What is transferred intent? One of the elements of most crimes that the Commonwealth must to prove is “intent”. There is a related legal principle called “transferred intent.” This applies when a person intends to harm one person but instead…
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…
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…
What is phone betting? A defendant is charged with the crime of “use of telephone for betting” when he or she unlawfully is (ONE OR MORE): Using a telephone Permitting a telephone …for betting purposes. What is the law on phone betting? Commonw…
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…
What does the law say on shoplifting? Massachusetts law states: “Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale by a…
Tags: Arraignment, Dismissal, Dismissed, Diversion, General Intent, Immigration Consequences, Magistrate, penalty, Registry of Motor Vehicles, Self Defense, Self Defense of Another, Self Defense of Property, Shoplifting, Stealing, Wanton Conduct
What is Resisting Arrest? In Massachusetts, under M.G.L. c. 268, §32B, a person can be convicted of Resisting Arrest. Resisting Arrest means knowingly preventing or attempting to prevent a police officer from making an arrest by using or threatening…
Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct
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…
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…
Tags: Burden of Proof, Criminal, Disability, Dismissed, Diversion, Magistrate, Mental Health, Mental Impairment, No Record, Not Guilty, Proof Beyond a Reasonable Doubt
REASONABLE SUSPICION AND DRUG TRAFFICKING Massachusetts law allows police to stop and frisk a person if they have reasonable suspicion that a person has committed a crime, they are about to commit one, or the person is armed and dangerous. Commonweal…
