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What is an affray?

What is an affray? 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 d…
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Prior Bad Acts

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…
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Strangulation Crime

Strangulation isn’t a new concept. We are all aware of it. However, the laws surrounding the acts have changed. In the past, someone accused of it faced assault and battery or attempted murder. Now, the Commonwealth has a separate crime called…
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Ignition Interlock Device

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…
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Business Records

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…
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Joint Representation

This post will answers some frequently asked questions on the legal concept of joint representation. What is joint representation? Joint representation means the same attorney is representing several defendants. This does NOT mean that jurors are to…
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Court Interpreters

This post will answer some frequently asked questions about court interpreters. Why are there interpreters in court? The purpose of using an interpreter is to help the court communicate. The interpreter’s role is to interpret what others say so tha…
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Excluded and Stricken Evidence

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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Admission by Silence

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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Mug Shots Explained

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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