Jessica Day

State Bar of Massachusetts

Member

Current

Q. If I've decided to represent myself in a criminal matter, does that mean I can't later appeal if I misunderstood the law

April 24, 2018

A: Pro se litigants do not get a "free pass" if you will on court procedures. On appeal, you must have a qualified issue. This typically (but not always) will arise during trial when an objection has been made but was overruled. That issue, now preserved on the record, can be later used as a basis for an appeal.

Q. Hi i have cwaf for shoplifting and was arrested for larceny over and receiving stolen goods, whats likely to happen

April 2, 2018

A: A continuation without a finding means that the prosecutor can demonstrate that the accused engaged in the illegal activity. In exchange for a plea, the defendant is ordered to comply with certain conditions for a set period of time. If the defendant complies, after the period of time has been met, the case is dismissed. Without looking at your court paperwork its impossible to speak on the conditions, time frame, etc. and what to expect in August. You should retain legal counsel as soon as possible.

Q. Police legal protocol at overdose

March 19, 2018

A: Typically there is no crime scene exception to the search warrant requirement unless exigent circumstances exist. To establish authority to conduct a search based on exigent circumstances, law enforcement officials must demonstrate one or more of the following; threats to life or safety, the risk of immediate destruction or removal of evidence, or that there is a risk that the suspect will try to escape or is attempting to flee the scene.

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