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…
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Tags: Burden of Proof, Criminal, Disability, Dismissed, Diversion, Magistrate, Mental Health, Mental Impairment, No Record, Not Guilty, Proof Beyond a Reasonable Doubt
When someone with a serious mental illness is charged with a crime, one of the first questions families ask is whether the illness matters legally. In Massachusetts it can. A person is not guilty if, at the time of the offense, a mental disease or de…
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A Massachusetts charge for possession of a controlled substance asks whether someone knowingly or intentionally possessed a regulated drug without a valid prescription or other legal authorization. The core statute is G.L. c. 94C, § 34. Related offe…
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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…
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Under Massachusetts law it is a crime to threaten to commit a crime against the person or property of another...
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If you receive a District Court or Boston Municipal Court notice about an application for a criminal complaint, you may be facing a show-cause hearing — also called a clerk-magistrate hearing. This is often the court’s first look at whether a cri…
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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…
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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…
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If you have been charged with a crime in Massachusetts, one of the best outcomes short of an outright dismissal is pretrial probation. You do not plead guilty. You do not admit anything. You follow a set of conditions for an agreed period, and if you…
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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...
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