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To establish proof beyond a reasonable doubt a person must, after considering all the evidence and facts of a case, have in their mind an abiding conviction, to a moral certainty, that the charge is true. Reasonable doubt is the standard of proof for…

Under Massachusetts law it is a crime to threaten to commit a crime against the person or property of another...

In Massachusetts, if someone is accused of committing a misdemeanor crime and is not arrested, that person is generally entitled to a clerk magistrate’s or show cause hearing. Under M.G.L. c. 40U, § 15, a person can appeal a decision by a municipa…

Within the past few weeks, recent legislation has been written that changes the criminal justice system in Massachusetts. The law is lengthy and detailed. I hope and expect to post more on the expansive law in the future. Until then, a summary of the…

If you are facing a criminal charge in Massachusetts District Court, you may hear lawyers and judges talk about a “CWOF” — Continuation Without a Finding (sometimes written Continued Without a Finding). People pronounce it like “quaff.” A C…

WHAT IS PRE-TRIAL PROBATION G.L. c. 276, § 87 Pre-trial Probation or a “General Continuance” is a highly sought criminal disposition (result). It is a conditional disposition anticipating dismissal of criminal charges. It basically means that th…

Yes. When a person is arraigned on criminal charges in Massachusetts, the court may order conditions of release in addition to, or instead of, cash bail...

Massachusetts law permits police to stop a person when they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime, or that the person is armed and dangerous.