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 Us Online or call 617-325-9500.