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Massachusetts Questions & Answers
Q: Can a Special Town Meeting compel a BOS to allow voters to approve or deny a Housing Production Plan under 40B?

Purusant to MGL Ch 40B, the Selectmen and Town Administrator created an ad hoc subcommittee to create a Housing Production Plan. While the subcommittee held public input sessions with the help of MAPC, much of that public input has been ignored. While trying to rush votes before the Planning Board... View More

James L. Arrasmith
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answered on Jul 21, 2024

Under Massachusetts General Laws Chapter 40B, the Housing Production Plan (HPP) must be approved by both the Planning Board and the Board of Selectmen (BOS). Although a Special Town Meeting (STM) can be called to address various issues, it does not have the authority to compel the BOS to submit the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Massachusetts on
Q: Can someone refer some lawyers in Massachusetts to help me file lawsuits against someone for civil rights violations?

I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More

1 Answer | Asked in Real Estate Law, Banking and Business Law for Massachusetts on
Q: What are the problems with a house sold in Massachusetts that has not been recorded with registry of deeds?

My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.

But it is unwise that the...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a piece of evidence was inadmissible at the time of arrest can the prosecutor bring it in at arraignment?

Both the prosecutor and the judge believed that this this pieceof inadmissible evidence was actually admissible . This came out in court 4 yrs. Later before trial. This was held against the defendant during the whole court process.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

The concept of "admissibility" only pertains to evidentiary hearings and trials. An arrest is not an evidentiary hearing or trial. There is no judge or jury to consider the evidence. You can view "admissibility" as whether something is "admitted" for consideration... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: EB1 with an i140 approved, but god forbid if I get laid off, and forced to return to my home country

EB1 with an i140 approved (self-petitioned), but god forbid if I get laid off, and forced to return to my home country (China/India), will I lose my priority date? my priority date won't be current for a few years.

If I'm in the home country for a few years, will I lose my ability... View More

James L. Arrasmith
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answered on Jul 2, 2024

To answer this question accurately, let's break it down into several key points:

1. Priority Date Retention:

Generally, you can retain your priority date from an approved I-140 petition even if you change employers or leave the country. The priority date is typically preserved...
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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: If i file bankruptcy on my corporation does that affect my personal credit negatively?
James L. Arrasmith
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answered on Jun 26, 2024

Filing bankruptcy for your corporation typically does not directly affect your personal credit, but there are some important considerations:

1. Corporate vs. personal bankruptcy: If you file bankruptcy for your corporation, it's generally separate from your personal finances. The...
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1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Does a parent with sole, physical, legal custody need the other parents permission to move out of state?

I want to move to NC and have sole, legal, physical custody of my 2 children. Their father is not active in their lives and has not seen or talked to them in over a year.

Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

Almost certainly yes, but there are many variables to discuss and consider as you plan your path forward. Feel free to contact our office to see if we may be able to become engaged as your attorney and give you the guidance needed for you to move ahead with making plans 508-828-1900. Ty!

1 Answer | Asked in Foreclosure and Probate for Massachusetts on
Q: Looking for any & all legal arguments that the executor of an estate has standing to contest legality of a foreclosure

Named executor thru probate court. Sole heir to the estate. Bank itself has never challenged standing in multiple complaints filed against them (a 3rd party is trying to). Bank seems to have listed me on all correspondence and foreclosure related court filings. Successor in interest form was also... View More

Christopher Tolley
Christopher Tolley
answered on Jun 25, 2024

I would think an executor does have standing to contest a foreclosure but what is the basis of the objection? Did the bank fail to advertise, fail to advertise adequately, fail to hold a public auction, fail to comply with statutes relating to foreclosure, fail to conduct the foreclosure sale... View More

3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.

First, verify the legal ownership of the business name. If you registered the LLC under this name and...
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3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

William J. Amann
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answered on Jun 22, 2024

Know the difference between the legal name of the business and the trade name, if there is a difference. As an example, Coke could be the trade name for the Coco-Cola Company, Inc. (legal name). You might want to register the trade name with the state's Secretary of State's Office,... View More

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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Massachusetts on
Q: How do I copywrite and trademark the Flying Yankee name?
James L. Arrasmith
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answered on Jun 19, 2024

To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:

Copyright:

1. In the United States, copyright is automatically granted to original works upon...
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3 Answers | Asked in Immigration Law for Massachusetts on
Q: I'm a citizen. I want to bring my 25 year old son to the US
James L. Arrasmith
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answered on Jun 17, 2024

As a U.S. citizen, you have a few options to help your 25-year-old son immigrate to the United States:

1. Family-based green card: You can petition for your son to receive a family-based green card (Form I-130). However, since he is over 21 and unmarried, he would fall under the...
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3 Answers | Asked in Immigration Law for Massachusetts on
Q: I'm a citizen. I want to bring my 25 year old son to the US
Stephen Arnold Black
Stephen Arnold Black
answered on Jun 17, 2024

A US Citizen sponsoring an unmarried 25 year old immigrant would be sponsored outside of the immediate relative category under F1. You should look at the visa bulletin board department of state time table to ascertain the processing speed for your category.

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal for my father to fire me?

I workcfor my father. Every time something happens in the company he threatens my job. If he doesn't have enough to pay me I would ask when I would be paid. He would get angry and say he will fire me if I keep asking. Or if something happened in the family that isn't work related he would... View More

James L. Arrasmith
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answered on Jun 10, 2024

It can be very stressful to work for a family member, especially when job security is constantly threatened. Legally, whether your father can fire you depends on the employment laws in your area and the nature of your employment agreement. In many places, employment is "at-will," meaning... View More

1 Answer | Asked in Immigration Law, International Law, Family Law and Child Custody for Massachusetts on
Q: Can an International Student get Emancipation in the United States?

I am a 16 year old from Pakistan in the US under a student visa. I study at MIT and currently live on campus in Boston, MA. Can I get Emancipated as my home country Pakistan doesn't have defined laws for emancipation? I have a full time job and I also Invest in Stocks and Shares. I also want... View More

James L. Arrasmith
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answered on Jun 3, 2024

As a 16-year-old international student from Pakistan on a student visa, getting emancipated in the United States can be challenging. Emancipation laws vary by state, and in Massachusetts, where you are studying at MIT, minors can petition for emancipation under certain conditions. You must... View More

1 Answer | Asked in Civil Rights and Sexual Harassment for Massachusetts on
Q: Is it permissible to repeatedly ask a male inmate to retract their foreskin?

The repeated demand by the officer for the inmate to move his foreskin during the search is profoundly invasive and violates the inmate. It seems this is not permissible as the inmate goes through a scanner that would also rule out any foreign objects. This request is excessive and unnecessary to... View More

James L. Arrasmith
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answered on Jun 3, 2024

No, it is not permissible to repeatedly ask a male inmate to retract their foreskin during a search. This practice is highly invasive and violates the inmate's dignity and privacy. The repeated demands go beyond what is necessary for a search, especially when other screening methods, like... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Massachusetts on
Q: If an inmate is held as dangerous in MA, and the judge says that due to excludable time rule 36, the days don't count

During the bail hearing, the judge mentioned that due to Rule 36, the 180 days for the trial were paused, and only 33 days had been counted. The court date proceeded as planned, with the only delay being the prosecution's request for a trial continuance a few days prior, which was objected to.... View More

James L. Arrasmith
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answered on Jun 3, 2024

If an inmate in Massachusetts is held as dangerous, Rule 36 allows for the exclusion of certain periods from the 180-day trial clock. This means that any delays not caused by the inmate, such as a prosecution's request for a trial continuance, can extend the trial deadline without violating... View More

1 Answer | Asked in Land Use & Zoning for Massachusetts on
Q: I need someone to help me with a land dispute i am disabled and need help

I am seeking a lawyer to help me with a misrepresentation of land that was for sale using the wrong address given for property i purchased which was advertised on zillow. The realtor mislead me to belive i was purchasing land advertised i went through real estate company. I trusted the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

A Massachusetts attorney could advise best, but your question remains open for four weeks. It could be difficult for attorneys here to respond to your request for legal services. The format here is brief Q & A, no soliciting. You would need to reach out to attorneys on your own. You could... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: Am I liable for back taxes if town never updated their records for an addition to my property? If so how how far back ?

I added on to my house 5 years ago with all the proper permits and inspection. The assessor never updated my property record. I did move house into an LLC last year.

James L. Arrasmith
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answered on May 31, 2024

If the town assessor never updated their records to reflect the addition to your property, you might still be liable for back taxes. Typically, towns can assess back taxes once they discover the discrepancy. The period for which you might owe back taxes often depends on local laws and regulations,... View More

2 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for Massachusetts on
Q: statemnt under the grand jury oath perjury if officer provides facts different from what is stated in the police report

Is a statement under the grand jury oath perjury if the officer provides false facts than what is stated in the police report

The police report contains different facts, while the affidavit presents consistent information; however, the grand jury minutes contain false information.

James L. Arrasmith
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answered on Jun 3, 2024

If an officer provides false facts under oath to a grand jury, it could be considered perjury. Perjury occurs when someone knowingly provides false information while under oath. This is a serious offense because it undermines the integrity of the judicial process.

In your case, if the...
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