Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Use without Authority under Massachusetts General Law Chapter 90 §24F as follows:
Section 24F. Persons convicted of using a motor vehicle without authority under the provisions of paragraph (a) of subdivision (2) of section twenty-four shall be liable in a civil action to the owner of such vehicle, if it is recovered, for all towing and storage charges necessitated and all property damage caused to said vehicle by such use without authority.
The model jury instructions for use in the District Court requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: That the defendant used a motor vehicle;
Second: That at the time he (she) used that motor vehicle, he (she) did so without the permission of the owner, or the permission of some other person who possessed the legal right of control ordinarily exercised by the owner; and
Third: That at the time he (she) used the motor vehicle, the defendant knew that he (she) was not authorized to use that vehicle. A person “uses” a motor vehicle within the meaning of the law if he rides in it, either as the driver or as a passenger. It is not necessary that the defendant personally drove or controlled the vehicle, only that he (she) rode in it while it moved.
The Commonwealth may prove that the defendant was not authorized to use the vehicle either by testimony from the owner or other person in charge of the vehicle, or through inferences that you are reasonably able to draw from all the circumstances.
Finally, the defendant must have known that his (her) use of the motor vehicle was unauthorized. If it has been proved that the defendant was a passenger in the vehicle, that fact alone does not establish that he (she) knew that he (she) was not authorized to use it. You should consider all of the circumstances, and any reasonable inferences which you can draw from the evidence, in determining whether the defendant had actual knowledge that his (her) use of the vehicle was unauthorized. If the defendant did not know that his (her) use was unauthorized, you must find him (her) not guilty.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.