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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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Children in Court

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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Duress Defense

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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Larceny by Check

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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Phone Betting

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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