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…
Massachusetts law makes it a serious felony to knowingly live off, derive support from, or share in the earnings of a person engaged in prostitution...
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How does someone willfully interfere with a fire fighting operation? To prove a defendant guilty of willfully interfering with a fire fighting operation, the Commonwealth must prove that: That the defendant obstructed, interfered with, or hindered a…
This post will answer some frequently asked questions on the crime of having the wrong license plate on a motor vehicle. What is attaching wrong plates to conceal identity? Under Commonwealth law, it is a crime to attach the wrong license plates to a…
How do I get a hardship license? Every person charged with an OUI/DWI charge wants to know, how soon it will take to get their license back. Attached is a Hardship Information Form that you can use for a guide to get you started. Also, you were find…
An “affray” is the fighting of people in a public place to the terror of the persons there. Engaging in an affray with another person is a crime under Commonwealth law. Note that nothing in the definition of affray prevents a defendant charged wi…
What are prior bad acts? When a defendant is not charged with committing any crime other than the charge or charges in the complaint, oftentimes there is mention of other acts allegedly done by the defendant separate from the crime in question. These…
G.L. c. 265, § 15D — A Separate Felony with Mandatory Batterer’s Intervention and Aggravating Factors Strangulation is not a new form of violence, but Massachusetts now treats it as a distinct felony under G.L. c. 265, § 15D. Before the statute…
How does the government prove that I did not use an ignition interlock device? In order to prove a defendant guilty of the offense of failing to have an ignition interlock device, the Commonwealth must prove all of the following beyond a reasonable d…
This post answers some frequently asked questions on business records in criminal law. How are business records considered at a criminal trial? Jurors may consider business material only when the Commonwealth proves all of the following beyond a reas…
