» Arraignment

What Happens When I'm Arrested?

October 17th, 2019
Posted By
William Barabino
When you get arrested the police will put handcuffs on you and place you in the back of a police car. They then take you to a local police station in the city or town where you were arrested. If you are being arrested by the State Police, they will t… Read More
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Categories: Blog
Tags: Arraignment, Police Process, What happens when you get arrested

Bail Jumping

December 8th, 2018
Posted By
William Barabino
What is bail jumping? Bail Jumping. Under Massachusetts’s law, a defendant failing to appear in court after released on bail is committing a crime. Massachusetts law specifically states that: “A person who is released by court order or other lawf… Read More
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Categories: Blog
Tags: Arraignment, Bail Bondsman, Bail Jumping, Burden of Proof, Dismissal, Proof Beyond a Reasonable Doubt

What does a Jury See?

December 1st, 2018
Posted By
William Barabino
Does a jury see everything? The short answer is no. Often times courts sanitize or redact evidence. Normally, the attorney and the district attorney will discuss and either agree to the limit what the jury can see and not see. And if the parties can&… Read More
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Categories: Blog
Tags: Arraignment, Burden of Proof, Criminal, Defenses, Dismissal, Evidence, Evidence with Redacted Material, General Intent, Misdemeanor, Proof Beyond a Reasonable Doubt

Admission by Silence

September 29th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Admission by Silence, Arraignment, Civil, Criminal, Dismissed, Evidence, Felony, General Intent, Indecent Assault, Proof Beyond a Reasonable Doubt

Duress Defense

September 29th, 2018
Posted By
William Barabino
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’… Read More
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Categories: Blog
Tags: Arraignment, Bill Barabino, Criminal, Defenses, Duress, Felony, Immigration Consequences, Indecent Assault, Misdemeanor

Animal Cruelty

August 6th, 2018
Posted By
William Barabino
What is animal cruelty? Under Massachusetts General Laws Chapter 272, Section 77 it is illegal to treat an animal with cruelty. Cruelty means inflicting severe or unnecessary pain upon an animal without any justifiable cause. The maximum penalty is s… Read More
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Categories: Blog
Tags: Arraignment, Arrest, Bill Barabino, Cruelty to Animals, Defenses, Dismissal

Intimidate a Witness

August 1st, 2018
Posted By
William Barabino
Is it illegal to intimidate a witness? Yes. A person who is threatens, attempts to physically harm, or harasses a witness can be charged with Witness Intimidation under M.G.L. c. 268, § 13B. Conviction could result in 10 years imprisonment or a fine… Read More
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Categories: Blog
Tags: Arraignment, Criminal, Defenses, Intimidation of a witness, Investigation, Misdemeanor, Obstruction of Justice, Specific Intent

Knowledge in Criminal Law

July 26th, 2018
Posted By
William Barabino
What is knowledge in criminal law? A perception of the facts required for a crime is knowledge in criminal law. It is the burden of the Commonwealth to prove beyond a reasonable doubt that at the time of the offense the defendant knew something. This… Read More
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Categories: Blog
Tags: Arraignment, Burden of Proof, Crime, Criminal, Diversion, General Intent, Intent, Knowledge, Wanton Conduct

Shoplifting

July 25th, 2018
Posted By
William Barabino
What does the law say on shoplifting? Massachusetts law states: “Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale by a… Read More
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Categories: Blog
Tags: Arraignment, Dismissal, Dismissed, Diversion, General Intent, Immigration Consequences, Magistrate, penalty, Registry of Motor Vehicles, Self Defense, Self Defense of Another, Self Defense of Property, Shoplifting, Stealing, Wanton Conduct

Harassing or Obscene Phone Calls

July 25th, 2018
Posted By
William Barabino
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
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Categories: Blog
Tags: Arraignment, Arrest, Felonies, General Intent, Harassment or Obscene, Immigration Consequences, Phone Calls, Proof Beyond a Reasonable Doubt
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