A Motion for New Trial, pursuant to Rule 30 of the Massachusetts Rules of Criminal Procedure, may be used by a Defendant who is challenging the validity of a guilty plea. A Judge should only grant a post sentence motion to withdraw a plea if the Defendant comes forward with a credible reason which outweighs the risk of prejudice to the Commonwealth.
A Trial Judge has the discretion to grant a new trial at any time it appears an injustice was done. After a Defendant has been tried and convicted, he may have grounds to move the court for a new trial for many reasons.
Generally, the common causes for which a new trial may be granted fall into two categories: One category includes occurrences at trial or in the jury’s verdict which demonstrates that an injustice has been done; and the other category is the discovery of new evidence after the trial, or other developments occurring after the trial or conviction, which demonstrates manifest injustice.
In March of 2016, Governor Baker signed a first-in-the-nation law limiting first-time opioid prescriptions to 7 days. The Administration also revamped its prescription monitoring system, requiring prescribers to use the newly created Massachusetts Prescription Awareness Tool (MassPAT) and check the database before writing a prescription for a Schedule 2 or Schedule 3 narcotic. Since its implementation, MassPAT has been searched more than 4 million times to help doctors care for their patients who receive opioids.
In order to understand the new crime of domestic assault and battery you have review the existing crimes of assault and assault and battery. A Battery is when a person intentionally (on purpose), and without justification, touches another person in a harmful or offensive way. A harmful touch is one that is meant to inflict pain or injury, while an offensive touch is often sexual in nature, or injurious to a person’s dignity.
DCF will often get involved in situations where children were passengers in a motor vehicle that was pulled over for OUI. The courts will notify DCF that a child was in the vehicle and they will likely undertake an investigation to determine what is in the best interest of the child. DCF could take temporary custody of the child and any other children living in the defendant’s home. DCF would then create a care plan that would put in place alcohol treatment and supervised parental visits. In extreme cases DCF can take permanent custody and place the children in foster care.
The major difference between misdemeanor motor vehicle homicide and felony motor vehicle homicide is that in felony motor vehicle homicide the Commonwealth has to prove that the defendant both operated under the influence and operated negligently or recklessly as opposed to misdemeanor motor vehicle homicide where it is enough show that the defendant was either under the influence or operated negligently or recklessly.
A bodily injury is “serious” if it had any one of the following four characteristics: (1) it created a substantial risk of death; (2) it involved total disability; (3) it involved the loss of any bodily function for a substantial period of time; or (4) it involved substantial impairment of any bodily function for a substantial period of time.
The crime of Arson requires that the Defendant act both willfully and maliciously in setting the fire or causing the building to be burned, which is the state of mind necessary to commit arson. Willful and malicious convey two distinct and necessary elements of the crime and have different meanings.
The Valor Act, otherwise known as “An Act Relative to Veterans’ Access, Livelihood, Opportunity and Resources,” was passed into law in 2012 as M.G.L.A. 276A § 10-11. The Valor Act gives district court judges the option to divert eligible active duty military or veterans instead of formally charging them with a crime and then prosecuting them. This law can be very valuable to a criminal defense attorney that represents an eligible veteran or active duty serviceman. Unfortunately there are many criminal defense attorneys in Massachusetts that are not even aware of this defense.