» Proof Beyond a Reasonable Doubt

OUI Drugs Update

OUI Drugs Update: Marijuana versus Alcohol  OUI Drugs Update. Above all, driving under the influence of alcohol and driving under the influence of marijuana appear to be very similar. Indeed, the consequences are the same for those who are found g… Read More
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Bail Jumping

BAIL JUMPING  What is bail jumping? Bail Jumping. Under Massachusetts’s law, a defendant failing to appear in court after released on bail is committing a crime. Commonwealth law specifically states that: “A person who is released by court order… Read More
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What a Jury Sees

Does a Jury See Everything?   What a Jury Sees: 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. An… Read More
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Homicide by a Motor Vehicle (Felony)

HOMICIDE BY A MOTOR VEHICLE (FELONY) Firstly, How does the Commonwealth prove a defendant guilty of the criminal offense of homicide by a motor vehicle? In order to prove the Commonwealth guilty of the offense of homicide by a motor vehicle, the Comm… Read More
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Transferred Intent

TRANSFERRED INTENT What is transferred intent? One of the elements of most crimes that the Commonwealth must to prove is “intent”. There is a related legal principle called “transferred intent”. This applies when a person intends to harm one… Read More
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License or Authority

LICENSE OR AUTHORITY Occasionally, when a defendant asserts a defense, the defense is license or authority. For example, a police officer acting in good faith may arrest a person because they are carrying or possessing a firearm. That officer is ac… Read More
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Common Nightwalker

COMMON NIGHTWALKER What is a common nightwalker? Commonwealth law states that “common night walkers…shall be punished…” A common nightwalker is someone who is abroad at night, soliciting others to engage in unlawful sexual acts. Often it is a… Read More
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Burning Insured Property

BURNING INSURED PROPERTY What does Commonwealth law say on the crime of burning insured property? Commonwealth law states: “Whoever, willfully and with intent to defraud or injure the insurer, sets fire to, attempts to set fire to, causes to be bur… Read More
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Admission by Silence

ADMISSION BY SILENCE Admission by Silence. 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 walke… Read More
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Use of Telephone For Betting

USE OF TELEPHONE FOR BETTING  What does it mean to be charged with use of a telephone for 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… Read More
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