THREATS This post will answer the following legal questions on threats: What is a threat? How does the Commonwealth prove a threat was made? What if the victim was not alarmed by the threat? What if a threat is made indirectly? What if the threat is…
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WHAT IS A SHOW CAUSE HEARING? 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 a…
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UPDATE: Criminal Justice Reform Bill of 2018 New Crime Bill for Massachusetts 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…
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WHAT IS A CWOF? A Continuation Without a Finding (CWOF) is a type of deal where a person admits that there is enough evidence for a reasonable jury to find them guilty. In exchange, the person is placed on probation, which will lead to the case being…
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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…
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Can the Court Order Me to Abide by Conditions of Release? Yes, it can. When someone is arraigned in court and notified the charges against them, the District Attorney may ask for cash bail—meaning they pay money for the court to hold until the case…
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REASONABLE SUSPICION AND DRUG TRAFFICKING Massachusetts law allows police to stop and frisk a person if they have reasonable suspicion that a person has committed a crime, they are about to commit one, or the person is armed and dangerous. Commonweal…
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WHAT HAPPENS AT AN ARRAIGNMENT? BEFORE your arraignment, you will arrive at the Courthouse. You will be dressed in a way that demonstrates that you take this event very seriously. Also, you will check with your lawyer to make sure that cellphones are…
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DIFFERENCE BETWEEN CIVIL INFRACTIONS, MISDEMEANORS AND FELONIES? CIVIL INFRACTION: A civil infraction is a minor violation. Many traffic violations are civil infractions, such as speeding and running a red light. The punishment for a civil infraction…
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Nearly fifty years ago the Miranda Rights were born. Criminal Defense lawyers are extraordinarily familiar with the rule, since whether someone was given the rights, given the rights correctly and whether they were administered voluntarily are all ve…
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