» Diversion

Diversion and Restorative Justice

May 4th, 2019
Posted By
William Barabino
What is restorative justice? Restorative justice is a voluntary process by which offenders collectively identify and address obligations resulting from an offense. So, under the system, the offender accepts responsibility for his or her actions. The… Read More
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Categories: Blog
Tags: Crime Bill, Diversion, Restorative Justice

Knowledge in Criminal Law

July 26th, 2018
Posted By
William Barabino
What is knowledge in criminal law? A perception of the facts required for a crime is knowledge in criminal law. It is the burden of the Commonwealth to prove beyond a reasonable doubt that at the time of the offense the defendant knew something. This… Read More
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Categories: Blog
Tags: Arraignment, Burden of Proof, Crime, Criminal, Diversion, General Intent, Intent, Knowledge, Wanton Conduct

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

Disturbing the Peace

July 24th, 2018
Posted By
William Barabino
What is disturbing the peace? Disturbing the Peace is a crime punishable in Massachusetts under M.G.L. c. 272, § 53. A first offensive could result in a fine of up to $150. A subsequent offense could lead to jail time of up to six months and/or a fi… Read More
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Categories: Blog
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent

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