Massachusetts General Laws Chapter 90, Section 24(2)(a) punishes people who use a motor vehicle without authority knowing that doing so is unauthorized. An important element to this offense is knowledge—a person must know that they are using the ve…
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What can I do with a license? It is the burden of the Commonwealth to prove beyond a reasonable doubt that you did not have license or authority to do something when you are charged with a crime. However, under G.L. c. 278 § 7 a person relying on a…
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Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
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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What is duress? In some legal situations, duress may excuse a person’s committing of what otherwise would be a criminal offense. Duress is a form of coercion. It is constraint illegally exercised to force someone to perform an act. Massachusetts’…
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What is larceny by check? Above all, larceny by check involves obtaining goods or services by writing a check with knowledge of insufficient funds and with intent to defraud. Note that “larceny by stealing” is a different legal offense than larce…
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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…
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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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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
What is criminal harassment? Harassment can be a crime in Massachusetts and may result in a Harassment Prevention Order being issued. Under Massachusetts General Laws Chapter 265, Section 43A a person who engages in a knowing pattern of conduct or sp…
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Tags: Bill Barabino, Burden of Proof, Criminal, Criminal Harassment, Defenses, Felony, Harassing Speech, Misdemeanor, Pattern of Conduct, Protected Speech, Susbstantial Emotional Distress, Wanton Conduct, Willfully and Maliciously
What is larceny by stealing? There are different types of larceny crimes. Under Massachusetts General Laws Chapter 266, Section 30 a person who intentionally takes the personal property of another can be convicted of Larceny by Stealing. What is larc…
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