This blog post will answer some frequently asked questions on the legal concepts of excluded questions and stricken evidence. What does it mean to exclude evidence in court? During a trial, it is the duty of attorneys to object to evidence that may n…
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Can I go to jail if I do not speak to police? Recently, a client called concerned that she DID NOT respond to accusations from police when she was accused of shoplifting. While in the parking lot of a store she was confronted by police. The police wa…
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This post will answer some frequently asked questions on mug shots. What happens in court if police showed a witness a photo of the accused? If one of the witnesses in any given case testifies that the police showed the witness a photo of the defenda…
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Is a child’s testimony less reliable in court? In the end, it is the responsibility of jurors to determine whether, as with any witness, a child witness’s testimony is believable. In considering the testimony, jurors must consider not only th…
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What is duress? In some legal situations, duress may excuse a person’s committing of what otherwise would be a criminal offense. Duress is a form of coercion. It is constraint illegally exercised to force someone to perform an act. Massachusetts’…
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What is larceny by check? Above all, larceny by check involves obtaining goods or services by writing a check with knowledge of insufficient funds and with intent to defraud. Note that “larceny by stealing” is a different legal offense than larce…
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What is phone betting? A defendant is charged with the crime of “use of telephone for betting” when he or she unlawfully is (ONE OR MORE): Using a telephone Permitting a telephone …for betting purposes. What is the law on phone betting? Commonw…
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What is habeas corpus? “Habeas corpus” is a writ utilized to bring a person before a court, most frequently to ensure that a person’ s imprisonment or detention is not illegal. A writ is an order by a court requiring that something be done. Wha…
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What is animal cruelty? Under Massachusetts General Laws Chapter 272, Section 77 it is illegal to treat an animal with cruelty. Cruelty means inflicting severe or unnecessary pain upon an animal without any justifiable cause. The maximum penalty is s…
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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…
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