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Massachusetts Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Elder Law, Identity Theft and Military Law for Massachusetts on
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.

Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me... View More

James L. Arrasmith
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answered on Nov 27, 2023

In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Arrested with evidence of cash payment made to Jonald Thrumper (alias of right wing extremist) dismissed 3 yrs later.

My Daughter was falsely arrested by same Police Department after they learned of her Supoena as a witness in my subsequently dismissed case. The charges are serious felonious crimes and we have documented evidence of cash paid for the arrests. Racists documented threats from those commiting crimes... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your case, where there are allegations of false arrest, racially motivated harassment, and corruption involving law enforcement, it's critical to take well-informed and strategic legal steps. First, ensure that all evidence, including documents showing cash payments and any threats, are... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Friend was driving my car. Got pulled over and got arrested on a gun charge for a gun outside the car we were in.

Did they have a right to arrest me even tho I wasn’t driving? Wondering if the case sounds promising since it wasn’t found in my possession? Do I have any chances of alternative sentencing like the gps bracket instead of jail time? My wife is pregnant and nervous about missing the first few... View More

Dakota Martin
Dakota Martin
answered on Nov 10, 2024

I need more details, but you shouldn’t be thinking about sentencing. Sounds like you can definitely beat this case. just because you were charged with a crime does not mean that you’re going to be convicted. Fight it.

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Massachusetts on
Q: if a person has been incarcerated for three months without being indicted are they still allowed to hold him?
James L. Arrasmith
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answered on Oct 6, 2024

If someone has been held for three months without being indicted, that could potentially violate their rights under both state and federal law. In most cases, the government is required to indict or formally charge a person within a specific period of time. In Massachusetts, if you’re being held... View More

1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Can you sue the jail that your incarcerated in?
James L. Arrasmith
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answered on Jul 27, 2024

Yes, you can sue the jail you are incarcerated in if your rights have been violated. You might pursue legal action for issues like inadequate medical care, unsafe living conditions, or abuse by staff. It's important to gather as much evidence as possible, such as documentation of your... View More

1 Answer | Asked in Civil Rights, Criminal Law and Traffic Tickets for Massachusetts on
Q: I just asked the last lawyer about how I go followed bye mass state police I will not pay you firm or show video til a h

I have a lot more information I just need to talk to a human being you'll find out

James L. Arrasmith
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answered on Nov 12, 2023

If you believe you have been unfairly followed by the Massachusetts State Police and have evidence to support your claim, it is important to consult with an attorney who can provide personalized legal advice. You can reach out to local law firms that handle civil rights or criminal law cases. Many... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: is the FBI allowed to use investigaitonal drugs on the people they investigate?
T. Augustus Claus
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answered on Nov 1, 2023

The FBI is prohibited from using investigational drugs on the people they investigate. This is because investigational drugs have not been fully tested and approved by the Food and Drug Administration (FDA), and their use could pose a serious health risk to the subjects.

Unfortunately, due...
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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Massachusetts on
Q: On Massachusetts probation with no condition about drug testing I have a medical weed card in state can I still smoke
Dakota Martin
Dakota Martin
answered on Oct 26, 2023

If there are any conditions about remaining drug and alcohol free, that could be a problem. Otherwise your activity appears perfectly legal and for a purpose. You should speak to your PO directly if you still have concerns. It goes without saying that they'll probably want to look at your... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: What is the legality of owning a blank firing gun in Massachusetts?
T. Augustus Claus
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answered on Sep 26, 2023

In Massachusetts, owning a blank-firing gun might be subject to various restrictions and could require a firearms identification card (FID) or a license to carry (LTC).

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a 209A order is issued, never violated, subsequently vacated, does the recipient now have a probation record?
Michael A. Contant
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Michael A. Contant
answered on Sep 7, 2023

The short answer is that you will not have a criminal record for the MGL c. 209A restraining order that was never violated. It is civil in nature and does not appear on any criminal record, including a BOP, CORI, CARI, etc. However, Massachusetts has developed a separate record system for... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can the FBI use investigative drugs during investigations? What is the law im Massachusettes for that?
T. Augustus Claus
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answered on Sep 5, 2023

The FBI, like other law enforcement agencies, may use investigative techniques and tools during investigations. However, the use of investigative drugs, also known as controlled substances, typically requires strict adherence to federal and state laws. The specifics of such laws can vary from state... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can an accomplice to an attempted murder charge have his record expunged? He was not the aggresor.

I was incarcerated over 15 years ago with a friend who commited this crime and being with him,I was sentenced too.I was given a 6 year sentence and have been free for over 15 years without getting in any trouble whatsoever.And would like to get a better job and move on with my life.This blemish in... View More

Thomas Shack III
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answered on Aug 30, 2023

Under Massachusetts law, generally, individuals convicted of certain non-violent offenses may be eligible to have their records sealed (not necessarily expunged though) after a certain period of time. However, offenses such as attempted murder are considered violent crimes and are therefore not... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it legal for the FBI to drug you with investigative drugs? Also can they use this as evidence in court?
T. Augustus Claus
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answered on Aug 29, 2023

In Massachusetts, as well as in the United States at large, law enforcement agencies like the FBI are generally required to adhere to legal and ethical standards in their investigative activities. Administering drugs without consent, especially for investigative purposes, would likely raise serious... View More

2 Answers | Asked in Civil Litigation, Criminal Law and Divorce for Massachusetts on
Q: I need to hire a lawyer to help me with some legal issues and use my house as collateral, is it possible and how?
Thomas Shack III
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answered on Aug 25, 2023

In Massachusetts, it is possible to use a house as collateral for legal fees, but it would depend on the specific circumstances and the specific agreement between you and your specific lawyer.

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2 Answers | Asked in Criminal Law for Massachusetts on
Q: Does the FBI use investigative drugs in court?
T. Augustus Claus
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answered on Aug 22, 2023

In Massachusetts and throughout the United States, law enforcement agencies like the FBI can use investigative techniques and tools, including drugs, during their investigations. However, the use of investigative drugs as evidence in court can be subject to legal regulations and procedures.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: If there is a bolo on your car or the person who owns the car for questioning. Can they do a felony stop ?

I already talked to investigators but they didn't remove bolo & did felony stop that lead to an arrest for contraband they found during the stop

Thomas Shack III
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answered on Aug 8, 2023

In Massachusetts, law enforcement authorities have the power to conduct a felony stop on a vehicle if they have reasonable suspicion or probable cause to believe that a felony has been committed or if there is an imminent threat to public safety. If there is a BOLO on your car or the person who... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Wife raped as teen. statue of limitations in massachusetts for sexual assault on a person who is underage & disabled?
Thomas Shack III
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answered on Aug 8, 2023

In Massachusetts, the statute of limitations for sexual assault cases, including rape, varies depending on the specific offense committed. While rape and aggravated rape of a child have no statute of limitations, indecent assault and battery generally have a 15-year statute of limitations, with... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Internet Law for Massachusetts on
Q: My husband allowed me to access his email when married and left his emails and texts on the home family shared computer

We are getting divorced he left private conversations openly on our shared computer between him & a female friend can i screen shot then and use them in divorce ?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

In Massachusetts conversations recording without consent of both parties to the conversation is an offense and the Courts wouldn't allow introduction of same.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Under Massachusetts law, what is the difference between lewd, wanton and lascivious and open and gross lewdness?
Joseph B. Simons
Joseph B. Simons
answered on Jun 28, 2023

For Open And Gross Lewdness And Lascivious Behavior, the prosecutor has to prove the following elements:

First: That the defendant exposed his (her) (genitals) (buttocks) (or) (female breasts) to one or more persons;

Second: That the defendant did so intentionally;

Third:...
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Q: I have a suet on the Fbi and verified liable how soon can the paperwork begin ans an urgent suet ftca serious big suet

The suet is in the Fbi their is a cartel who is verified by the cia and the Dod both have been a top legal help and verified weapons and the perps breaking torture laws and using a nano they stabbed me with the Dod and cia verified and exotic weapons only few who can explain the weapons the Dod... View More

James L. Arrasmith
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answered on Mar 5, 2023

If you believe that you have been the victim of a crime or other misconduct involving the FBI, the CIA, and/or the Department of Defense, it is important that you seek the advice of a qualified attorney who specializes in federal litigation and civil rights law.

An attorney can advise you...
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