» Criminal

Use of Vehicle Without Authority

December 8th, 2018
Posted By
William Barabino
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 must know that they are using the ve… Read More
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Categories: Blog
Tags: Criminal, Felonies, Felony, Misdemeanor, Registry of Motor Vehicles, Use Without Authority

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

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

Disturbing the Peace

July 24th, 2018
Posted By
William Barabino
What is 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 fi… Read More
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Categories: Blog
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent

Criminal Harassment

July 20th, 2018
Posted By
William Barabino
What is 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 sp… Read More
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Categories: Blog
Tags: Bill Barabino, Burden of Proof, Criminal, Criminal Harassment, Defenses, Felony, Harassing Speech, Misdemeanor, Pattern of Conduct, Protected Speech, Susbstantial Emotional Distress, Wanton Conduct, Willfully and Maliciously

Criminal Intent Explained

July 20th, 2018
Posted By
William Barabino
What is 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 Commonweal… Read More
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Categories: Blog
Tags: Assault and Battery, Bill Barabino, Burden of Proof, Criminal, General Intent, Immigration Consequences, Intent, Reckless Conduct, Specific Intent, Wanton Conduct

Mental Impairment Short of Insanity

June 21st, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Burden of Proof, Criminal, Disability, Dismissed, Diversion, Magistrate, Mental Health, Mental Impairment, No Record, Not Guilty, Proof Beyond a Reasonable Doubt
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