» Proof Beyond a Reasonable Doubt

Bail Jumping in Massachus…

Bail Jumping in Massachusetts (G.L. c. 276, § 82A): Penalties & Defenses

You were released on bail or on your own recognizance and missed a court date. Now there is a new charge: failure to appear, usually called bail jumping, under G.L. c. 276, § 82A. It is a separate crime from the case you missed, its penalty depends…
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What a Jury Sees in a Mas…

What a Jury Sees in a Massachusetts Criminal Trial | Redactions, Evidence; Motions in Limine

A common question from clients and their families is: “Does the jury see everything?” The short answer is no....
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Transferred Intent

Transferred Intent

What is transferred intent? One of the elements of most crimes that the Commonwealth must prove is “intent”. There is a related legal principle called “transferred intent.” This applies when a person intends to harm one person…
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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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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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Harassing or Obscene Phon…

Harassing or Obscene Phone Calls and Messages in Massachusetts: What G.L. c. 269, § 14A Covers, What the Commonwealth Must Prove, and the Penalties

You’ve been charged with making harassing or obscene phone calls, or someone in your family has. The charge may be about calls, texts, emails, or social media messages. It’s a lot to take in, and you probably want to know what the law actually sa…
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Disturbing the Peace

Disturbing the Peace

Disturbing the peace is a crime in Massachusetts under G.L. c. 272, § 53(b). It is one of the most common charges after a loud argument, a late-night party, or a scene outside a bar. A first offense carries only a fine. A second offense can mean…
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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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Intoxication With Alcohol…

Intoxication With Alcohol or Drugs

While intoxication is never by itself an excuse or justification for a crime, it may be a relevant consideration in a case involving criminal charges. It is normally not a defense for intent, but according to Commonwealth v. Sama, 411 Mass. 293, may…
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