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My question is whether or not the six-year statute of

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My question is whether...

My question is whether or not the six-year statute of limitations for bringing a criminal complaint under G.L. c.277, sec. 63 applies to undocumented immigrants?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Has anything been filed or reported?

Yes, an application for a criminal complaint

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's about it. Thanks.

Submitted: 1 month ago.Category: Legal
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3/7/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,377
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

The answer to your question is yes, this will apply to undocumented immigrants as well. All persons that commit a crime within the boundaries of the state or within the United States in general are going to be subject to its laws. An undocumented immigrant may not have all of the same protections as a documented immigrant or citizen; however, they are still subject to the same due process under the law if they have committed a crime. This means that they can be investigated, arrested, charged, and convicted of a crime and are also afforded the due process of having counsel and having their trial be speedy and public.

Thus, the answer to your question is yes, because the laws apply to all people regardless of their immigration status, the statute of limitations will apply.

How else can I help today?

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Customer reply replied 1 month ago
Can you provide me with legal authority as the basis for your answer that the six year statute of limitations in Massachusetts under General Law Chapter 277, section 63 does apply to undocumented immigrants?
Customer reply replied 1 month ago
I would rather have your response in writing.
Lawyer: Legal Eagle, Lawyer replied 1 month ago

All persons in the U.S. are subject to the U.S. Constitution. But what I think may be of more help is if you could shed some background on this situation for me so I can answer your question more precisely.

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Customer reply replied 1 month ago
It's complicated. I just need some legal authority as the basis for your answer. Are there any cases or statutes that address that the six year statute of limitations I referred to applies I to undocumented immigrants?
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Understood, in the US Supreme Court case of Zadvydas v. Davis (2001), they said that due process (which includes whether the statute of limitations applies to a crime) applies to all aliens in the United States whose presence maybe or is "unlawful, involuntary or transitory."

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

To help you further understand, this stems from the 14th Amendment that says that due process applies to all people. After the Civil War, many former slaves were denied equal treatment under the law because they were still considered property. The 14th Amendment claimed that any person, any person, in the US is subject to due process, meaning that anything from voting to gun rights applied to them equally. With undocumented immigrants, the 14th Amendment has been upheld and was affirmed in the Davis case. Did you have any other questions for me regarding this?

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Customer reply replied 1 month ago
I didn't see anything about statute of limitations in the ZADVYDAS case except ninety days for deportation. It looks like it is all about deportation not filing charges. Anything about six year statute of filing criminal chargers? Please be more specific. Any Massachusetts cases on this issue?
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'll tell you what, in my experience, there is probably not going to be any case law regarding undocumented immigrants in Massachusetts. Even if there was, unfortunately, it means that I would have to conduct several hours of research and that would probably run at least $1,000. The short answer to your question about this is I don't know, but I doubt. Regardless, let me opt out of this discussion and let another expert who may have better access find this for you, but I would strongly recommend that you hire an attorney to conduct the in-depth research you need.

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Lawyer: Ely, Counselor at Law replied 1 month ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,504
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Your previous expert has opted out and I have opted in. The previous expert's citation of Zadvydas v. Davis is correct. That case basically affirms that undocumented aliens are subject to the same statutory law requirements as anyone else. But let's dig deeper - is there any Massachusetts law that confirms Zadvydas? Yes. See:

Neverson v. Bissonnette, 261 F. 3d*****of Appeals, 1st Circuit 2001

The 1st Circuit covers Massachusetts.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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