What is a “Bind-over” or “Superior Court only” felony?
In Massachusetts, a felony is defined as any crime that carries with it a possibility of a sentence to state prison. Misdemeanor offenses on the other hand, are crimes that can only be punished with fines or sentences to the jail or house of corrections. The Massachusetts court system is set up so that crimes […]
Can You Appeal a Bail Amount You Can’t Afford in Massachusetts?
If you or a loved one is facing criminal charges in Massachusetts, one of the first major concerns is securing release on bail. While there is a legal presumption that a person should not be held on bail they cannot afford, judges often set high cash bail amounts that are out of reach for most […]
Can Police Search Property with the Owner’s Consent in Massachusetts?
Yes, police in Massachusetts can legally search a person’s property if the owner consents. However, significant legal issues arise when law enforcement discovers illegal items during a consent-based search.Understanding Search and Seizure LawsBoth the United States Constitution and the Massachusetts Constitution protect individuals from unreasonable searches and seizures. If a court deems a search unreasonable, any evidence obtained is typically […]
Can a charge be dismissed for a lack of probable cause?
Facing a Massachusetts Dangerousness Hearing? Here’s What You Need to KnowIn Massachusetts, facing certain criminal charges could mean being held without bail before your trial. This happens through the Dangerousness statute, a law that allows courts to detain individuals who pose a serious threat to public safety, or the safety of any particular person.What Crimes […]
Is stealing a felony or a misdemeanor?
In Massachusetts, there are numerous theft offenses someone can be charged with, including shoplifting, larceny, and cheating or swindling.There are also specific crimes involving using falsely obtained credit cards, or receiving stolen property. While some of these offenses are always felonies and some are always misdemeanors, many theft offenses can be either depending on the […]
What is the difference between a bench trial and a jury trial?
The U.S. and the Massachusetts Constitutions provide a criminal defendant with the right to a trial in front of a jury. In a jury trial, a number of people from the community are chosen to decide the facts of a case, and ultimately whether a person is guilty or not guilty. However, for a number […]
