What is Assault and Battery on a Family or Household Member in Massachusetts?
Assault and Battery on a Family or Household Member in Massachusetts is a criminal charge involving physical harm or an attempt or threat of harm against someone with whom the defendant shares a close relationship, such as a spouse, former spouse, person with whom they share a child, or someone they live with or have […]
What is Assault and Battery in Massachusetts?
In Massachusetts, assault and battery are distinct but related offenses. Assault is an attempt or threat to cause physical harm, creating a reasonable fear in the victim. Battery involves the actual physical contact or harm, which can be as minor as an unwanted touch. Both offenses can be charged as misdemeanors or felonies depending on […]
What is Reckless Endangerment of a Child in Massachusetts?
Reckless endangerment of a child under 18 in Massachusetts occurs when someone willfully or recklessly engages in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child. The key element is that the individual knowingly disregards a substantial risk, putting the child’s safety in jeopardy. This offense is governed […]
What is a Motion to Suppress Hearing in Massachusetts?
A motion to suppress hearing in Massachusetts is a court proceeding where we ask the judge to exclude certain evidence from being used against you in your trial. This usually happens because the evidence was obtained illegally, like through an unlawful search or seizure. If the police didn’t have a proper warrant or if they […]
What is a Pre-Trial Conference in a Massachusetts Criminal Case?
A Pre-Trial Conference in a Massachusetts criminal case is a court meeting between the defense attorney and the prosecutor, overseen by a judge, to discuss the case. Its purpose is to exchange information, review evidence, and discuss potential plea deals or settlements. It helps to streamline the trial process by addressing procedural issues and setting […]
What to Expect at Your Massachusetts Arraignment
At a Massachusetts arraignment, you will be formally charged with a crime. The judge will read the charges, and a not guilty plea will enter on your behalf. Your rights will be explained, including your right to an attorney. Bail may be set to ensure you return for future court dates, or you might be […]
What is a Clerk Magistrate’s Hearing in Massachusetts?
A Clerk Magistrate’s Hearing in Massachusetts is a preliminary hearing to determine if there is enough evidence to issue a Criminal Complaint. It occurs in less serious cases, such as misdemeanors, where the accused has not been arrested. The clerk magistrate evaluates evidence and witness testimony presented by the police and the accused. If there […]
Massachusetts Criminal Law Process
The Massachusetts criminal law process generally begins with an investigation and possibly an arrest. Next, the accused attends an arraignment, where charges are formally read, and bail is determined. A pre-trial conference follows, allowing parties to exchange evidence and discuss possible resolutions. If no agreement is reached, the case proceeds to motions hearings (e.g., to […]
How to Bail Someone Out of Jail in Massachusetts
To bail someone out in Massachusetts, go to the police station or court where the person is being held. Pay the bail amount set by the bail commissioner or judge, either in cash or by other accepted methods (like a credit card at some locations). After payment, the individual is released with a court date. […]
Understanding Bail in a Massachusetts
In Massachusetts, bail ensures a defendant returns to court for hearings while released. Unlike other states, Massachusetts doesn’t use bail bondsmen; defendants pay the bail directly to the court. Bail is determined by the court based on factors like flight risk, prior criminal history, and the nature of the charges. If a defendant cannot afford […]