Recently, a state appellate court issued an opinion affirming a lower court’s decision not to reduce a defendant’s bail as he awaits trial for several Massachusetts sex offenses, including indecent assault and battery on a person age fourteen or older. The case highlights the challenges many defendants face—even during the…
Most people are familiar with the fact that a defendant can file an appeal if they are convicted of a Massachusetts crime. One aspect of the appellate process that is less commonly realized is that the court does not necessarily need to suspend a defendant’s sentence pending appeal. Recently a…
The COVID-19 pandemic has had an enormous effect on the country’s ability to function. Schools, stores, and government functions have all been temporarily shut down. For the most part, this includes the Massachusetts court system. In fact, thousands of people who have been arrested and are awaiting trial have had…
As the COVID-19 pandemic continues to spread across the country, the nation’s prisons are quickly becoming hotspots for the virus. Indeed, a recent news article documents the pervasiveness of COVID-19 in state prisons across the country. Massachusetts prisons are no exception. A local news outlet recently reported that more than…
According to reports, Former New England Patriots tight end Aaron Hernandez was denied release on his first degree murder charge during his appeal to be released on bail.The decision, which was handed down by a superior court judge upheld the prior ruling of a district court judge shortly following Hernandez’s…
Waltham, Massachusetts lawman Thomas M. LaCroix, the city’s chief police officer, was arraigned in Concord District Court on two charges of assault and battery with a dangerous weapon and threats charges and was ordered held without bail pending a dangerousness hearing in court set for this Tuesday. LaCroix is accused…
I see it all too often. A person has an unresolved criminal case or probation matter and they forget or fail to come to court or visit with their probation officer when told to. Sometimes people get into trouble at different points in their lives when they abused alcohol or…
If you have an outstanding arrest or default warrant from any court in Massachusetts you are likely dealing with unwarranted stress and anxiety regarding possible detention by the police in addition to feelings of uncertainly about how the judge will ultimately respond to your absence from court. You probably also…
On September 7, 2011 an 82-year-old man allegedly shot and wounded a man and a woman from the second floor window of his home in Revere, Massachusetts. The elderly man was subsequently arraigned on serious criminal charges of assault with intent to murder and assault and battery with a dangerous…
Under M.G.L. c. 276 § 58, bail is made the exception to the release of an individual on personal recognizance. In other words, there is a presumption in the law that someone arrested should be released upon their promise to appear back in court on a given date. The exception…