The Probation Department in Massachusetts oversees people charged with crimes while their cases are pending, and sometimes as part (or all) of a sentence once a person is convicted or pleads guilty to the offense. Probation Departments are typically… Read More

In most criminal cases in Massachusetts the judge has discretion to impose a sentence as he or she sees fit, ranging from no jail time at all up to the maximum allowed by the law. A sentence for assault and battery, for example, ranges widely –… Read More

A person charged with a “subsequent offense” is being charged with a crime and has been previously convicted of the same or similar crime, one or more times. In Massachusetts, depending on the crime, you may be convicted of a subsequent o… Read More

A default occurs when a defendant fails to show up to court. This can happen even when a defendant is late to court. You most certainly can be arrested if you are in default. Typically, after a default is entered, the judge will issue a “warran… Read More

Yes, a defendant’s bail may be modified, but only if the Judge is convinced that there has been a “material change in circumstances” in the defendant’s favor. Some examples of material changes in circumstances: unreasonable de… Read More

Bail is a mechanism designed to “reasonably assure the appearance of the person before the court.” In other words, it is collateral that guarantees that the defendant shows up for each future court appearance. Bail can be an amount of mon… Read More

An arraignment is, typically, a defendant’s first appearance in court before a judge. A defendant comes to court in one of two ways – under arrest, by the police or under summons, on their own. At the arraignment the defendant is formally… Read More

While working in a home, BMC, a 19-year-old laborer, stole a gun (along with other items) from a drawer in the owner’s basement. Later that night BMC returned the gun (and most of the belongings) to the local police station. At the police stati… Read More