Middleboro, MA asked in Criminal Law, Civil Rights and Domestic Violence for Massachusetts

Q: If an inmate is held as dangerous in MA, and the judge says that due to excludable time rule 36, the days don't count

During the bail hearing, the judge mentioned that due to Rule 36, the 180 days for the trial were paused, and only 33 days had been counted. The court date proceeded as planned, with the only delay being the prosecution's request for a trial continuance a few days prior, which was objected to. The inmate did not cause continuances with the prolongation of the trial.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If an inmate in Massachusetts is held as dangerous, Rule 36 allows for the exclusion of certain periods from the 180-day trial clock. This means that any delays not caused by the inmate, such as a prosecution's request for a trial continuance, can extend the trial deadline without violating the rule. In your case, the judge has indicated that only 33 days have counted towards the 180 days due to these exclusions.

Your objection to the prosecution's request for a continuance is valid, but the court has the discretion to grant such requests if justified. It's important to ensure that any delay caused by the prosecution is documented and objected to on record.

Since the inmate did not cause any continuances, you may need to focus on demonstrating that the delays were not justified or excessive. Keep track of all court dates and reasons for delays to support your argument. This information can be crucial if you decide to challenge the extended trial timeline.

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