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
A police officer says the plate on a car didn’t belong to that car, or that the plate was covered or missing. Now you have a citation or a court date for a charge under G.L. c. 90, § 23. Here’s what that charge means. I’ll go through it in ord…
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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
Someone called animal control. Or a neighbor called the police. Or a pet died, got hurt, or was taken from your home, and now an officer wants to talk. An animal cruelty charge in Massachusetts is serious. I’ll walk you through what the Massachuset…
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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
Maybe it was a loud argument outside a bar. Maybe it was a scene at a game, a party, or a store. A police officer wrote something down, and now you have a notice, a summons, or a court date. The paper says “disorderly conduct” or “disturbing th…
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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
What is entrapment? Entrapment occurs when a person who had no previous intention to violate the law is persuaded to commit a crime by a person working for the government. One case, Commonwealth v. Remedor, 52 Mass. App. Ct. 694, talks about the rule…
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While intoxication is never by itself an excuse or justification for a crime, it may be a relevant consideration in a case involving criminal charges. It is normally not a defense for intent, but according to Commonwealth v. Sama, 411 Mass. 293, may…
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This post will answer some frequently asked questions on the legal defense of accident. What is an accident? The Commonwealth of Massachusetts defines an accident as an unexpected happening that occurs without intention or design on the defendant’s…
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