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
A common question from clients and their families is: “Does the jury see everything?” The short answer is no....
Read More
Tags: Arraignment, Burden of Proof, Criminal, criminal trial evidence, Defenses, Dismissal, Evidence, Evidence with Redacted Material, General Intent, jury exhibits, Misdemeanor, motion in limine, Proof Beyond a Reasonable Doubt, redaction evidence, what a jury sees Massachusetts
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
Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
Massachusetts criminal law recognizes that free will is essential to the commission of a criminal act
Read More
Tags: abusive relationship duress, Arraignment, Bill Barabino, coercion criminal defense, Criminal, Defenses, Duress, duress defense Massachusetts, Felony, Immigration Consequences, imminent threat, Indecent Assault, Misdemeanor, necessity vs duress
It is a felony in Massachusetts to intimidate, harass, threaten, mislead, or try to influence a witness, potential witness, juror, court employee, police officer, or their family members...
Read More
Tags: Arraignment, Criminal, Defenses, felony intimidation, G.L. c. 268 § 13B, harass witness, intimidate a witness, Intimidation of a witness, Investigation, Misdemeanor, Obstruction of Justice, Specific Intent, witness intimidation Massachusetts
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
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
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
Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct
Maybe it was a loud argument outside a bar. Maybe it was a scene at a game, a party, or a store. A police officer wrote something down, and now you have a notice, a summons, or a court date. The paper says “disorderly conduct” or “disturbing th…
Read More
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
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
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
