Lissa McKinney

Lissa McKinney graduated Suffolk University (1981) and Suffolk University Law School (1984) and started as a trial lawyer with the Committee for Public Counsel Services in Worcester and Boston. Her courtroom and trial experience spans 40 years and more than 1,000 bench or jury trials, probable cause hearings, restraining order hearings and evidentiary hearings. Lissa's practice concentrates on labor and employment law, personal injury, consumer fraud complaints, administrative hearings, and ALL matters of criminal defense.Out of the courtroom, she represent clients at the Registry of Motor Vehicles, Department of Employment and Training, DSS Fair Hearings, disciplinary hearings of licensed occupations, and firearms licensing appeals.

McKinney was an Adjunct Clinical Trial Practice Instructor at Suffolk University Law School where she supervised third year law students providing indigent criminal defense. She served as Staff Attorney for Suffolk Lawyers for Justice (SLJ), the Suffolk County bar advocate program assuring the quality of lawyers representing indigent criminal defendants. McKinney has also been a lecturer at various educational seminars sponsored by Massachusetts Continuing Legal Education (MCLE), the Boston Bar Association, Suffolk County Bar Advocate Program, Suffolk Lawyers for Justice, and the Committee for Public Counsel Services, such as: District Court Bar Advocate Training; Essential Rules of Criminal Procedure; Trying Drug Cases in Massachusetts; Emerging Areas of Criminal Practice; Hot Tips for Trying Criminal Cases, Probation Violation Proceedings; Defending on a Shoestring; Pre-Trial Conference Rules; Evidence-Getting It In and Keeping It Out.

Lissa is a member of the Massachusetts Bar, the U.S. District Court for the First Circuit, & the Florida Bar,
Membership: Massachusetts Association of Criminal Defense Lawyers (MACDL); Massachusetts Academy of Trial Attorneys (MATA).

• Free Consultation
  Free consultation for the first 45-60 minutes.Fees for review and assessment beyond consultation are addressed during consultation.
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• Contingent Fees
  Contingent fees are accepted for personal injury cases such as motor vehicle accidents, property accident and related torts.
• Rates, Retainers and Additional Information
  Consumer law cases brought under MGL ch. 93A will include a claim for attorney fees. Efforts to recover costs and fees are always made in these cases, but not guaranteed. Accordingly, attorney fees on an hourly basis are billed pending resolution and recovery of fees.

Florida

Since 1987

Massachusetts

Since 1985

Member

Massachusetts Association of Criminal Defense Lawyers

Current

Member

Massachusetts Academy of Trial Attorneys

Current

Suffolk University Law School

J.D. (1984) | Criminal law, student lawyer clinical program, labor and employment

1981 - 1984

Massachusetts Association of Criminal Defense Lawyers (MACDL)

Member

Current

Massachusetts Academy of Trial Attorney's

Member

Current

Florida State Bar  # 642540

Member

1987 - Current

Massachusetts State Bar  # 544172

Member

1985 - Current

Probation Surrenders, Boston

Suffolk Lawyers for Justice (SLJ)

Evidence: Getting it in-Keeping it Out, Boston

Suffolk Lawyers for Justice (SLJ)

Pre-Trial Conference Rules, Boston

Suffolk Lawyers for Justice (SLJ)

Defending on a Shoestring, Boston

Suffolk Lawyers for Justice (SLJ)

Essential Rules of Criminal Procedure, Boston

Boston Bar Association

Q. What should I do after receiving a notice for a magistrate's hearing for assault and battery in MA?

May 16, 2025

A: A & B is a misdemeanor, and you are entitled to have this preliminary hearing. The law states that you are entitled to be heard personally, or through counsel. Usually an attorney would relate all the information to the clerk that you would otherwise testify to. However, some clerks might prefer testimony, and it varies from Court to Court.

The clerk's hearing is really a two (2) part process. The first part is ordinarily presented by a police prosecutor to the clerk, and is presented so the clerk can determine whether there is probable cause "PC" to believe you committed a crime. The clerk may have questions about the facts or the report as well. Then the proceeding shifts to you and/or your lawyer to "show cause" why a complaint against you should not issue. This is where your lawyer will present any favorable information aout you to the clerk, such as lack of prior criminal record, good student, hard working, involved in the community etc.

You are describing a situation where you are accused and a "Defendant" but also where you are a victim or "Complainant" as to the other person accused. This becomes a bit trickier to navigate without a lawyer. IF you testify against the other party, you are effectively waiving your 5th Amendment rights not to incriminate yourself as to any offense. And these are recorded proceedings. If you decline to testify to protect your own rights and the other person testifies, then the case against you might go forward. Sometimes lawyers get involved and all parties assert the 5th A right and decline to testify so that all the charges are resolved. Depending on other evidence, the charges could be dropped or negotiated. Clerk's hearings present an opportunity to shape the charge or have it resolved or even dismissed before it gets onto any official criminal record. Clerk's have broad discretion how they manage these hearings, and we know how to advocate in them.

Because it is an important first step in the criminal process, you should get a lawyer involved before the clerk's hearing. You may be able to obtain a dismissal or even diversion if you have no record at this level at all. You might also be eligible to be 'diverted' out of the criminal process before arraignment, even if the clerk found PC. In April,2018 the governor signed a lot of new legislation so that 1st time offenders and young adults could be diverted- which means no criminal record at all.

This is where an experienced lawyer can make a real difference.There are many of us here on Justia that handle these all the time, and also offer complimentary consultations. The possibilities for resolution for you largely depend on the court, the knowledge and experience of your lawyer, and their negotiating skills. Good luck- ... Read More

Q. Officer threatened me during a traffic stop; seeking damages and accountability.

April 14, 2025

A: This seems pretty outrageous as you describe it! There are other ways to press the complaint, epending on how you already went about it, which you do not describe. You can also file a complaint at the POST Commission here: https://policecomplaints.mass.gov/complaint and let them look into it, or write up the chronology and file a complaint with the Town Manager if the police dept did not take it seriously. One thing you may want to consider is whether you live in the community where this officer acted, or drive through it, or are likley to bump into him again. If any of those things might happen, I suggest you speak to an attorney 1st to determine if there are any pitfalls to filing a formal complaint. If you have no risk at all, file at POST, and with the Town/Mayor?Manager too so they understand that aggressive behavior by law enforcement is a community responsibility. Good luck. Great that you had dashboard cams! ... Read More

Q. Can an undocumented immigrant be deported for driving without a license in Massachusetts?

March 24, 2025

A: Well, no one can guarantee that they wont be in the building, but ordinarily an immigrant would not be deported for a misdemeanor motor vehicle offense. It might matter what Court you are going to- it is possible Ice is more in attendance at larger busier courts....they can't be everywhere. However you weigh and measure the risk, it is worse if you do not go. If you fail to appear, a warrant will issue for your arrest, and that warrant gives any law enforcement officer the right to stop and arrest you. You should have attended the clerk's hearing usually offered and then it wouldnot have got to an arraignment. Do you have any license from your own country? can you get a permit or license before Court or start the process so itlook sbetter? Most likely your case would be negotiated at arraignment and dismissed on payment of Court costs. Not going escalates the risk to you substantially. If you want to walk in and walk out, going to Court on your own is the best way. If you can afford an attorney maybe it will make you feel better to be in Court with your own lawyer? only you can answer that, but there are many of us on this list that do these cases all the time. I am sure it is frightening to think about, but having a warrant is far worse from an immigration standpoint- Good luck ... Read More