» Defenses

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

False License Plate

November 9th, 2018
Posted By
William Barabino
This post will answer some frequently asked questions on the crime of having the wrong license plate on a motor vehicle. What is attaching wrong plates to conceal identity? Under Commonwealth law, it is a crime to attach the wrong license plates to a… Read More
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Categories: Blog
Tags: Attaching wrong plates, Defenses, Dismissed, Immigration Consequences, Prior to Charge

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

Animal Cruelty

August 6th, 2018
Posted By
William Barabino
What is animal cruelty? Under Massachusetts General Laws Chapter 272, Section 77 it is illegal to treat an animal with cruelty. Cruelty means inflicting severe or unnecessary pain upon an animal without any justifiable cause. The maximum penalty is s… Read More
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Categories: Blog
Tags: Arraignment, Arrest, Bill Barabino, Cruelty to Animals, Defenses, Dismissal

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

Disorderly Conduct

July 20th, 2018
Posted By
William Barabino
What is disorderly conduct? Disorderly Conduct, violent or tumultuous public behavior that causes inconvenience, annoyance, or alarm, is punishable in Massachusetts. Under M.G.L. c. 272, § 53 a first offensive could result in a fine of up to $150. A… Read More
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Categories: Blog
Tags: Bill Barabino, Burden of Proof, Defenses, Dismissed, Disorderly Conduct, Diversion, Felonies, Fine and Fee, Misdemeanor, Prior to Charge

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

Entrapment Defense

July 19th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Criminal Intent, Defenses, Entrapment, Government Official, Inducement, Police, Predisposed

Intoxication With Alcohol or Drugs

June 29th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Alcohol or Drugs, Burden of Proof, Defenses, General Intent, Justification, Proof Beyond a Reasonable Doubt, Specific Intent

Accident Defense

June 25th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Accident, Criminal Law, Defenses
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