What is operating without a license? Operating without a license is a fairly common criminal offense. Oftentimes, the offense involves someone whose license lapsed or never had a valid US license. Generally speaking, when these cases come to court an…
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…
What happens if you are arrested with a dangerous weapon? Under Massachusetts law, a defendant can be charged with carrying a dangerous weapon on his or her person, under his or her control in a vehicle, or when he or she was arrested on a warrant fo…
What is lawful gun storage? A safety device is properly engaged if it renders the firearm, rifle, or shotgun inoperable by any person other than the owner or other lawfully authorized user. Moreover, to qualify as a securely locked container, the con…
What is a school zone violation? Under Massachusetts General Laws Chapter 94C, Section 32J there is a mandatory term of imprisonment for school zone violations. A school zone violation occurs when a person commits a drug crime within 300 feet of a sc…
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…
What is Larceny from the Person? In Massachusetts we define larceny, or stealing, in different ways. For example, M.G.L. c. 266, § 25(b) is the statute for Larceny from the Person, or the wrongful and permanent taking of personal property from the p…
Why do lawyers object? It is their job! It is the duty of all lawyers to object when the other side in a criminal proceeding presents evidence that that lawyer believes is NOT admissible under the rules of evidence of the court. Unfair evidence admit…
What is a prisoner? A prisoner is a person in custody in a penal institution or correctional institution or a jail, in accordance with law. What is the crime of escape? Escape means leaving confinement without permission. What is the difference betwe…
What is an unrecorded custodial interrogation? In court, lawyers can present evidence that there was no recording of a complete interrogation. The Supreme Judicial Court prefers recorded interrogations of a person taken into custody. A custodial inte…
