Mere Presence

In Massachusetts, a criminal defendant can only be convicted for his own unlawful conduct, and not for the conduct of any other person. Where co-defendant’s are tried together, a jury is often instructed to evaluate the evidence as to each defendant separately – in other words, the evidence must be sufficient to convict each defendant standing alone.

In any trial, it is not enough for the prosecutor to prove beyond a reasonable doubt that a defendant was present at the scene of the crime, even if he knew what was happening. Mere presence at the scene of a crime and knowledge that a crime is being committed are not sufficient to establish a defendant’s guilty. Mere presence at the scene of a crime, failure to prevent a crime, or even knowing that a crime is about to be committed, does not make someone criminally liable as a participant.

Boston criminal lawyer Lefteris K. Travayiakis has successfully defended persons against a wide variety of theft crimes, drug crimes, and crimes of violence after having invoked the argument of “mere presence.”

To schedule a free consultation with Attorney Lefteris K. Travayiakis and to discuss your criminal case, contact him online or call 617-657-2333.