» Dismissed

Transferred Intent

December 1st, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Burden of Proof, Dismissal, Dismissed, General Intent, Intent, 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

Admission by Silence

September 29th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Admission by Silence, Arraignment, Civil, Criminal, Dismissed, Evidence, Felony, General Intent, Indecent Assault, Proof Beyond a Reasonable Doubt

Phone Betting

August 9th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Crime, Dismissed, Felonies, Felony, Proof Beyond a Reasonable Doubt, Specific Intent, Telephone Betting, Wanton Conduct

Legal Inferences

July 27th, 2018
Posted By
William Barabino
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
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Categories: Blog
Tags: Bill Barabino, Circumstantial Evidence, Dismissal, Dismissed, Felony, General Evidence, Inferences, Prior to Charge, Specific Intent, Testimonial Evidence

Shoplifting

July 25th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
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

Resisting Arrest

July 23rd, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct

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

Mental Impairment Short of Insanity

June 21st, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
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

June 17th, 2017
Posted By
William Barabino
Contributor: William Barabino
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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Categories: Blog
Tags: Dismissed, Drug Trafficking, Reasonable Suspicion