In the Massachusetts criminal justice system, there is a legal presumption that a criminal defendant will be released on personal recognizance (his or her promise to return to court). However, the Court may use its discretion to impose bail. At…
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A proffer session is where a criminal defendant meets with prosecutors to discuss his or her case. Parties present for these meetings normally include the defendant, his or her attorney, the prosecutor(s) pursuing the defendant’s case, and law enforcement agents…
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When a person faces an emergency situation, or believes a crime is being committed, one of the most common things to do is to dial 9-1-1. 9-1-1 is an emergency telephone system that exists all throughout the United States, and…
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When a criminal defendant is charged with a crime in Massachusetts, he or she is entitled to evidence in support of the charges, known as discovery. In accordance with Massachusetts Rule of Criminal Procedure 14, Massachusetts follows automatic, mandatory discovery…
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Methods for Drug and Alcohol Testing for Defendants on Bail or Probation in Massachusetts When a criminal defendant is released on bail during the pendency of a Massachusetts criminal case, or sentenced to probation after resolving a Massachusetts criminal case, the…
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School and Park Zone Violations When a criminal defendant in Massachusetts is charged with distributing or trafficking drugs, and the offense is allegedly committed within 300 feet of a public or private accredited preschool, head start facility, elementary, vocational, or…
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The Second Amendment to the United States Constitution provides the constitutional framework for American gun laws. The Second Amendment guarantees U.S. citizens the right to bear arms. However, there are limits to this privilege. In Massachusetts, residents age 15 years…
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All criminal courts in the Commonwealth of Massachusetts have a probation department, which is formally referred to as the Massachusetts Probation Service. The Commissioner of Probation, and his office, oversee the Massachusetts Probation Service and the Office of the Community…
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At the time of a defendant’s initial appearance before the court, otherwise known as an arraignment, a criminal defendant may be ordered held without bail on grounds of dangerousness pursuant to M.G.L. c. 276, § 58A. This is prompted by…
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The gun laws in the United States vary from state to state. There is also a body of federal law pertaining to the ownership, use, possession, manufacturing, and distribution of firearms. However, the majority of legislation relating to guns…
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