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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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…
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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
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. Nickerson, 388 Mass…
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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
