Understanding Mandatory Minimum Jail Sentences in Massachusetts Criminal Cases
Mandatory Minimum Jail Sentences Under Massachusetts Law
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Massachusetts criminal law provides for mandatory minimum jail sentences upon conviction for certain crimes. A conviction may occur either after trial, if a judge or a jury returns a guilty verdict, or upon the defendant’s acceptance of criminal responsibility by pleading guilty.
If the crime of conviction provides for a mandatory minimum jail sentence, the sentencing judge must impose a prison term that is equal to or greater than the legally proscribed term. Judges sitting in Massachusetts have no discretion to impose a jail sentence that is less than an otherwise applicable mandatory minimum term.
Difference Between Jail Sentences and State Prison Sentences
Massachusetts recognizes two of types of incarceration:
- jail sentences
- state prison sentences
The terms jail and prison are often used interchangeably. However, technically in Massachusetts, a jail sentence is typically imposed by a District Court, though one may also be imposed by a Superior Court, and may not exceed a term to serve of 2.5 years.
Jail sentences are served in the house of corrections located in the county where the court that adjudicated the case (adjudged guilty and imposed sentence) sits. State prison sentences may only be imposed by a Superior Court, often exceeding 2.5 years, and may be for a term up to the maximum jail sentence authorized by law, including life imprisonment for certain serious crimes.
Under Massachusetts criminal law, mandatory minimum jail sentences may be served in a house of corrections and/or a state prison, and vary by crime.
Good Time Credit and Parole Restrictions for Mandatory Minimum Sentences
Like most penal systems, inmates serving terms of incarceration in Massachusetts have the ability to earn sentence reductions for good behavior, known as good time credit, and also to be considered for early release from incarceration, known as parole.
However, these benefits are not available to inmates who are serving mandatory minimum jail sentences. Inmates who are sentenced to serve a mandatory minimum jail sentence for their convicted offenses must serve out the entirety of the sentences, day for day. For example, a defendant sentenced to a mandatory minimum term of 10 years must serve out this entire term (10 years, or 120 months, or 3650 days) before his or her release.
If an inmate is convicted of crime that calls for a mandatory minimum term, and receives a sentence that exceeds this term, he is eligible for good time credit and the possibility of parole on the excess period, but only after the mandatory minimum term has been served.
For example, if the defendant receives a sentence of 15 years in state prison, with 10 years being the applicable mandatory minimum term, he may earn good time credit and the possibility of parole on the 5 years remaining, after serving out the mandatory 10-year portion of the sentence.
Ways to Avoid Mandatory Minimum Jail Time in Massachusetts
There are various ways to avoid mandatory minimum jail time in the Massachusetts criminal justice system.
- First, a defendant who proceeds to trial and is found not guilty avoids both a conviction and any potential jail sentence.
- Second, a defendant may file a motion dismiss the charge(s), on the grounds that no probable cause exists to support them. If granted, the charge(s) will be dismissed, again enabling the defendant to avoid both a conviction and any sentence.
- Third, a defendant may file a motion to suppress certain evidence from use at trial. Successful suppression motions can eliminate key evidence that either results in certain charges being dismissed outright or reduced in some manner so that an otherwise mandatory minimum jail sentence is no longer applicable.
- Fourth, pretrial negotiations may result in the reduction or dismissal or certain charges, thereby removing the defendant’s exposure to an otherwise applicable mandatory jail sentence.
Importance of Experienced Legal Representation
Mandatory minimum jail sentences in Massachusetts must be considered very seriously by both defendants and defense attorneys alike.
However, for the reasons referenced above, people accused of crimes in Massachusetts that call for mandatory minimum prison terms upon conviction are not without hope. If you are charged with such an offense, it is imperative that you engage the services of experienced criminal defense lawyer to maximize your chances for success.
Contact a Massachusetts Criminal Defense Attorney
If you have been accused of a crime in Massachusetts that calls for a mandatory minimum prison term upon conviction, contact Massachusetts Criminal Defense Lawyer, John L. Calcagni III, for a free consultation at (401) 351-5100.