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Transferred Intent

TRANSFERRED INTENT 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… Read More
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Wrong Plates to Conceal Identity

ATTACHING WRONG PLATES TO CONCEAL IDENTITY This post will answer the following legal questions on the crime of attaching wrong plates to conceal identity: What does it mean to attach wrong plates to conceal identity? How does the Commonwealth prove a… Read More
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Admission by Silence

ADMISSION BY SILENCE Admission by Silence. 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 walke… Read More
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Use of Telephone For Betting

USE OF TELEPHONE FOR BETTING What does it mean to be charged with use of a telephone for 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 t… Read More
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Legal Inferences

LEGAL INFERENCES Legally speaking, 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… Read More
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Shoplifting Offense

SHOPLIFTING Firstly, what shoplifting-related offenses exist under Massachusetts’s law? Under Commonwealth law, a defendant can be charged with ANY of the following shoplifting-related offenses: Shoplifting Concealing merchandise shoplifting Shopli… Read More
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Resisting Arrest

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 to use p… Read More
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Disorderly Conduct

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 subseque… Read More
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Mental Impairment Short of Insanity

MENTAL IMPAIRMENT SHORT OF INSANITY 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? What is “necessary intent”? How does the Commonwealt… Read More
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Reasonable Suspicion and Drug Trafficking

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… Read More
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