in massachusetts when a crime is reported to a lawyer the lawyer has to call the police

What if the police arrest the abuser?

Mar 10, 2022 · Woburn, MA – March 10: Hugh Samson (R) of Nahant, and his lawyer Kevin Mitchell, faced a Clerk Magistrate on charges against him for threatening the staff of the Mass. GOP offices on March 10 ...

How do police investigate a crime?

The first thing you want to do is to successfully defeat the issuance of the restraining order (RO). In Massachusetts chapter 209A is a civil/criminal hybrid law. In other words it is a civil procedure to obtain a restraining order but a violation of it can result in criminal sanctions.

What should I do if I get a phone message from a police officer asking to speak to me about a crime?

Kenniston v. Dept. of Youth Services, 453 Mass. 179 (2009) The SJC held that the law permitting DYS to hold 18 year olds for an additional 3 years if they "would be physically dangerous to the public" ( G. L. c. 120, §§ 17-19) is unconstitutional "because it violates substantive due …

How does the clerk-magistrate decide if a crime happened?

Lynn, MA Crime Rate. Lynn has, unfortunately, one of the highest crime rates in the entire country, averaging nearly seven murders per year. It also suffers, reportedly, from an extremely high rate of automobile theft. Kevin J. Mahoney is a Boston, MA Criminal Attorney. Call us at 617-492-0055 to schedule a free in-office consultation with us. TOP

What is a legal matter when a crime is involved?

Criminal law, as distinguished from civil law, is a system of laws concerned with punishment of individuals who commit crimes. Thus, where in a civil case two individuals dispute their rights, a criminal prosecution involves the government deciding whether to punish an individual for either an act or an omission.

Is it a legal requirement to give police your name?

You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.

What is the punishment for filing a false police report in Massachusetts?

Making a false report to a police officer is punishable by imprisonment in the jail or house of correction for up to one year or by a fine of between $100 and $500 or by both imprisonment and the fine.

Does a passenger have to show ID in Massachusetts?

If you are a passenger in a motor vehicle Massachusetts law requires anyone operating or in charge of a motor vehicle to identify themselves or be subjected to a fine.

What happens if you refuse to give police your name?

You don't have to provide an explanation of your behaviour or a statement, however. If you refuse to provide your name, address, date and place of birth and nationality after you have been told by the police why they have stopped to question you this refusal is an offence you could be arrested and charged for.

What is a Section 17 police?

E+W. (1)Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose— (a)of executing— (i)a warrant of arrest issued in connection with or arising out of criminal proceedings; or.

Can you go to jail for false accusations in Massachusetts?

In MA, it is a misdemeanor to knowingly report false information to police. In addition to up to one year in jail, you may also face a civil lawsuit for falsely accusing another person of a crime. False accusations can result in emotional distress and suffering on the part of the person being accused.Mar 23, 2017

Can an unmarked police car pull you over in Massachusetts?

Police officers in unmarked cars can pull motorists over but must always use both a red flashing light and siren for a traffic stop. Officers in unmarked cars cannot pull you over for petty traffic offenses; only police on undercover investigations or otherwise confidential duties can drive unmarked cars.Jan 29, 2022

Do I have to answer police questions?

You do not have to answer any police questions. But if you are suspected of committing a crime, this may give the police grounds to arrest you. The police cannot search you or your property unless they have a valid search warrant.May 14, 2021

Is there a no chase law in Massachusetts?

Pursuit with Passengers Prohibited: Officers shall not engage in a pursuit when their vehicle is occupied by prisoners, suspects, complainants, witnesses or any other persons not on duty either as police officers for the City of Boston or for another law enforcement agency working with or assisting the Department.Apr 29, 2013

Charged with Filing a False Police Report? Our Brockton Defense Attorneys Can Help

Our knowledgeable and experienced Massachusetts attorneys at The are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Weymouth, Quincy, Hingham, Marshfield, Plymouth, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts.

Talk With a Greater Boston Area Misdemeanor and Felony Crimes Defense Attorney for Free

Sometimes, people make mistakes or have misunderstandings that can lead to filing a false police report. A parent, worried about a child’s whereabouts may omit or exaggerate information hoping to gain faster response time from police to look for their missing child.

What time do you call a lawyer?

Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

What is chapter 209A?

The first thing you want to do is to successfully defeat the issuance of the restraining order (RO). In Massachusetts chapter 209A is a civil/criminal hybrid law. In other words it is a civil procedure to obtain a restraining order but a violation of it can result in criminal sanctions.

Can you surrender a prescription for probation?

Your prescription should be a defense to a probation surrender, but if matters cannot be cleared up with probation you should ask for a hearing before the judge to clarify your right to take this medication.

What happens if your neighbor takes possession of your package?

If your neighbor has taken possession of a package intended for delivery to you with your name and address on it, they may have interrupt ed the chain of custody . You will have a valid defense to any charge relating to this package. As for your history of deliveries, any prosecution would have to be in the form of conspiracy, assuming there is no longer any physical... Read More

Does a landlord have an obligation to provide a secure living environment?

Your landlord has an obligation to provide you with a secure living environment -- a place that has working locks, etc. Your landlord also has an obligation to not cause any interference with your quiet enjoyment of the premises by negligently failing to provide a secure living environment. If you have notified your landlord of an issue with the premises, and (s)he... Read More

Can you be released on personal recognizance if you are arrested?

If someone is arrested and has other cases pending at the time, they can have their right to be released on their previously posted bail (or on their personal recognizance) revoked with regard to the pending case. Meanwhile, the court can set bail or release on personal recognizance on the new case. It sounds like this is what was going on with your... Read More

Can you get a license to carry with a seal in Massachusetts?

Having your records sealed will not likely have any effect upon getting a license to carry. Law enforcement and the criminal justice system is able to see through a seal in Massachusetts. I have no idea how this is handled in any other state. You would have to check with attorneys in the states that you are referring to.... Read More

Selected cases

Comm. v. Baez, 480 Mass. 328 (2018)#N#Juvenile offenses can be used as predicate offenses for enhanced penalties.

Sentencing

Comm. v. Perez, (Perez I) 477 Mass. 677 (2017)#N#"Where a juvenile is sentenced for a nonmurder offense or offenses and the aggregate time to be served prior to parole eligibility exceeds that applicable to a juvenile convicted of murder, the sentence cannot be reconciled with art.

Web sources

Child Requiring Assistance cases, Mass. Juvenile Court.#N#Find out what will happen in court, who may be involved, and what your rights are as a parent, legal guardian, or custodian in a Child Requiring Assistance (CRA) case.

Cambridge Drug Crimes Lawyer

If you have been charged with a misdemeanor or felony in the Lynn District Court, it may be a confusing and fearful time for you. To meet the challenge of being prosecuted, you need an experienced, professional and aggressive criminal defense lawyer — who is well known and respected in the Lynn District Court. Lynn Criminal Defense Lawyer Kevin J.

Defending Drug Distribution and Trafficking in Lynn District Court

If you have been charged with a misdemeanor or felony in the Lynn District Court, it may be a confusing and fearful time for you. To meet the challenge of being prosecuted, you need an experienced, professional and aggressive criminal defense lawyer — who is well known and respected in the Lynn District Court. Lynn Criminal Defense Lawyer Kevin J.

Massachusetts Breaking and Entering Defense Lawyer

In most breaking & entering or home invasion cases, unless the police apprehend the person in the act, recover stolen items from the accused or his residence, or beguile a suspect into confessing, there may be little compelling evidence connecting the accused to the crime.

Retain an Experienced Criminal Defense Lawyer

Massachusetts Criminal Attorney Kevin J. Mahoney has successfully defended several individuals accused of breaking & entering, home invasion and trespassing.

Results

Commonwealth vs. D.M., S. Boston District Court#N#B&E – Dismissed#N#B&E – Dismissed#N#B&E – Dismissed#N#B&E – Dismissed

What does a clerk magistrate do?

If the clerk magistrate decides that there is not enough information to know if a crime happened, they will not issue a complaint.

What is a show cause hearing?

The hearing is called a "show cause" hearing. The show cause hearing is to see if there are enough facts to show that what happened was a crime. The hearing may not be in a courtroom. It may be in a very small room. The court will ask the abusive person to go to the hearing. The abusive person may be at the hearing.

Why do people hire lawyers?

Most people look to hire a lawyer after they have been arrested and charged with a crime. But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all. This can happen in situations where police are conducting an investigation into a possible crime.

Can you talk to police without a lawyer?

That can be dangerous, and is also very often not in your best interest. It’s Simple. Do Not Agree to Talk To Police Without a Lawyer. Just don’ t.

Should I speak to the police?

I recommend that you should not speak to the police on any criminal investigation all without an attorney. Remember, you are never obligated to talk to the police. But they may keep calling if they want to question you, for whatever reason. They can come to your home, or your work and the continuous requests and contacts they make can be quite ...

What is the process of a criminal case?

Cases that begin with a complaint are usually followed by sending officers to the crime scene, or to interview and take custody of the individual who's being charged. Officers interview witnesses and gather physical evidence, if any, and summarize their efforts in their field notes.

Why is the period between arrest and filing of formal charges the greatest danger period?

The period between the arrest and filing of formal charges represents the greatest danger period because many people have a hazy concept of their legal rights during this time. A person under arrest must confirm their identity, but they don't have to answer questions nor allow searches of their property unless police have a search warrant.

What is confidential informant?

Confidential Informant Narcotic Arrest Procedures. Dealing with the criminal justice system can be a frightening and overwhelming experience, even when an individual isn't facing the threat of an arrest. Being investigated can be even more stressful because police aren't obligated to explain themselves until their investigation is completed ...

What is the first step in an investigation?

Investigations Begin with a Verbal or Written Complaint. Investigations typically begin with the filing of a verbal or written complaint when police aren't called to the scene of an active crime, in which case an arrest might be made immediately and a complaint and investigation would follow. Cases that begin with a complaint are usually followed ...

What happens if you get an arrest warrant?

Arrests and Hearings. If an arrest warrant is issued, the police will detain the suspect until he or she posts bond. A court can order the suspect held without bail in serious cases. The suspect is brought in for a hearing often referred to as an arraignment, at which time the charges against him are read.

What are the Miranda rights?

Generations of TV cop show dramas have made viewers familiar with the Miranda rights warnings, which advise suspects of their right to remain silent and to have an attorney present during questioning. This warning won't be given until after an arrest, however, and before police or investigators begin questioning.