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On February 7, 2012, the Massachusetts Appeals Court ruled that the presence of a damaged EBT card, by itself, is insufficient to prove the card’s owner was present at the scene of a burglary. LaFountain & Wollman, P.C. believes this decision should serve as a reminder to all that criminal convictions require proof, “beyond a reasonable doubt,” as to all elements of a charged crime. Although civil lawsuits and probation violation hearings only require a lower standard of proof, anything short of “beyond a reasonable doubt” is insufficient to sustain a criminal conviction.
About the Author
Attorney Nicholas J. LaFountain has extensive experience litigating and negotiating civil disputes of many types. He has been successfully representing clients in the courtroom since 2004.