Dangerousness hearing, M.G.L. c. 276 s. 58A

In Massachusetts, if you are charged with certain offenses, you can be held in custody as a dangerous person, without bail, while still presumed innocent of the charge(s). The dangerousness statute outline specific crimes that allows a prosecutor to motion the court for you to be held without bail at your arraignment date.

If, at your arraignment, the court determines that there was sufficient evidence to at least charge you with the crime(s) (probable cause standard; low threshold) then once the prosecutor files this motion, the judge has no discretion and must place/ keep you in custody for 3- 7 days until a full hearing on the motion can be held. If after a full hearing, the court determines that your commitment without bail is warranted, and no conditions of release will reasonably ensure the safety of a particular person/ victim or the community at large, then you will be held, in a district court case, for 120 days without bail. At the end of the 120 period, unless the case has been disposed, there will be another hearing to determine what conditions of release are appropriate. In rare circumstances, the court can continue to hold you indefinitely until your trial date, which could be well over a year. In Superior Court, if you’re held under this statute, the court will hold you for 180 days in addition to the 120 days that you were committed already in district court on the same case.

Even if the judge finds that the prosecutor has met the dangerousness standard after a full hearing, the judge has discretion to release you on conditions that will provide confidence that you won’t endanger anyone during the pendency of your case. A highly- skilled criminal defense attorney can put together a combination of the right legal arguments and proposed conditions that will give the court confidence to release you on conditions that will also allow you to get back to living your life while the case moves forward.

If you are ordered held without bail under this statute, you have the right to an appeal within 5 days. Your attorney must work promptly to put together the most compelling bail review materials for this appeal hearing, as you only get one shot at the appeal.

The 58A process starts immediately at your arraignment, which is why it is so important to come prepared with your experienced criminal defense lawyer from the very beginning. At Urbelis Law, we have successfully defended clients at hundreds of 58A hearings across the Commonwealth of Massachusetts. We are ready to fight for your freedom.

If you have been charged with any offense that may trigger a 58A dangerousness hearing, contact Urbelis Law immediately.

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