In Massachusetts there is a statute, C. 276, S.58 which provides rules about release on a cash bail or personal recognizance. The law assumes that a person accused of a crime is entitled to be released without paying a bail unless the court finds, after a hearing, that certain factors are an issue, and it is unlikely he or she will return to resolve the case just on a mere promise. Unless a person is charged with murder, the court looks at the following factors during a bail
In Massachusetts if a person is accused of a crime, either by way of a civilian signed application for a complaint or a police officer’s report and application for complaint, as long as the charges are misdemeanors and you have not been arrested, you are entitled to such a curtsey. Although you are not guaranteed the right to counsel for a clerk hearing, you are entitled to hire your own lawyer to defend you. Doing so is crucial. Why? It is just that if you fail to persuade t
A lot of people charged with cases such as assault, theft or restraining order violations think that their cases are weak because it is just the accuser’s word against their word and there is no real proof. If that reasoning was true, the prisons and jails would be fairly empty. That is because one person’s mere allegation, if believed by a jury or in some cases just a judge, is more than enough to land the accused in the slammer. The best way to deal with a he said she said
A lot of clients ask me to see about getting their charges dropped. Some people just mean that they want to be done with their case and have no appreciable consequences. Others mean they want the government to acknowledge that they are innocent and should not have been charged in the first place. Many accused persons believe that their alleged victim, or the complaining witness, can just drop the case by just calling the prosecutor’s office. It is safe to say that those accus
Criminal defense lawyers often advertise that they are “former prosecutors” and apparently expect those charged with crimes and accused of wrongdoing in Massachusetts to be intrigued and impressed about that. In fact, that disclosure it is a marketing tactic to entice potential clients to hire them.
In my humble opinion, which is based on my having been virtually steeped in the system for almost two decades, being a prosecutor is no where near as challenging as representing