» Criminal

Use of Vehicle Without Authority

USE OF VEHICLE WITHOUT AUTHORITY Massachusetts General Laws Chapter 90, Section 24(2)(a) punishes people who use a motor vehicle without authority knowing that doing so is unauthorized. An important element to this offense is knowledge—a person mus… Read More
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What a Jury Sees

Does a Jury See Everything? What a Jury Sees: 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 i… Read More
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Admission by Silence

ADMISSION BY SILENCE Admission by Silence. 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 walke… Read More
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Duress as a Legal Concept

DURESS What is the legal concept of “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 t… Read More
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Intimidate a Witness

INTIMIDATE A WITNESS 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 between $1000 and $500… Read More
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Knowledge in Criminal Law

KNOWLEDGE Legally speaking, what is “knowledge” and how do jurors evaluate it in a criminal case? A perception of the facts required for a crime is “knowledge” in criminal law. Above all, it is the burden of the Commonwealth to prove… Read More
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Disturbing the Peace

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 fine of $20… Read More
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Criminal Harassment

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 speech on a… Read More
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Criminal Intent Explained

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 Commonwealth v. Nic… Read More
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Mental Impairment Short of Insanity

MENTAL IMPAIRMENT SHORT OF INSANITY This post will answer the following legal questions on the legal defense of mental impairment short of insanity: What is mental impairment short of insanity? What is “necessary intent”? How does the Commonwealt… Read More
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