There is a lot of news in the air around indictments, namely of a former President. As that saga has been unfolding I’ve been able to answer to some questions regarding the court system, as inevitably, court coverage results in a lot of jargon. As there is an order to the processes and procedures in courts, so too is there a highly specific form or language to […]
Criminal cases are often resolved through plea deals. So how exactly do they work? Well, like most things in the court system, there is a form for it! Take a look at the attached image, which is the front page of the “Tender of Plea” sheet. Some lawyers refer to these as “green sheets,” as some courts print these forms on green paper, although many no longer do so.
The most important part of this form is found in Section I, […]
Can a 911 call be entered in evidence at trial? This is a question that I get often from clients, and the answer is “it depends.” At trial, the most powerful testimony is that of someone on the stand, speaking to the jury. Witnesses, oftentimes alleged victims of crimes, are afforded the opportunity to be heard. But sometimes witnesses are unavailable or unwilling to testify. What then?
The Supreme Court and the Massachusetts SJC have […]
At arraignment, an entry is created on a defendant’s Board of Probation (BOP) record. This record, sometimes called a “rap sheet,” is an overview of your criminal history and includes juvenile court records, adult court records and restraining orders. Judges have access to all this information and use it when making decisions regarding bail and plea deals.
As you might imagine, less is more; that is, the fewer entries on the BOP, the […]
There has been a lot written lately about how the jury trial is an endangered species. While it it true that most criminal complaints resolve short of a jury trial (through a plea deal) many cases can and must go to trial.
Many serious offenses in the Commonwealth, such as Indecent Assault and Battery Under 14, require those convicted to register as sex offenders; the laws are often written to prohibit defendants from making plea deals to avoid the registration requirement. […]
If you are reading this post, chances are that you have at least one and probably multiple social media accounts. Facebook, Instagram, Twitter, etc. are all great platforms to share your passions and stay connected with friends and family. But what you share can also be used by people who are not your friends.
Take, for instance, the case of an auto accident. If you have been injured and are seeking compensation, you must be sure […]
Massachusetts laws are often written in colorful or archaic language. One such example concerns the offense of “Carrying a Dangerous Weapon” (M.G.L. ch. 269 §10).
Subsection (b) of this law deals with non-firearm weapons, and begins by enumerating a long list of weapons that are inherently dangerous, including a:
“stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife . . . dirk knife, any […]
Bail is a very important matter for those facing criminal charges. At arraignment, the Commonwealth, though the Assistant District Attorney, will often request bail. The Defense Attorney will also make a bail request, and then the judge must decide how much bail, if any, to impose.
A recent decision by the Supreme Judicial Court (SJC) has outlined the factors to be considered in setting bail. The most important development from this new ruling, Brangan v. Commonwealth […]
A quick word to friends who are considering engaging in civil disobedience. Be prepared! If you disobey police orders, you are subject to arrest.
The police have broad power to enforce public order. During a protest, instigators are subject to arrest for “public order offenses” such as affray and disturbing the peace. Though the Boston Police tend not to arrest people in en-masse, if you repeatedly disobey an officer’s order, you will probably be arrested. (Note, State Police and Federal law […]
The Massachusetts court system is vast and can be confusing, especially for litigants going it alone, or pro se. Although we may think ourselves expert DIY-ers, attempting to navigate the courts without an attorney is akin to navigating Boston Harbor without a chart… you might make it, but the chance of running aground on submerged hazards is high.
Trial Courts
District Courts are the rough-and-tumble bedrock of the court system; there are 62 of them in cities and towns throughout the […]
