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Dangerousness Hearings in Massachusetts
Understanding G.L. c. 276, s. 58A

blog-authorDavid A. Keller, Esq.

Introduction

Dangerousness hearings, governed by Massachusetts General Laws Chapter 276, Section 58A, play a pivotal role in determining whether an individual charged with a serious crime should be held without bail. This blog provides an in-depth look at the legal framework, procedural requirements, and implications of these hearings, offering clarity to those facing this challenging situation.

What Is a Dangerousness Hearing?

A dangerousness hearing is a legal proceeding where the prosecution seeks to demonstrate that no conditions of release can ensure public safety. This statute applies to defendants accused of specific offenses, including violent crimes, serious sex offenses, or crimes involving firearms or certain controlled substances.

Statutory Framework

Under G.L. c. 276, s. 58A, the prosecution must file a motion for a dangerousness hearing. The court is authorized to detain a defendant pretrial if clear and convincing evidence establishes that the defendant poses a danger to the community.

Key Elements of a Dangerousness Hearing

  • Eligibility: The statute applies only to specific offenses enumerated in the statute, or eligible under the force clause.
  • Prosecution’s Burden: The prosecution must present clear and convincing evidence, such as police reports, witness testimony, or prior criminal records, to substantiate their claim.
  • Defense Rights: The defense has the right to cross-examine witnesses, present counter-evidence, and argue for less restrictive conditions.
  • Judicial Decision: The judge evaluates whether any combination of conditions (e.g., GPS monitoring, house arrest) could mitigate potential risks.

Legal Considerations

  • Standard of Proof: The "clear and convincing evidence" standard is high but does not require proof beyond a reasonable doubt.
  • Duration of Detention: If detained, the defendant can be held for up to 120 days in District Court and 180 days in Superior Court.
  • Appeals: Defendants have the right to appeal a detention order, which must be reviewed expeditiously by a higher court.

Practical Implications

Dangerousness hearings can have significant consequences, including prolonged pretrial detention resulting in loss of jobs, separation from family, loss of apartments and property and many other unimaginable hardships. It is critical for defendants to have a skilled lawyer in their corner to challenge the prosecution’s claims effectively.

Case Example

Keller Law Group frequently handles dangerousness hearings successfully. Most recently Keller Law Group defended a client accused of a violent offense subject to a dangerousness hearing. By presenting evidence of the client’s community ties, lack of prior convictions, and a detailed plan for supervised release, the firm secured a favorable outcome, allowing the client to remain free while awaiting trial.

How Keller Law Group Can Help

At Keller Law Group, we bring extensive experience and a deep understanding of Massachusetts criminal law to every case. Our attorneys rigorously defend clients in dangerousness hearings, ensuring their rights are protected and their voices heard. We investigate all the evidence and present a strong case to counter a prosecutor’s request to hold our clients.

Call to Action

"Facing a dangerousness hearing in Massachusetts? Contact Keller Law Group today for expert legal representation."

About Keller Law Group, LLC

Keller Law Group, LLC specializes in immigration law, criminal defense, and personal injury cases. With a commitment to excellence and personalized service, we are here to guide you through every step of the legal process. Visit www.kellerlawgroupllc.com to learn more

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