Springfield, MA asked in Criminal Law for Massachusetts

Q: Hello my name is Lori my boyfriend is being held dangerous for a hunt 120 days. The police never read him his rights

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1 Lawyer Answer
William Barabino
William Barabino
PREMIUM
Answered
  • Criminal Law Lawyer
  • Medford, MA
  • Licensed in Massachusetts

A: Hello Lori,

Thank you for your question.

Without knowing more, it appears that your boyfriend is being held after a 58A Dangerousness Hearing. A Dangerousness Hearing occurs in Massachusetts when a court allows police to hold a person in custody who is determined to be too dangerous to be released back into the community. When this occurs, the government will hold the person without bail for at least 120 days.

A 58A Dangerousness Hearing is a powerful tool available for district attorneys. It allows them, at a maximum, to keep defendants in jail without the chance of bail or being released on a GPS bracelet.

The procedure of this hearing works like this. After three to seven days of preparation, a kind of “mini-trial” takes place. During the hearing defendants can testify if they want, summon witnesses, conduct cross-examinations, and present documentation related to the case. The judge determines if the defendant is dangerous.

Then the court makes a determination on whether or not to release the defendant based on a number of factors, such as the seriousness of the charges, drug dependencies, mental illness history, and reputation. After a determination is made, the defendant will be either released, released with conditions, or held without bail.

Conditions of release could include a GPS bracelet, stay away orders, or a promise to stay drug and alcohol fee (with random testing). Anyone who is held without bail could request a bail review. This is a safety valve that may be available to your boyfriend.

Whether or not your boyfriend received Miranda Warnings is going to play a small role, if any, in his detention. For Miranda to apply, there must be some evidence that he made statements to law enforcement. If he did not give any statements, then Miranda is not relevant. While statements he made before he received Miranda warnings could play a role down the line during a trial, for him to be released from custody now there would need to be new evidence presented to the court showing that your boyfriend does not pose a danger to society if he were to be released.

I hope this has answered your question.

Best,

Bill Barabino

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