Requesting a Clerk’s Hearing for a Motor Vehicle Crime
Should you request a clerk magistrates hearing when you get a Criminal motor vehicle citation? When a person receives a citation for a motor vehicle crime in Massachusetts, the citation form includes a place to sign and request a clerk magistrate’s hearing. What does this mean, and should you do it? There are a lot of benefits to […]
Crimes needing actual knowledge
Some crimes require proof of a suspect’s actual knowledge of something in order to convict them. For example if you are charged with possession of a firearm that is found near you in a car or home, you can only be convicted if there is proof that you actually knew about the firearm. Another example would […]
What is the difference between an appeal and a motion for new trial
Once you lose a trial, that does not necessarily mean that your case is finished. In either a criminal or a civil case, you can almost always file for post-conviction, or post-verdict relief. Two of the most common methods for this are direct appeals, and a motions for new trial. Depending on the issue involved, […]
Can you refuse to take Field Sobriety Tests?
When someone is pulled over and the police suspect that they are under the influence of alcohol, they often request that the person take “Field Sobriety Tests.” These tests are a method used to help determine if someone’s ability to drive is impaired. There are some standard tests that are used throughout the country for […]
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 […]
