Intimidating a witness ma kaw
In this case, after the defendant swallowed the purported drugs, the cop placed her under arrest and charged her with violating the witness intimidation statute.
A Boston Municipal Court judge dismissed the case but the Appeals Court reversed.
Swallowing drugs is a common strategy of drug dealers and users who want to avoid being arrested.
The strategy is usually successful because if the drugs are not recovered and tested by the state laboratory, the Commonwealth cannot prove beyond a reasonable doubt that the substance was an illegal narcotic.
Even if you did not mean to strike the person, you have committed an assault and battery if you do strike them accidentally and they are injured. An item "that is normally used for innocent purposes can become a dangerous weapon if it is intentionally used as a weapon in a dangerous or potentially dangerous fashion." Commonwealth v. This first, temporary order can be issued for up to ten days. To extend the order after a full hearing, the court must find a substantial likelihood of continued "abuse" upon a family or household member. , the Massachusetts Appeals Court has ruled that a person who threatens to sue a witness in a criminal case with the specific intent to impede or obstruct the witness from participating in a criminal proceeding can be found guilty of Witness Intimidation under G. The Appeals Court determined that even if the jury rejected the disputed statement, the mere threat to sue a witness in a criminal case could be witness intimidation if the “defendant uttered the lawsuit remark with the specific intent to “impede [or] obstruct” the witness from participating in the criminal proceeding. The police will usually charge a defendant with witness intimidation if the defendant prevents the victim from calling police.In many cases, if the defendant takes the phone away or physically stops the victim from calling police, the defendant will be charged with witness intimidation.