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Use of a Motor Vehicle Wi…

Use of a Motor Vehicle Without Authority in Massachusetts: What G.L. c. 90, § 24(2)(a) Covers, What the Commonwealth Must Prove, and the Penalties

The police say you, or someone in your family, used a car without permission. Now there’s a court date for “use of a motor vehicle without authority.” That’s stressful, especially when the car belongs to a friend, a relative, or a rental comp…
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License or Authority

License or Authority

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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Admission by Silence

Admission by Silence

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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Duress in Massachusetts:…

Duress in Massachusetts: How the Defense Works Under Instruction 9.230

Massachusetts criminal law recognizes that free will is essential to the commission of a criminal act
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Larceny by Check in Massa…

Larceny by Check in Massachusetts: What the Law Says, What the Commonwealth Must Prove, and the Penalties

Larceny by check is charged under G.L. c. 266, § 37. It covers writing or passing a check you know won’t be paid, with intent to defraud. A bounced check alone is not a crime. The Commonwealth has to prove what you knew and what you intend…
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Phone Betting

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? Commonwealth law states: “Wh…
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Legal Inferences

Legal Inferences

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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Resisting Arrest in Massa…

Resisting Arrest in Massachusetts (G.L. c. 268, § 32B): Elements, Penalties, and Defenses

Resisting arrest is a crime in Massachusetts under G.L. c. 268, § 32B. The charge covers two kinds of conduct: using or threatening force against an officer, or doing something that creates a substantial risk of bodily injury. Simply pulling awa…
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Criminal Harassment in Ma…

Criminal Harassment in Massachusetts: Elements, Penalties, and How It Differs from Stalking

Criminal harassment is a Massachusetts crime built around a pattern of conduct aimed at one person — not a single rude message or one heated argument. Under G.L. c. 265, § 43A, the Commonwealth must prove a series of willful and malicious acts tha…
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Larceny by Stealing in Ma…

Larceny by Stealing in Massachusetts (G.L. c. 266, § 30): Elements, Penalties, and Defenses

Larceny is the Massachusetts word for theft. Under G.L. c. 266, § 30, it covers three kinds of conduct: stealing, getting property by a false pretense, and embezzlement. This post covers the first and most common kind, larceny by stealing. Wheth…
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