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Massachusetts Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: im on probation, im 16 in Massachusetts. my mother treats me bad can i move in with my friend over 18

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James L. Arrasmith
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answered on Dec 25, 2023

In Massachusetts, while you're on probation at the age of 16, you generally cannot simply move out of your parent or guardian's home without their consent. Your legal guardian, in this case, your mother, has the authority to make decisions about your residence and care. If you're... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Massachusetts on
Q: Do I need a gun license to purchase a blank gun in the state of Massachusetts?
James L. Arrasmith
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answered on Dec 23, 2023

In Massachusetts, the laws regarding the purchase and possession of blank guns (also known as starter pistols or prop guns) can be somewhat complex. Generally, blank guns are not considered firearms under state law because they cannot discharge a projectile. However, the appearance and... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: How to go about taking EX off property, he refused to make mortgage payments for the past 6 years.

I own a home together with my EX partner in Massachusetts who I have a permanent restraining order against, we were never married. We have minor children together. I have been the only one making payments for our mortgage for over 6 years because my EX refused to pay any mortgage payments for 6... View More

James L. Arrasmith
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answered on Dec 19, 2023

In Massachusetts, removing an ex-partner's name from a property title, especially when there are disagreements, can be complex. Since both of you jointly own the home, both parties must agree to any changes in ownership or refinancing. If your ex is not cooperating, you might need to take... View More

1 Answer | Asked in Securities Law for Massachusetts on
Q: My advisor assured me that I would receive my funds within 3 Bus. days for a closing, did not get funds for 7 Bus. days?

In July I spoke to my financial advisor about money I rec'd from an inheritance and I told him that I wasn't sure what to do as I was looking for a vacation home and would need it immediately should I find something. I did not ask the type of account he was putting it in as I trusted... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation, it appears that there may have been a failure on the part of your financial advisor to meet the expectations set for the management of your inheritance funds. The delay in accessing your funds and the resultant financial loss are concerning, especially given your clear... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: We can no longer care for our adult disabled son need someone to be guardian need help
James L. Arrasmith
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answered on Dec 14, 2023

If you're in a situation where you can no longer care for your adult disabled son and are seeking a guardian, the first step is to understand the legal process for guardianship in Massachusetts. Guardianship involves a court appointing an individual or organization to make decisions for an... View More

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: NRS 484B.400 – Making an Improper Turn – Made Left Got a citation and fault is on me. what options i got. New Driver

NRS 484B.400 – Making an Improper Turn – Made left tirn from a straight lane and a truck hit me

Got a citation and fault is on me. what options i got. New Driver

Lissa McKinney
Lissa McKinney
answered on Dec 9, 2023

Sorry this happened to you so soon after getting your license. Your options are spelled out on the back of the ticket. You wll want to make a clear, darkened legible copy in case you see a lawyer. Sign it and put in to go to a clerk's hearing. The hearing is a 2 step process. First whether... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can my spouse sell the house without my consent? Only his name is on the deed, he bought the house after we got married

He bought the house after we got married in Massachusetts. My name is not on the deed.

Brian Waller
Brian Waller
answered on Dec 9, 2023

If a divorce has been filed, he would be prohibited from selling the property without your agreement or an order of the court based on the automatic restraining order (Rule 411). It would be a good idea to file for divorce ASAP if you haven't yet, you could ask the court to prevent him from... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can I file a divorce completely online without having to go to court if my partner is in agreement with the divorce?

We have no children, property, assets or bank accounts together so I was wondering if we could file the paperwork electronically or by mail and skip the in person court process since we don’t have anything to split up between each other, thank you

Brian Waller
Brian Waller
answered on Dec 9, 2023

You can e-file all the required documents with the court, then the court will typically schedule you for a Zoom hearing. The e-filing system isn't entirely intuitive, but if you are somewhat tech-savvy you will be able to figure it out. You can also mail the documents to the courthouse instead... View More

1 Answer | Asked in Constitutional Law for Massachusetts on
Q: I am trying to determine if I can legally own a firearm after a hospitalization for depression.

Seven years ago I was involuntarily admitted to a mental facility due to severe depression. I am not sure if this meets the definition of being “committed to a mental hospital” which prohibits you from owning a firearm. My confusion lies in whether the legal system was ever involved. When I was... View More

James L. Arrasmith
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answered on Dec 6, 2023

In Massachusetts, the definition of being "committed to a mental institution" can impact your eligibility to legally own a firearm. If your hospitalization for depression was an involuntary commitment, it might meet this definition, depending on the specific circumstances and whether it... View More

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Massachusetts on
Q: What is the criteria a psychologist/medical professional must meet in order to involuntarily commit an adult in MA?

What must a patient present with or say before a psychologist or physician can involuntarily commit a patient? In one case, would simply stating suicidal ideation or self harm enough or must they have an active plan to hurt themselves or others? Are there strict standards or is it up to the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Massachusetts, the criteria for a psychologist or medical professional to involuntarily commit an adult are specific and must be met with due diligence. A patient can be involuntarily committed if they are deemed to pose a risk of serious harm due to mental illness. This risk can be due to... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: In Massachusetts it is illegal to record someone without everyone involved consent. But what about for bullying..

What if it is in a public place and it is to prove bullying (sadly I mean adults, not children). Is it still illegal? Thank you

James L. Arrasmith
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answered on Dec 5, 2023

In Massachusetts, the law generally requires all-party consent for recording private conversations. However, the legality of recording in public spaces, especially for the purpose of documenting bullying, can be a bit more complex.

The key factor is the expectation of privacy. In public...
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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I have primary physical custody of my daughter, mom has joint. Mom gets daughter fri-Sun and refusing to return Now what

Mom posted on Facebook Thur she was looking for a custody attorney. Daughter went for her weekend visit and mom is now refusing to return daughter. Claiming my daughter is scared to come home because daughter supposably said I hit her. (Which I didn’t). She is court ordered to return my daughter... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 4, 2023

If the allegation is untrue then a Contempt Complaint and Emergency Motion for Orders to Return the child and Affidavit in Support could be filed by you and perhaps also seeking the appointment of a Guardian Ad Litem to investigate and report to the Court with respect to what is happening with the... View More

Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
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answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
James L. Arrasmith
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answered on Dec 3, 2023

In Massachusetts, employment is generally at-will, which means an employer can terminate an employee for any reason or no reason at all, as long as the reason is not illegal. However, being arrested and having a trial that ends in a not guilty verdict doesn't automatically protect you from... View More

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1 Answer | Asked in Consumer Law for Massachusetts on
Q: Can auto manufacturers change the window sticker of a vehicle already on a lot to increase the price?

My new truck had an online sticker price of $67070, when I picked it up the window sticker in the glove box said $65380. FCA RAM LLC allows customers to lookup stickers online, when I did this it said $67070. The VIN is the same on both stickers, they decided at some point to change the price... View More

James L. Arrasmith
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answered on Nov 30, 2023

In Massachusetts, the situation you described regarding the changing of a vehicle's window sticker price is not typical and raises several legal questions. Vehicle pricing, especially for new vehicles, is generally expected to be transparent and consistent.

The window sticker, often...
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1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on
Q: Can a prohibited person carry an Antique firearm in Massachusetts? What about possessing the ammunition?

I know you need an LTC to purchase the powder and ammunition but what about possessing it?

James L. Arrasmith
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answered on Nov 29, 2023

In Massachusetts, the laws regarding firearms can be quite specific. A prohibited person typically is not allowed to carry or possess any firearm, including antique firearms. However, under Massachusetts law, certain antique firearms may not be classified in the same way as modern firearms.... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: I was victimized in a foreign country. 3 years later I was ejected from it. did that stop statute of limitations clock?

I was a university professor in a foreign country. I was the target of several criminal actions and several other possible ones. Two to three years later -- in 2008 -- I was pushed out of the country in a process that might itself have been illegal [I was ejected from a hospital]. It is now 15... View More

Thomas Shack III
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answered on Nov 28, 2023

Whether being forced out of another country would toll the statute of limitations depends on the specific laws of the country/jurisdiction in question. There may be no statute of limitations at all for certain crimes/claims in the other country. If the alleged crimes were committed in the United... View More

1 Answer | Asked in Education Law for Massachusetts on
Q: Can a school place you in Special Education without parental consent?

I was placed in specialed without consent from my parents. I was never given iep or evaluated... Please help

Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

A school can place a child in special education, without parental consent. However, they need to give the parent prior written notice and if the parent does not consent they need to take the matter to an administrative procedure called Educational Due Process Hearing. There the school district... View More

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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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

Lissa McKinney
Lissa McKinney
answered on Dec 9, 2023

You might want to have a lawyer involved to effectively press the Mashpee Police Department and secure some justice here. Otherwise, please obtain a copy of the police report you filed and go to the local District Court for jurisdiction of Mashpee, Falmouth District Court. There you will go to the... View More

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