This post will answer the following legal questions on the legal defense of mental impairment short of insanity. What is mental impairment short of insanity? Sometimes individuals are so impaired when they commit a crime that they are legally conside…
Tags: Burden of Proof, Criminal, Disability, Dismissed, Diversion, Magistrate, Mental Health, Mental Impairment, No Record, Not Guilty, Proof Beyond a Reasonable Doubt
This post will answer some frequently asked questions about criminal responsibility. What is an insanity defense? “Insanity” does not necessarily mean the defendant is “crazy” or “mad”. “Insanity defense” is a shorthand term that a de…
This post will answer some frequently asked questions on the crime of possession of a controlled substance. What does the law say on the possession of a controlled substance? Section 34 of chapter 94C of the General Laws states: “No person knowingl…
REASONABLE DOUBT 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 stan…
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…
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…
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…
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…
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…
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…
