DEBIT CARD AND WHEN I CONFRONTED HER SHE WONT GIVE IT BACK

IF I CALL THE POLICE WILL THEY BE ABLE TO GET IT FROM HER AND WILL SHE BE ARRESTED?

Ali Shahrestani, Esq. answered on Jan 24, 2019

Nobody can predict what the police will do. If she stole your property, you can report this theft to the police. You would be wise to consider reporting this to your bank to protect your assets. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: got caught with inositol and charged with class b narcotic possesion tested it and said was fake waiting on summons

Ali Shahrestani, Esq. answered on Jan 9, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: Is it worthwhile to pursue a criminal complaint after a lawyer or plaintiff lies under oath

Lissa McKinney answered on Dec 2, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: I would like to know how I can get Google to remove this case from the site this case is

closed and I have achieved many things in my life and this case is not me please help me with this

Dakota Martin answered on Nov 28, 2018

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

2 Answers | Asked in Criminal Law for Massachusetts on

Q: Does everyone get a shot at bail if they are arrested?

Lissa McKinney answered on Nov 23, 2018

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... Read more »

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

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 answered on Nov 2, 2018

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...
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1 Answer | Asked in Gov & Administrative Law, Traffic Tickets and Criminal Law for Massachusetts on

Q: My license was resonantly suspended due to an EZ pass bill.

I had been unaware of the suspension till I was pulled over a few weeks ago. i was not arrested, the officer allowed me to call a friend to come get me. after so research i was able to find out why it was suspended and paid the bill. After doing so i was told that everything should be all set.... Read more »

Melvin Alanson Heard answered on Nov 2, 2018

I am sorry that your received a summons to appear in court for the criminal charge of operating with a suspended license. Heard Law Office is happy to advise you free of charge. Contact us directly at 617-631-3237 or melvin@heardlawoffice.com.

In Massachusetts, under MGL c. 90 s. 23,...
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2 Answers | Asked in Criminal Law for Massachusetts on

Q: Looking for advise on 8 counts of distribution 1st time offense. Am looking for an attorney south shore area.

Stephen Neyman Esq. answered on Oct 30, 2018

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.

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1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on

Q: Can a victim be forced to testify

Lissa McKinney answered on Oct 30, 2018

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... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on

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 answered on Oct 23, 2018

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...
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