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Massachusetts Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Will my sons father do jail time for a second time for a second offense against me in Massachusetts?
Lissa McKinney
Lissa McKinney answered on Feb 15, 2020

Your question just cannot be answered as it has too little factual information. Was he on probation for the 1st when the 2d happened? are you on board with the prosecution or not planning to testify? Are there photos/medical/hospital reports? Generally the more serious any injury impacts the case... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I am a college student and was caught using a fake ID this past weekend to go to the bar.

I was told I would be summoned to court. I am also in the process of trying to get a job and was wondering if this would be shown on a background check before I actually get summoned, after I get a letter to be summoned, or until I actually attend my court date. I was also wondering what the... Read more »

Lissa McKinney
Lissa McKinney answered on Feb 13, 2020

This will not show up on a backround check until you are arraigned and the formal criminal process started. However, this can be a serious crime that many students don't realize until something like this happens. Under Mass. General Laws c.90 § 24B It is a '5 year felony' which simply put means it... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: so i work for loss pervention and i filed a police report on a shoplifter which is going to court

i got the name of the subject from other workers that claim they dealt with them in the pass the detective thinks they look similar comparing the photo i gave and the one already on file with the police when this goes to court what happens if it isn’t the same person? will i go to jail? for... Read more »

William Barabino
William Barabino answered on Feb 10, 2020

Dear Questioner,

Thank you for your question.

Based on what you have mentioned it seems like your concern is that you may have misidentified the potential shoplifter. Misidentification is a process in which someone in good faith believes that they have identified the right...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can a police department ask me to take a polygraph without my consent with atleast a valid accusation or any other reaso
William Barabino
William Barabino answered on Feb 10, 2020

Dear Questioner,

Thank you for your question.

Anytime the police ask you a question you are not under any obligation to answer it. This includes during a 'polygraph' or lie detector test. However, police can always ask you a question if you are not in custody. They can certainly...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for Massachusetts on
Q: Lots of resources for physical abuse, but what options do I have for psychological / legal abuse, slander & harassment?

Physical abuse victims have many resources, but what about those being harassed, slandered, stalked & tormented by a malicious sociopath? Sociopaths strategically execute their schemes covertly, staying “under the radar” which keeps them just inside the law so they avoid exposure & criminal... Read more »

William Barabino
William Barabino answered on Feb 7, 2020

Dear Questioner,

Thank you for your question.

Without knowing more specifics about your situation, I cannot give you direct legal guidance, but I would say that one option that may be available to you in Massachusetts is obtaining a Chapter 258A or Harassment Prevention order....
Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: A new const. apt. has been pushed back 7x's totalling 6+months. We have no more timeshare points and are nearly homeless

Multiple leases signed over the course of this fiasco. Is there any way to sue for reimbursement for timeshare being exhausted, multiple hotel and resort stays plus the mental pain and suffering from all of this?

Michael Hales
Michael Hales answered on Jan 30, 2020

I would need more information to give an answer. I've worked with most timeshare companies, but I'm not entirely sure what happened. It's possible there's a breach of contract claim, but that would largely depend on the agreement and additional facts I don't have. Feel free to reach out if you'd... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Owe a Limo Bill owner says if not paid today he will go to the police? Isnt this a civil matter?
Lissa McKinney
Lissa McKinney answered on Jan 21, 2020

It is both technically speaking. The larceny statute covers many kinds of thefy, including larceny by fraud, trick, deceit etc. If this is a straightforward failure to pay the police might treat it as civil and defer it. The limo owner can still try to obtain a criminal compliant, but you would... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I suspect that my sister is being molested by her stepfather, she has told me that he tries to touch her private areas

How can I report the guy cause I fear for my sister's safety and my mom won't believe my sister

Lissa McKinney
Lissa McKinney answered on Jan 12, 2020

You can alert any mandatory reporter, who is obliged to notify DCF and/or the police. That includes doctors, nurses, teachers, daycare workers, therapists of any kind, social workers, and many more. However, if this happens they may ask your sister and depending on her age the directness may make... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I am a civilian and have an ex boyfriend (Active Marine) who is harassing me. I have ample proof and he’s threatened

My credit. I don’t want to instigate him but he’s relentless. He absolutely has mental health issues and I have proof of that too. Will he automatically get fired if I file?

Kristen Greenwood
Kristen Greenwood answered on Dec 21, 2019

There isn't a lot of background information included in your post to answer your question fully. I would recommend calling an experienced attorney to discuss your concerns in more detail.

However, if your safety is at risk, your safety takes priority over someone's career and the police...
Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law and Personal Injury for Massachusetts on
Q: Landlord has video camera in bedroom catching us shower naked and is being nasty to us now. How can I win a lawsuit?

My husband and I rented a condo in Norton, MA. We have the contract. Landlord put camera at front door and one of the bedroom. Landlord also did not fulfill the contract because they have their dad staying there for two months. They were our friends so we did not want to make a big deal. I personal... Read more »

Kristen Greenwood
Kristen Greenwood answered on Dec 21, 2019

In my experience as a criminal defense attorney, my first suggestion would be to go to the police to report that you've been video recorded in the bedroom of the apartment you were living in. Provide them with as much proof as possible of these videos, as well as a lease/contract to show you had... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Massachusetts on
Q: MGL 215 Section 2; appoint someone to be a special process server with law enforcement powers?

Out of curiosity. Does MGL 215 Section 2 appoint someone to be a special process server with law enforcement powers in Massachusetts?

Someone sent me a text/ picture showing he is authorized to serve any and all process, including arrest warrants under that law and given powers “to keep... Read more »

Kristen Greenwood
Kristen Greenwood answered on Dec 21, 2019

Although I have not seen the photograph you received, and I cannot comment on the authenticity of what you received, here is what the law that you inquired about says:

M.G.L. 215, Sec. 2 outlines Superior jurisdiction; presumption:

Probate courts shall be courts of superior and...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: If I file a motion to vacate default and get a new arrangement date can I still be arrested for “Bail Jumping”?

If I missed my arraignment date but went to the courthouse and filed a motion to vacate default, paid bail/bond and got a new arrangement date. And the clerk tells me that I no longer have a warrant. And I have complied with the terms of BailBond conditions,

Can the prosecutor bring Bail... Read more »

Lissa McKinney
Lissa McKinney answered on Nov 25, 2019

No- I have never heard of such an event in 35 years of practice. I am not even sure MA law has a 'bail jumping' law as you say. The penalty for bail jumping is your bail is forfeited to the state if one was posted, and they set a new bail usuallyhigher or double the old one to ensure you show up.... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Brother being charged with 2 counts of murder and something else. Self defense. Low income family. Need help

He has a public defender. Being denied funds by judge to help in his defense to prove innocence. Happened in his home, attacked by three other men. Hasn’t even been to trial. He knows he took two lives, one man survived whom he didn’t even know. He owed one of the now deceased money. Whole... Read more »

Gary Kollin
Gary Kollin answered on Oct 15, 2019

Even if he had a private lawyer, he would still not receive the funds.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I had a dui/driving to endanger charge in Massachusetts. The court dropped all charges. Now ROMV wants me to take a

an alcohol evaluation from a licensed therapist. How can they do that??

Dakota Martin
Dakota Martin answered on Oct 6, 2019

The RMV makes its own rules...basically.

Make sure you find the right therapist and answer his or her questions satisfactorily.

You got this.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I'm on pretrial probation I missed a drug test my tril is set for October 9th to be dismissed. Can I turn my self in on

Will they move my trial up and put me in jail for pretrial probation violation

Lissa McKinney
Lissa McKinney answered on Sep 28, 2019

They will not usually move up a trial dates as they are booked so tight. It sound like maybe you were on a pre trial diversion or given opportunity to not have case on record but the failure of doing thre drug test could be huge impact. You best have a very good explanation for missing it. IF you... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can someone transfer probation to another state the day They get released from jail

My husband had court Monday and took probation he lied and Sid he had no one to pick him up so the jail is bringing him to court Friday to b released to probation. He is saying he is moving to Florida that day. Could a judge have already agreed to his move even tho he hasn’t been released and... Read more »

Lissa McKinney
Lissa McKinney answered on Sep 19, 2019

No, that is not a likely scenario at all. Transferring probation out of state requires a lot of forms to be filled out and the other state accepting the probationer. In addition, you have to provide an address where you will be living and that address has to be verified as well. It is doubtful the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Boyfriend is in litigation with an old business partner/girlfriend. She was granted an order of protection against him.

FB still showed him in a relationship with their original anniversary date. Her name did not show as they were no longer friends. He thought he could just update the anniversary date to when we met, which he did. For some reason FB tagged her in it & updated the relationship status as them together... Read more »

William D. Kickham Esq.
William D. Kickham Esq. answered on Sep 16, 2019

I'm surprised that your question says that "His attorneys are making it sound like he has no chance". It's not clear to me if those attorneys are licensed in AZ or MA, but my professional opinion - based on the information you've provided above - is that the person has a more than fair chance of... Read more »

3 Answers | Asked in Criminal Law for Massachusetts on
Q: Is assault w a dangerous weapon if you break a bowl when someone is in another room with the door closed
Joseph B. Simons
Joseph B. Simons answered on Jul 28, 2019

It doesn’t sounds like an assault with a dangerous weapon. There are two versions of assault in Massachusetts:

In order to establish the first form of assault — an attempted battery — the prosecution must prove beyond a reasonable doubt that the defendant intended to commit a battery...
Read more »

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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Massachusetts on
Q: Mother tells father of unborn child (3.5 months) to pay hotel bill until baby is born or he can’t see child. Extortion?

(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.

Mother is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 18, 2019

Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.

2 Answers | 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
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.

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