You were released on bail or on your own recognizance and missed a court date. Now there is a new charge: failure to appear, usually called bail jumping, under G.L. c. 276, § 82A. It is a separate crime from the case you missed, its penalty depends…
Read More
A common question from clients and their families is: “Does the jury see everything?” The short answer is no....
Read More
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
What is transferred intent? One of the elements of most crimes that the Commonwealth must prove is “intent”. There is a related legal principle called “transferred intent.” This applies when a person intends to harm one person…
Read More
What can I do with a license? It is the burden of the Commonwealth to prove beyond a reasonable doubt that you did not have license or authority to do something when you are charged with a crime. However, under G.L. c. 278 § 7 a person relying on a…
Read More
Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
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…
Read More
What is an inference? A permissible deduction accepted as believable is an inference. In other words, inferences are little steps in reasoning in which a person takes some known information, applies his or her experience in life to it, and then draws…
Read More
Shoplifting is a specific criminal offense under Massachusetts law. G.L. c. 266, § 30A covers a range of intentional acts involving retail merchandise—taking it, concealing it, switching price tags or containers, under-ringing the price, or removi…
Read More
Tags: Arraignment, concealing merchandise, Dismissal, Dismissed, Diversion, G.L. c. 266 § 30A, General Intent, Immigration Consequences, Magistrate, penalty, price tag switching, Registry of Motor Vehicles, retail theft, Self Defense, Self Defense of Another, Self Defense of Property, Shoplifting, shoplifting Massachusetts, Stealing, Wanton Conduct
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…
Read More
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
Many criminal cases are won or lost before trial, on one question: did the police have the right to stop, search, or seize what they found? If they did not, the evidence can be thrown out. In a drug, gun, or OUI case, losing that evidence often means…
Read More
