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Massachusetts Criminal Law Questions & Answers
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
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
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
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
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.
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
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
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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1 Answer | Asked in Criminal Law for Massachusetts on
Q: If you are charged in discrit court with a Breaking and entering

This is after my husband agreed to a 2 year bid in discrit court then the day he was surpose to be taking to jail he was told he was indicted so hes not going to jail cus his case is now gona be handle by superior court. Is the proper legal way to indict someone after they accepted a plea ?

Lissa McKinney
Lissa McKinney answered on Oct 17, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I was in an online relationship with a woman in Boston who turned out to be underage.

Can I file criminal charges against her for some sort of criminal misrepresentation or entrapment?

Lissa McKinney
Lissa McKinney answered on Oct 12, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: In Mass b&e into motor vechicle is punishible for how long
Lissa McKinney
Lissa McKinney answered on Oct 9, 2018

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...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can a significant other file charges against the other for snooping on his phone or computer without permission?
Lissa McKinney
Lissa McKinney answered on Sep 25, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: My boyfriend was arrested for Domestic assault and battery. He did not touch me. Will the case get dismissed.
Lissa McKinney
Lissa McKinney answered on Sep 13, 2018

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... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Can I report a drug-abusing relative to the police if she refuses to go to rehab and we don't know what else to do?
Dakota Martin
Dakota Martin answered on Sep 7, 2018

Section 35.

For their safety you can section them. Yes.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Hello, I have a question about criminal harassment. Is this a case your office would handle probono or at low cost?

I've been harassed for over a year by my neighbor. I would like to get some advice as to if I would have a solid case if I was to take it to court for criminal harassment.

Lissa McKinney
Lissa McKinney answered on Sep 7, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on
Q: what is a lawfully authorized user?

Regarding storage and access to any firearms the law defines who has access as "an owner or any lawfully authorized user". How does the law define a lawfully authorized user? Is it the category of firearm license? (e.g. Class A / License to Carry / Large Capacity)

Lissa McKinney
Lissa McKinney answered on Aug 17, 2018

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...
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1 Answer | Asked in Criminal Law for Massachusetts on
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
Lissa McKinney answered on Aug 17, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: What can happen when you don’t pay your probation fee?

I have a probation that i have to pay 500 a month, I lost my job 3 months ago I haven’t pay anything or contact them, they haven’t contacted me either, I’m trying to get a job but due to my record it’s been really hard, this is my firs criminal case i stole money from a employer almost 2... Read more »

Lissa McKinney
Lissa McKinney answered on Aug 17, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can a court mandate anger management if a person has not gone through probation or had explicit orders from said court.

My boyfriend was sent to magistrate for a case. Was told to stay off of fb acct because of filing false report and have no contact w person. Got letter in mail stating proof of anger management. No such program information was provided at time of appointment. What course of action is necessary?

Dakota Martin
Dakota Martin answered on Aug 14, 2018

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...
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2 Answers | Asked in Criminal Law for Massachusetts on
Q: Shoplifting. Kmart. First offense. Less than $20. How to proceed? Terrified Independant Grad student

Was caught on camera shoplifting. Item was under $20. No police were called or arrest. They took down my ID and personal info and gave me a form to fill out to choose to pay a fee through a company called CAP (Crime accountability program). The fee is $450 and I have 72 hours to sign up and make a... Read more »

Dakota Martin
Dakota Martin answered on Aug 9, 2018

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...
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1 Answer | Asked in Criminal Law and DUI / DWI for Massachusetts on
Q: My motion for a new trial was sent to the judge. The judge sent my motion to the district attorneys' office. Why?

The Commonwealth requested that the Court deny my motion to withdraw my guilty plea. The reasons were not given in a professional manner. The reasons for denial were very poorly investigated. The letter amazingly sloppy and amazingly careless and without merit. Why did the Judge ask the district... Read more »

Lissa McKinney
Lissa McKinney answered on Jul 28, 2018

The Judge sent it to the District Attorney because all Motions must allow for hearing from both sides. In addition, if the DA's office wanted to agree it simplifies the hearing and the Judges allocation of time. If they object, then the judge knows they have to schedule an adversarial hearing and... Read more »

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