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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.

John Michael Frick
John Michael Frick
answered on May 31, 2024

It is not uncommon for a witness testifying live to give a different version than what is set forth in an earlier report or affidavit. It can be faulty recollection, nervousness testifying live, embellishment, or a deliberate falsehood.

Knowing false testimony of a material fact can be...
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1 Answer | Asked in Legal Malpractice for Massachusetts on
Q: If a lawyer is fired, can they still file a motion?

The criminal case lawyer was dismissed, and a motion was filed after being removed from the case.

John Michael Frick
John Michael Frick
answered on May 31, 2024

Typically, once an attorney has entered an appearance on behalf of a defendant in a case, that attorney remains the defendant's attorney until the court grants a motion to withdraw or dismisses the attorney. A client firing an attorney is usually good grounds for the attorney to withdraw or... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If RI does not pick up a fugitive of justice in 90 days from MA once he is released from another sentence can he be held

My friend was picked up in MA on a fugitive from justice warrant placed by RI. He was held for 90 days, no governors warrant was signed, and they never came and got him. He is 9 days from release for an unrelated crime in MA. Can RI still come and get him? Can he be held for another 90 days? He... View More

James L. Arrasmith
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answered on May 28, 2024

Your friend’s situation is complicated but there are some key points to consider. If Rhode Island (RI) hasn't picked him up within 90 days, and no governor's warrant was signed, he may have grounds to challenge any further detention for the fugitive warrant. Legally, if the 90 days have... View More

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: What is the statue of the ordinance number 14-240(b in Connecticut?
Lissa McKinney
Lissa McKinney
answered on May 22, 2024

You were 'following to closely' to the vehicle in front of you. If you need more info on this citation you may want to ask a CT attorney.

CT Gen Stat § 14-240(b) (2023):

(b) Except as provided in subsection (e) of this section, no person operating a motor vehicle shall...
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1 Answer | Asked in Public Benefits and Social Security for Massachusetts on
Q: I am a 33yo Army veteran who is 100% IU. Denied during reconsideration. If I appeal what happens next?

Denied 1st go, I appealed. Denied in reconsideration. I just don't know if I should appeal it again. I know I am on the younger side but my injuries both physical and psychological hinder the fit and reliable person I used to be.

James L. Arrasmith
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answered on May 17, 2024

If you have been denied during the reconsideration stage of your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) application, you have the right to appeal the decision again. The next step in the appeals process is to request a hearing before an Administrative Law... View More

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Immigration Law for Massachusetts on
Q: Can a single parent gain citizenship for themselves and their child without the other parent being involved due to dv?

Fleeing a violent and dangerous situation. A mother and daughter coming to the US would like citizenship and to become legal citizens. They are concerned as the father may not allow. Do they need to prove the DV situation or can they seek asylum?

James L. Arrasmith
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answered on May 17, 2024

In situations involving domestic violence (DV), a single parent may be able to gain citizenship for themselves and their child without the other parent's involvement. However, the process and requirements can vary depending on the specific circumstances and the country they are seeking asylum... View More

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Q: I have a MA C corp, want to reorganize as an LLC (I'm the only stockholder & employee). Can I do this simply/cheaply?

Is an LLC a "domestic other organization" so I can just file Articles of Entity Conversion of Domestic Business Corporation to a Domestic Other Entity?

If I do this will I get a new EIN?

Nicholas Arthur Matlach
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answered on May 15, 2024

While converting your MA C Corp to an LLC is certainly possible, the process might be more involved than you anticipate. Here's why:

Entity Conversion vs. Dissolution and Formation:

- Entity Conversion: While Massachusetts law does allow for entity conversion (as you...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Does a commercial lease agreement & term truly end if the landlord does not extend the lease term of a tenant?

Id like to know:

1) Does a commercial lease agreement & term truly expire to allow the landlord to take complete repossession of a leased space at the end of the lease term even though the tenant would like to stay as tenant for a longer period, the tenant does not have a option to... View More

Christopher Tolley
Christopher Tolley
answered on May 6, 2024

1) If the lease does not give the tenant some mechanism for extending the lease term such as an additional term, option to renew, etc., once the lease expires, the tenant no longer has a right to occupy the premises. The landlord is not permitted to perform a 'self help' eviction however... View More

3 Answers | Asked in Bankruptcy for Massachusetts on
Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear about the sudden change in your bankruptcy filing. This must be a stressful and frustrating situation. A few key points to consider:

1. Discuss the change with your lawyer: Ask your attorney to explain in detail why they now believe you need to file for Chapter 13...
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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

William J. Amann
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answered on May 5, 2024

Deciding which chapter you're eligible for and should file is a fundamental but key decision. I'm assuming the $1,500 fee you referenced is for your attorney and not the "phone course for chap7." The terms of engagement, such as the hourly fee amount and the billing... View More

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Can my employeer tell me I can't share outside work resources with coworkers, outside work hours? Plus. Others.

Myself and a number of our part time staff at a non profit are low income. 4 of us are very good friends outside of work. Sometimes one of us is able to get free produce that she then distributes to us after work hours, when we are all together on a work day. Our manager has recently told her that... View More

Nicholas Arthur Matlach
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answered on May 2, 2024

This situation raises several concerns. Here's a breakdown of some of the issues I see based on your description, but a more thorough analysis should be done by an attorney retained to help you navigate this tricky area:

Sharing Resources:

- Employer's Right to Interfere:...
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1 Answer | Asked in Contracts, Real Estate Law and Collections for Massachusetts on
Q: Could I get sued by a real estate agent for not paying their broker fee?

Myself and a friend are looking for a rental apartment in Boston. On of these listing sites, a real estate agent reached out to me offering to help me, without stating there was a fee for service or making me sign anything agreeing to a fee. We finally find a place we like and the agent send us a... View More

Nicholas Arthur Matlach
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answered on May 2, 2024

This is a difficult case, and one that should be reviewed by a licensed attorney experienced in handling contracts. Here are some considerations for your discussion with an attorney:

- Contractual Obligations: Whether you're bound to the "sight unseen" document depends on its...
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1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Can they place a bail on you if you get indicted, even though a bail in district court wasn’t set
Lissa McKinney
Lissa McKinney
answered on May 2, 2024

Yes. Even if you were out on personal recog in the District Court, the indictment is considered a 'change in circumstance' that will result in the higher/ Superior Court *reviewing bail. It does not mean that they will alter it, or that it will be too high to make. Bail is set based on... View More

1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Can someone secretly record me outside in massachusetts
Lissa McKinney
Lissa McKinney
answered on May 1, 2024

No one can secretly record AUDIO record a private person in MA. ( the rules are a bit different for public officials, police etc). Massachusetts is one of 12 consent states requiring consent of all parties to a recording. The issue is one of secrecy though. Making it clear that a recording is... View More

1 Answer | Asked in Education Law, Tax Law and Civil Rights for Massachusetts on
Q: Should I sue my school?

I attend a private high school in MA. The school has meetings that only members of certain races or ethnicities are allowed to attend. The school does not receive federal funds, but is a 501 (c)(3). Could I sue under code IRS 75-50 similar to Bob Jones vs US?

James L. Arrasmith
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answered on Apr 27, 2024

The case you referenced, Bob Jones University v. United States (1983), dealt with the IRS revoking the tax-exempt status of a private university due to its racially discriminatory policies. The Supreme Court ruled that the IRS could revoke the tax-exempt status of organizations that violate... View More

2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

James L. Arrasmith
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answered on Apr 27, 2024

In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More

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2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

Nina Whitehurst
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answered on Apr 26, 2024

At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I travel to puerto rico from the U.S. Virgin Islands on my work authorization permit while my I-485 is pending?

There’s customs in US virgin Islands

James L. Arrasmith
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answered on Apr 23, 2024

If you are a foreign national with a pending I-485 (Adjustment of Status) application and a valid work authorization permit (EAD), you should be able to travel between the U.S. Virgin Islands and Puerto Rico without affecting your pending I-485 application. This is because both Puerto Rico and the... View More

2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

James L. Arrasmith
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answered on Apr 21, 2024

When a corporation, such as an Inc., signs a legal document, the signature should be made by an authorized representative of the company. This is typically done by a corporate officer, such as the president, vice president, or secretary, who has been granted the authority to sign on behalf of the... View More

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2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

The corporation can authorize anyone to sign on its behalf. It could be an officer of the corporation like the president, a vice president, or treasurer. It could be an employee. It could even be someone who does not work for the corporation at all.

Typically, either the corporation...
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