» Misdemeanor

Use of Vehicle Without Authority

December 8th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Criminal, Felonies, Felony, Misdemeanor, Registry of Motor Vehicles, Use Without Authority

What does a Jury See?

December 1st, 2018
Posted By
William Barabino
Does a jury see everything? The short answer is no. Often times courts sanitize or redact evidence. Normally, the attorney and the district attorney will discuss and either agree to the limit what the jury can see and not see. And if the parties can&… Read More
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Categories: Blog
Tags: Arraignment, Burden of Proof, Criminal, Defenses, Dismissal, Evidence, Evidence with Redacted Material, General Intent, Misdemeanor, Proof Beyond a Reasonable Doubt

License or Authority

December 1st, 2018
Posted By
William Barabino
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
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Categories: Blog
Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent

Duress Defense

September 29th, 2018
Posted By
William Barabino
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’… Read More
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Categories: Blog
Tags: Arraignment, Bill Barabino, Criminal, Defenses, Duress, Felony, Immigration Consequences, Indecent Assault, Misdemeanor

Intimidate a Witness

August 1st, 2018
Posted By
William Barabino
Is it illegal to intimidate a witness? Yes. A person who is threatens, attempts to physically harm, or harasses a witness can be charged with Witness Intimidation under M.G.L. c. 268, § 13B. Conviction could result in 10 years imprisonment or a fine… Read More
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Categories: Blog
Tags: Arraignment, Criminal, Defenses, Intimidation of a witness, Investigation, Misdemeanor, Obstruction of Justice, Specific Intent

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

Criminal Harassment

July 20th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
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

Larceny By Stealing

July 18th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Breaking and Entering, Felony, Immigration Consequences, Larceny by Stealing, Misdemeanor, Theft
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