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Use of a Motor Vehicle Wi…

Use of a Motor Vehicle Without Authority in Massachusetts: What G.L. c. 90, § 24(2)(a) Covers, What the Commonwealth Must Prove, and the Penalties

The police say you, or someone in your family, used a car without permission. Now there’s a court date for “use of a motor vehicle without authority.” That’s stressful, especially when the car belongs to a friend, a relative, or a rental comp…
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What a Jury Sees in a Mas…

What a Jury Sees in a Massachusetts Criminal Trial | Redactions, Evidence; Motions in Limine

A common question from clients and their families is: “Does the jury see everything?” The short answer is no....
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Admission by Silence

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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Duress in Massachusetts:…

Duress in Massachusetts: How the Defense Works Under Instruction 9.230

Massachusetts criminal law recognizes that free will is essential to the commission of a criminal act
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Intimidation of a Witness…

Intimidation of a Witness in Massachusetts | G.L. c. 268 § 13B

It is a felony in Massachusetts to intimidate, harass, threaten, mislead, or try to influence a witness, potential witness, juror, court employee, police officer, or their family members...
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Knowledge in Criminal Law

Knowledge in Criminal Law

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…
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Disturbing the Peace

Disturbing the Peace

Disturbing the peace is a crime in Massachusetts under G.L. c. 272, § 53(b). It is one of the most common charges after a loud argument, a late-night party, or a scene outside a bar. A first offense carries only a fine. A second offense can mean…
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Criminal Harassment in Ma…

Criminal Harassment in Massachusetts: Elements, Penalties, and How It Differs from Stalking

Criminal harassment is a Massachusetts crime built around a pattern of conduct aimed at one person — not a single rude message or one heated argument. Under G.L. c. 265, § 43A, the Commonwealth must prove a series of willful and malicious acts tha…
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Criminal Intent in Massac…

Criminal Intent in Massachusetts: Specific Intent, General Intent, Knowledge, and Recklessness

Most crimes require proof of a guilty state of mind, not just a guilty act. In Massachusetts, the jury instructions describe several mental states. Specific intent means acting with a purpose. General intent means acting deliberately, not by accident…
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Mental Impairment Short o…

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? Sometimes individuals are so impaired when they commit a crime that they are legally conside…
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