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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A common question from clients and their families is: “Does the jury see everything?” The short answer is no....
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Tags: Arraignment, Burden of Proof, Criminal, criminal trial evidence, Defenses, Dismissal, Evidence, Evidence with Redacted Material, General Intent, jury exhibits, Misdemeanor, motion in limine, Proof Beyond a Reasonable Doubt, redaction evidence, what a jury sees Massachusetts
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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Massachusetts criminal law recognizes that free will is essential to the commission of a criminal act
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Tags: abusive relationship duress, Arraignment, Bill Barabino, coercion criminal defense, Criminal, Defenses, Duress, duress defense Massachusetts, Felony, Immigration Consequences, imminent threat, Indecent Assault, Misdemeanor, necessity vs duress
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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Tags: Arraignment, Criminal, Defenses, felony intimidation, G.L. c. 268 § 13B, harass witness, intimidate a witness, Intimidation of a witness, Investigation, Misdemeanor, Obstruction of Justice, Specific Intent, witness intimidation Massachusetts
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 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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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 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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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
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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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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Tags: Burden of Proof, Criminal, Disability, Dismissed, Diversion, Magistrate, Mental Health, Mental Impairment, No Record, Not Guilty, Proof Beyond a Reasonable Doubt
