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Massachusetts Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Massachusetts on
Q: Can my 16 year old be arrested for threatening to shoot someone in response to a threat made to her 9 year old sister?

An adult woman came to our home and threatened to have my 9 year old daughter beat up. My 16 year old responded by saying not to send anyone to our house anymore or she will shoot her. .I want to report the adult because she wont leave our family alone but I dont want my daughter to be arrested.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

It depends on the specific facts of the interaction. 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... View More

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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,
Ali Shahrestani,
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,... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Do i NEED A GUARDIAN AD LITEM for my children when medical records have been court ordered?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 12, 2017

This is too vague to answer. 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... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is an extendable baton legal to possess in MA? It will not be carried or used unless under extreme duress.
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

That might be considered a weapon, and carrying it may result in criminal charges. 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,... View More

1 Answer | Asked in Business Law and Criminal Law for Massachusetts on
Q: Can a business deliver free alcohol as a gift with the ordered product to customers?

In the state of Massachusetts its illegal to sell alcohol after 11pm in stores. If there was a company that sells and delivers candles 24 hours a day, can the company give free alcohol as a gift to the buyer after 11pm? Technically it's legal but I wanted to know what problems this company... View More

Kas DeCarvalho
Kas DeCarvalho
answered on Jul 6, 2017

I strongly recommend that you contact the Commonwealth's Alcoholic Beverages Control Commission, which will almost certainly have a position on this. As a practical matter, Massachusetts law prohibits any unlicensed sale, storage, transportation, importing, exporting, and manufacturing with... View 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,
Ali Shahrestani,
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... View More

2 Answers | Asked in Criminal Law for Massachusetts on
Q: A drug Warent was issued for 64

A drug Warent was issued for 64

Now I turned 64 a and 64 b into one apartment. (They didn't know that)

But legally at city hall it's still listed as 64 a and 64 b ( two apartments)

do the police have a right to raid 64b and 64a???

Ir does the warrant have... View More

Ismail Mohammed
Ismail Mohammed pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2017

Your attorney should look at the warrant. If it's defective because of the address issue then there might be a motion to dismiss or suppress.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Should my son hire a defense attorney

My son was in nh and ran out of gas. A police officer happened by, smelled marijuana, and found 3 grams in the car. Paperwork said to write to court which my son did not read. He is scheduled to soar July 11. He is rightfully scared.

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 28, 2017

He may need to hire a NH attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: Hi, I am in the process of writing my brief and appendix, it is due on Wed, 6/22. I need some case law that is related

I am up against a person using the harassment prevention 258E as means of retaliation. Not respecting the court by doing so, using the fabricated affidavitts as a way to obtain such order. Do you have any case law for me to reference? Please

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 20, 2017

Go to the local law library for help. 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 credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: My 15 year old got caught carrying a knife to school she already got expelled what is gonna happen at court
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 15, 2017

How did they find out that she had a knife. What kind of knife? What's the specific charge? 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 credentials, awards, honors,... View More

2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Probate for Massachusetts on
Q: If there is a aggravated assault and battery case but it was an accident can the state drop the charges

If he hit my phone out of my hand and it hit my stomach and im pregnant it was an accident can they drop the charges if i tell the DA that it was a accident and he didn't intentionally try to hurt me or the baby?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 5, 2017

The DA decides whether to file or move to dismiss charges, not the victim. The victim can testify as to the facts. 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... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I answered the atfs questions after they arrested my boyfriend . Will he find out if I gave details
Ali Shahrestani,
Ali Shahrestani,
answered on May 26, 2017

He might. 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 credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: My client in Massachusetts have been convicted of forging a public record. What punisment may be impossed?
Ali Shahrestani,
Ali Shahrestani,
answered on May 22, 2017

He may face a misdemeanor or felony, depending on the facts. The sentence depends on the crime and past convictions. 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... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is 263/35 criminal? I blew some leaves on to the road by accident and the police are making me go to court.
Ali Shahrestani,
Ali Shahrestani,
answered on May 9, 2017

What do you mean "blew some leaves"? 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 credentials, awards, honors, testimonials, and media appearances/ publications... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: The magistrate could not make a decision so he deferred his answer to the cop reading the report. Is this legal?

My friend went before a magistrate today to defend herself (with a lawyer she paid for) in a harassment / assault charge and the magistrate said it could go 50/50 and couldn't make up his mind so he left the decision up to the cop who was in the courtroom reading the original police report... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 9, 2017

Have a lawyer review the facts to see if there's a basis for appeal.

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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2 Answers | Asked in Criminal Law for Massachusetts on
Q: Case dismissed by clerk in March-no probable cause- but I just received another summons for same charge!

Is this legal!? How can they do this!

Ismail Mohammed
Ismail Mohammed pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2017

Typically a new complaint will not issue unless they said they would continue the case for x amount of months with the condition that you do not violate those conditions. Speak with an attorney so they can find out what happened.

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1 Answer | Asked in Family Law, Child Custody and Criminal Law for Massachusetts on
Q: Can you request criminal court dockets from a court on another person? Are these dockets available to public?
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 8, 2017

This would have to be done by Court Order generally. In discovery, criminal history can be requested of the party involved.

1 Answer | Asked in Criminal Law and Libel & Slander for Massachusetts on
Q: I have a woman who is harassing multiple people on my street because she can't keep track of her man. There is a lot go

She continually calls the tip line, lies on affidavits, has left threatening voicemails and text, put personal information on social media. She even called housing on a neighbor as well as DCF with false accusations. We tried getting a P.H.O and were told we didn't have enough. She also... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 27, 2017

You can call the police re: the noise disturbance and threats. If there are lies that qualify as slander/ libel, you may be able to sue for that. 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... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: When does the right ,not be compelled to be a witness again oneself start, at time of arrest,or some time later?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 27, 2017

You always have the right. The police must advise you of your rights prior to a custodial interrogation.

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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1 Answer | Asked in Criminal Law and Libel & Slander for Massachusetts on
Q: I am a victim of revenge porn and my state is still passing a bill about it. What can I do
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 22, 2017

You can sue in court for invasion of privacy. 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 credentials, awards, honors, testimonials, and media appearances/ publications... View More

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