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Massachusetts Criminal Law Questions & Answers
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... 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... 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... 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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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
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... Read more »

Bruce Alexander Minnick
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...
Read more »

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
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
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... 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
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
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
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
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.
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... Read more »

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


Ali Shahrestani, Esq.
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.
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 »

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