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…
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A police officer says the plate on a car didn’t belong to that car, or that the plate was covered or missing. Now you have a citation or a court date for a charge under G.L. c. 90, § 23. Here’s what that charge means. I’ll go through it in ord…
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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…
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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? Commonwealth law states: “Wh…
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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…
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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…
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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
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…
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Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct
Maybe it was a loud argument outside a bar. Maybe it was a scene at a game, a party, or a store. A police officer wrote something down, and now you have a notice, a summons, or a court date. The paper says “disorderly conduct” or “disturbing th…
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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…
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Tags: Burden of Proof, Criminal, Disability, Dismissed, Diversion, Magistrate, Mental Health, Mental Impairment, No Record, Not Guilty, Proof Beyond a Reasonable Doubt
Massachusetts law permits police to stop a person when they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime, or that the person is armed and dangerous.
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