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Massachusetts Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Massachusetts on
Q: My girlfriend got in an argument with the neighbors and they pushed each other. The police were called and left not arre

Neither was arrested but my gf got a summons to go to court for assault is she in big trouble or does the clerk through it out

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 22, 2017

Assault/ battery are typically charged as misdemeanors.

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 Attorney. You can read...
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1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: My daughter is 14yrs old was in the school bathroom set a paper on fire then put it out she was suspended for 11 days.

The other 2 girls 1 day now we have to go to court what will happen with the outcome this will be her first time in court.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 17, 2017

She may be facing a misdemeanor, which may involve juvenile incarceration, a fine, probation, and/or community service. She may also face expulsion.

See: http://www.aeesq.com/education-lawyer/school-campus-crimes/

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: How to file a witness intimidation charge in Massachusetts?

This domestic violence assault and battery case was dismissed. I don't know if it is with or without prejudice. The defendant was making promises and threatening me to use the fifth to get it dismissed. What can I do?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

You can contact the police and the DA about 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 read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Me and my husband have an open case and he was wondering if he pleads out would they drop my charges
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

That depends, but I see no reason why that would happen, generally speaking. 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... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Unlawful possession loaded gun with silencer no prior record plus pregnant = no jail?

My friend her boyfriend and his uncle went to jail on a loaded gun charge. This gun had a silencer. She had a three year old kid in the car. Cops found stolen property and found three masks in the car. All three got same charges. She thinks shes fine cause she has no prior record. And all her... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

I see no basis for her conclusions, based on these 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 credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: My ex said I hit her with a bat over 6months ago, police filed a police report but never any charges. can they file now?

I am in Massachusetts, and charges have not been brought to me since then, and my ex stayed living with me. After we broke up, then she wanted to file charges. The police are trying to file charges now, what do I do? I have proof of no charges being brought forward 6 months ago.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

Charges can be filed now, but it's the DA's sole decision. 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... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Due to increasing court costs, my husband's probation officer told him that the court no longer issues a letter which

states he satisfactorily completed his probation and the charges will be dismissed as they have done in the past. He does not have to appear in court and the probationary period will end automatically. Is there a way to receive this information from the court in writing?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

You can request a copy of the court's order and minutes from the court clerk. You can contact the probation officer in writing to request confirmation (email works too). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: What is the age of sexual consent for lesbians in Massachusetts

My girlfriend is 16 and I am 14 and we want to have sex but we don't want to do it if it is against the law

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

See: http://statelaws.findlaw.com/massachusetts-law/massachusetts-legal-ages-laws.html

See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/sex.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
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3 Answers | Asked in Criminal Law and Car Accidents for Massachusetts on
Q: I have two dui's in the mid west I served my time for and did what was required of me over 16 years ago now I live in MA

How do I now get my license

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

See: http://rmvlawyer.com/out-of-state-dui-suspensions-for-mass-residents.htm

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,...
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1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Why is a Public DA able to drop a case without consulting the victims of a sex crime?

My friends and I were videotaped in the bathroom of a home without our knowledge. The person confessed to doing so. Then he got a lawyer, plead not guilty, rejected the plea bargain, and pushed off the trial. Eventually the DA dropped the case. Shouldn't we, as the victims of the case, been... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 9, 2017

The DA has such legal prerogative. You can sue for privacy violation and emotional distress damages in civil court, though. 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: I just got out from a 6 month sentence... Before I got arrested for the offense. I owed 350 bucks to a different court.

Since I was released on Dec 27th... My case worker in Middleton told me I have"till next year " to pay the other court my 350. Today I received a warrant.. A straight warrant.. Because I haven't paid the 350. I had no idea when to pay by or no court date. I am on probation. I can... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

See my answer to your identical question. 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... View More

2 Answers | Asked in Criminal Law for Massachusetts on
Q: I was just released after serving 6 months.. Before I was arrested for that I owed a different court 350 bucks.

Today I received a straight warrant for not paying the 350. I am on probation but I didn't know how long I had to pay the money. My case worker only said I had till next year but no specific date. I can pay the money right away but will this effect my probation even though this is for... View More

Brian Lehman
Brian Lehman
answered on Mar 4, 2017

The question "willl this effect my probation even though this is for something I was arrested for BEFORE I did 6 months for a different charge" is something that, in my experience, only an attorney who practices in that court and before those judges can answer. I highly recommend seeing a lawyer.

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2 Answers | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: My step son was just arrested for armed robbery. Assault on a person over 60.And larceny.. He is 16. What's he Lookin at

He has a prior record for stealing a police mountain bike, and vandalism.. So he's not squeaky clean. And the person he assaulted got 5 staples in his head

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

This sounds like it would be charged as a felony, and he might be tried as an adult. He may be facing prison years, especially if he used a gun, and restitution fines. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: been charged with 2 breaking and enterings in mass back in November every court date they say its getting indicted

how long do they have to indict

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

So long as they indict before the statute of limitations, there's no problem. 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,... View More

2 Answers | Asked in Criminal Law and Personal Injury for Massachusetts on
Q: Can you sue after a case is closed?

I was envolved in a case that has since been closed. Its a long story but to wrap it in a nutshell. Someone I hooked up with in college secretly video taped me and put it on the internt. I dont feel that I was provided with the right guidance by my college and I feel like the guy who did this to me... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

Was there a court case or an internal college investigation? If there was already a court case on the issue, you cannot sue a 2nd time for the same wrong. Also you may be barred by the statute of limitations if you wait too long. See:... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: My probation is up 2/17/17 if I don't receive anything by then should I consider myself off of probation

Have been extended once before had to appear back in court but what if I don't receive anything in the mail by that time

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 13, 2017

What does the related court order and probation order say? 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/... View More

1 Answer | Asked in Criminal Law, Domestic Violence, International Law and Internet Law for Massachusetts on
Q: I am threatened and blackmailed by someone in another country. Can US police do anything about it?

My boyfriend living in another country has been blackmailing me with revenge porn and has threatened my life several times. I have lots of proof of this in text messages. When we met he also abused me. I don't know if going to the police will help because I have heard they have no jurisdiction... View More

Brian Lehman
Brian Lehman
answered on Feb 8, 2017

The state has jurisdiction when its citizens are harmed or threatened. The more likely reason for this response is that they do not want to get involved because he is overseas and it takes a lot of effort to get him. Does he ever travel back to the states?

Here is a chart outlining the...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: About using fake ID open an account,how to deal with that in Newton ,MA
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Who used a fake ID to open an account? That is a crime. The bank may also be in violation of banking laws if they failed to ask for sufficient corroborating identification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Massachusetts on
Q: Who's dog is it?

So my friend and his girlfriend broke up and he started seeing someone else. He told the girl he missed the dog him and his ex shares so she took him to the pet store and bought him a dog. He ended up getting back together with his ex and took the dog when he left. The girl went to court and filed... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

If the dog was given as a gift by the girlfriend, then it belongs to him; but it depends on the facts. 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... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Massachusetts on
Q: i have a bad conduct discharge though a general courts martial 128 agg assault my charges dont apperar on record

am i felon in the eyes of civilain/federal court systems? *article 128 aggravated assault.

Patrick Korody
Patrick Korody
answered on Feb 3, 2017

If convicted of an Art 128 Aggravated Assault at a general court-martial, absolutely. However, it may be that the results of your trial were not entered into the correct database.

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