Search: harassing
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Harassing or Obscene Phone Calls

What is the law on harassing or obscene phone calls? Massachusetts law states: “Whoever telephones another person or causes a person to be telephoned, contacts another person by electronic communication, or causes a person to be contacted by electr… Read More
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Clerk DOES NOT ISSUE the Charge of Assault and Battery Against Client

June 10th 2021
Clerk Magistrate Hearing
Assault and Battery
Client was an all-around great person who was charged with Assault and Battery by Police. She had lived her entire life up to this point doing the right thing, working and raising her son and living her life. According to Police, she was in an establishment with her friend and husband when she was got into a fight with another woman who claimed that she was harassing her as well. That woman had filed a harassment order against client that Attorney Barabino represented that case successfully. However, with the Pandemic the criminal charge hearing was delayed, until today. In that hearing Attorney Barabino argued that the charge of Assault and Battery should not go forward. He presented two witnesses and exhibits showing that although client used force it was in self-defense. Also, Attorney Barabino also filed a three-page cross-complaint arguing that charges should be issued against the accuser. In the end, the decision makers listened carefully to the evidence determined that the charge should not issue. And Attorney Barabino withdrew the complaint against the other party as well.
RESULT: Clerk DOES NOT ISSUE the Charge of Assault and Battery Against Client

Complaint Dismissed, Harassment Prevention Order Does Not Issue  

March 3, 2020
Harassment Prevention Order
Clients were very pleasant, hard-working young ladies with no criminal records. Clients had a dispute with a former friend, and that friend alleged facts that were simply not true in complaint. According to accuser, clients were harassing her. Accuser presented some evidence, but it was not reliable and not enough for a harassment order to issue. Attorney Barabino took the case on, meeting for several hours with clients to plan approach and prepare witnesses. In court, several witnesses were called to discredit the testimony of the accuser. Attorney Barabino prepared a cross harassment order alleging that it was in fact the accuser who was the perpetrator of harassing actions. At the hearing, the judge listened to all the evidence and testimony and found that the accuser’s allegations did not rise to a sufficient level meriting issue of a harassment order. Accuser’s complaint was dismissed and her harassment order application denied.
RESULT: Complaint Dismissed, Harassment Prevention Order Does Not Issue

Annoying and Accosting Persons

ANNOYING AND ACCOSTING PERSONS How does the Commonwealth prove a defendant guilty of annoying or accosting a person? In order to prove a defendant guilty of annoying or accosting a person, the Commonwealth must prove the following four elements of th… Read More
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Identity Fraud

What is identity fraud? Massachusetts law states: “Whoever, with intent to defraud, poses as another person without the express authorization of that person and uses such person’s personal identifying information to obtain or attempt to obtain mo… Read More
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Lewd, Wanton, And Lascivious Act

LEWD, WANTON, AND LASCIVIOUS ACT In Massachusetts Sex Crimes is a broad category of criminal offenses. One such crime punishable under M.G.L. Chapter 272, Section 53 is Lewd, Wanton and Lascivious Act, or sexual touching in a public place that does n… Read More
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Unauthorized Transfer of Sound Recordings

What does the government have to show to prove that the defendant illegally transferred sound recordings? In order to prove a defendant guilty of the offense of unauthorized transfer of sound recordings, the Commonwealth must prove the following four… Read More
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Stalking

What is stalking? Massachusetts General Laws c. 265, § 43 punishes stalking, a threatening pattern of conduct or series of acts that seriously alarms or annoys a person or causes a reasonable person to suffer substantial emotional distress. What is… Read More
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Categories: Blog

Illegally Registering Bets

What is registering bets? To register bets legally means: Keeping a place for registering Keeping a place for buying or selling pools Being present AND involved in registering Being present AND involved in buying or selling pools What is the law on r… Read More
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Criminal Harassment

What is criminal harassment? Harassment can be a crime in Massachusetts and may result in a Harassment Prevention Order being issued. Under Massachusetts General Laws Chapter 265, Section 43A a person who engages in a knowing pattern of conduct or sp… Read More
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