In Massachusetts, a court can hold a person charged with certain crimes in jail, without the right to bail, if the court finds the person to be a danger, and that no conditions of release will ensure the safety of the community, or any specific person.
What crimes can a person be incarcerated for based on Dangerousness?
The District Attorney’s office cannot request that a criminal defendant be held on dangerousness for just any kind of charge. The law only allows this kind of detention for a few different kinds of crimes:
First, the law enumerates some specific crimes, such as arson, violating an abuse prevention order, witness intimidation, as well as certain firearm and drug offenses.
Second, any misdemeanor or felony offense that alleges abuse, as defined in the domestic violence laws.
And third, any felony offense involving “force.”
This third category of crimes, involving the use of force, threatened force, or attempted force, has resulted in substantial litigation, and some unexpected results. For example, a person can be held on dangerousness for a charge of assault with a dangerous weapon, but not assault and battery with a dangerous weapon. Similarly, statutory rape cannot be a basis to hold someone as a danger, but rape generally allows this kind of detention.
The dangerousness statute is complex, and the stakes of being held are high, as a person can be held for a substantial period of time, with no right to bail, even while presumed innocent. this can happen the first time you appear in court, which is why it is important to obtain an attorney as soon as possible if you charged with any crime.
