Equal protection under the law for minorities and other protected classes of persons has been an ongoing legal issue for centuries. All too frequently, the prohibition against facially discriminatory laws and criminal procedures has been inadequate to address racism and…
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Since the COVID-19 pandemic hit the United States, there have been many criminal defendants who have been held in pretrial detention for prolonged periods of time because they either cannot afford to post bail, or are held without bail on…
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In Massachusetts, your criminal record is created when a criminal complaint issues against you and after you are arraigned in court. Once arraigned, these charges will show up on both your Criminal Offender Record Information (“CORI”), which is your Massachusetts…
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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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