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
What is disturbing the peace? Disturbing the Peace is a crime punishable in Massachusetts under M.G.L. c. 272, § 53. A first offensive could result in a fine of up to $150. A subsequent offense could lead to jail time of up to six months and/or a fi…
Read More
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
What is Resisting Arrest? In Massachusetts, under M.G.L. c. 268, §32B, a person can be convicted of Resisting Arrest. Resisting Arrest means knowingly preventing or attempting to prevent a police officer from making an arrest by using or threatening…
Read More
Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct
What is disorderly conduct? Disorderly Conduct, violent or tumultuous public behavior that causes inconvenience, annoyance, or alarm, is punishable in Massachusetts. Under M.G.L. c. 272, § 53 a first offensive could result in a fine of up to $150. A…
Read More
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
Tags: Bill Barabino, Burden of Proof, Criminal, Criminal Harassment, Defenses, Felony, Harassing Speech, Misdemeanor, Pattern of Conduct, Protected Speech, Susbstantial Emotional Distress, Wanton Conduct, Willfully and Maliciously
What is criminal intent? Many crimes require intent for conviction. Intent means being aware of the natural and probable consequences of an action. Specific intent is a conscious act with the determination of the mind to do it according to Commonweal…
Read More
What is entrapment? Entrapment occurs when a person who had no previous intention to violate the law is persuaded to commit a crime by a person working for the government. One case, Commonwealth v. Remedor, 52 Mass. App. Ct. 694, talks about the rule…
Read More
What is larceny by stealing? There are different types of larceny crimes. Under Massachusetts General Laws Chapter 266, Section 30 a person who intentionally takes the personal property of another can be convicted of Larceny by Stealing. What is larc…
Read More
What is forgery? A person who intentionally injures, defrauds, falsely makes, alters, forges, or counterfeits an official document can be punished under Chapter 267 of Massachusetts’ General Laws. To have forgery, something relating to a legal docu…
Read More
This post will answer some frequently asked questions on the legal defense of alibi. What is alibi evidence? Testimony suggesting that the defendant was not present at the place and time when the offense charged in the complaint is alleged to have oc…
Read More
