Can a charge be dismissed for a lack of probable cause?
In order for a criminal charge to be brought against someone, it is required that there is probable cause that they violated the law. If a charge was issued without probable cause, then a judge can dismiss it. In Massachusetts, it is important to understand the procedure for issuing a criminal charge, in order to […]
Is stealing a felony or a misdemeanor?
In Massachusetts, there are numerous theft offenses someone can be charged with, including shoplifting, larceny, and cheating or swindling.There are also specific crimes involving using falsely obtained credit cards, or receiving stolen property. While some of these offenses are always felonies and some are always misdemeanors, many theft offenses can be either depending on the […]
What is the difference between a bench trial and a jury trial?
The U.S. and the Massachusetts Constitutions provide a criminal defendant with the right to a trial in front of a jury. In a jury trial, a number of people from the community are chosen to decide the facts of a case, and ultimately whether a person is guilty or not guilty. However, for a number […]
Can someone be required to pay “restitution” for a crime?
The simple answer is yes, someone who enters into a plea agreement or is convicted of a crime in Massachusetts can be required to pay restitution to any victims of the criminal offense. Restitution can be ordered after conviction at trial, as part of a plea, or even be part of an agreement with a […]
Should you have taken a breathalyzer test?
Probably the most common question that a person arrested for a charge of operating under the influence of alcohol (“OUI”) asks is whether they should have taken a breathalyzer or breath test. Of course, the answer is not always so simple. First, it is important to distinguish between a portable breathalyzer test and […]
What happens if a crime occurs in a courthouse?
Obviously, a courthouse generally is a place where there are numerous witnesses and surveillance cameras. It is also a place that is generally filled with police or court officers. If a crime is alleged to occur in a courthouse, it can be hard to defend for those reasons alone. Additionally, there is sometimes a concern […]
