» Felony

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…
Read More
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…
Read More
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…
Read More
Duress Defense in Massach…

Duress Defense in Massachusetts Criminal Cases | Coercion as Excuse

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

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

A check you wrote did not clear. Now someone says you owe money, or you have a police report, a summons, or a court date for larceny. You may not have meant to cheat anyone. You may be sure the money was there. Either way, the paperwork says “larce…
Read More
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…
Read More
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…
Read More
Resisting Arrest

Resisting Arrest

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
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…
Read More
Larceny by Stealing in Ma…

Larceny by Stealing in Massachusetts: What G.L. c. 266, § 30 Covers, What the Commonwealth Must Prove, and the Penalties

You’ve been charged with larceny, or someone in your family has. Larceny is the legal word for theft. Being accused of stealing hits hard, whether it’s about a phone, money at work, or something bigger. Here’s what the law actually says, in pla…
Read More