Dangerousness Hearing: M. G. L. c. 276 s. 58A
Keegan Law is a firm of experienced criminal defense lawyers that can handle any type of criminal case, both in district and superior court. Massachusetts General Laws c. 276 s. 58A, also known as a ” Dangerousness Hearing”, is the mechanism for which the government can attempt to hold an individual in custody until a trial date.
This can be a very serious and complex hearing where an individual can be held absent monetary considerations like bail or bond. If you have been accused of a crime in which the government can statutorily move for a “Dangerousness Hearing”, a judge can hold you without bail. If a judge agrees to release the defendant, he/she can impose many release conditions.
Here are some the issues the judge may consider as conditions of release:
- remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community;
- maintain employment, or, if unemployed, actively seek employment;
- maintain or commence an educational program;
- abide by specified restrictions on personal associations, place of abode or travel;
- avoid all contact with an alleged victim of the crime and with any potential witness or witnesses who may testify concerning the offense;
- report on a regular basis to a designated law enforcement agency, pretrial service agency, or other agency;
- comply with a specified curfew;
- refrain from possessing a firearm, destructive device, or other dangerous weapon;
- refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, without a prescription by a licensed medical practitioner;
- undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency and remain in a specified institution if required for that purpose;
- execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and shall provide the court with proof of ownership and the value of the property along with information regarding existing encumbrances as the judge may require;
- execute a bail bond with sureties; who will execute an agreement to forfeit in such amount as is reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety’s property; such surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond;
- return to custody for specified hours following release for employment, schooling, or other limited purposes; and
- satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.
The judge may not impose a financial condition that results in the pretrial detention of the person.
The judge may at any time amend the order to impose additional or different conditions of release.
Do you think just any attorney can be successful at a “Dangerousness Hearing”? Hire an experienced and aggressive Boston criminal defense lawyer to represent you. Contact Keegan Law today.