Product Description

Recent updates:

• Update: October 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of the Massachusetts District Court Criminal Defense Manual . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the issues addressed in the 2023 Edition include:

  • the circumstances under which an accused is entitled to a clerk's hearing before the issuance of a criminal complaint;

  • a finding of ineffective assistance of counsel where a racist attorney purported to represent a Black client of Muslim faith;

  • the permissible scope of conditions of release;

  • the scope of pretrial detention authorized by G.L. c. 276, § 58A, and in particular a Supreme Judicial Court hold-ing that neither manslaughter nor assault and battery with a dangerous weapon involve the type of force for which detention would be warranted under the statute;

  • a newly added discussion of lack of criminal responsibility;

  • Supreme Judicial Court guidance on the evidentiary significance of the defendant's rap lyrics;

  • an addition to the mental health statute allowing prisoners to petition for transfer to a Department of Mental Health facility or Bridgewater State Hospital if they have been on mental health watch for seventy-two hours or are at serious risk of imminent and serious self-harm;

  • circumstances under which hearsay is considered substantially reliable for purposes of involuntary civil commit-ment hearings under G.L. c. 123, § 35;

  • discovery sought to support a claim of selective prosecution;

  • the sufficiency of affidavits offered in support of substantive motions;

  • challenges to gun charges based on the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022); and

  • recent developments in the law on voir dire and the use of peremptory challenges.

  We trust you will find this updated version of the Massachusetts District Court Criminal Defense Manual an invaluable resource for your practice.

  Cordially,

  John M. Lawlor, Esq. MCLE Publications Attorney

• Update: August 2021

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2021 supplement to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision and supplement we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This supplement addresses practice challenges arising from the COVID-19 pandemic (such as speedy trial rights) and also features:

  • a new discussion of GPS monitoring as a condition of release (See Chapter 8: Detention Hearings);

  • a heavily refreshed chapter that provides an introduction to the substantive and procedural aspects of representing defendants with mental disabilities (see Chapter 9: Mental Health Considerations at Arraignment and Beyond); and

  • guidance on motions to challenge racial profiling pursuant to Commonwealth v. Long (see Chapter 10: Pretrial Conferences, Pretrial Hearings, and Discovery and Chapter 11: Substantive Motion Practice).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: July 2019

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2019 revision to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This edition features fresh perspectives from ten new authors. Highlights include:

  • a new chapter on building a relationship with your client (see Chapter 3);

  • practical insight on developing the theory of the case (see Chapter 4);

  • added discussion of the defenses of mere presence and personal use (see Chapter 5);

  • new guidance on motions to sever (see Chapter 11); and

  • a combined chapter on the intertwined topics of plea negotiations and sentencing (see Chapter 16).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 01 expand

Role of the Bar Advocate

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Christopher S. Skinner, Esq.,

Chapter 02 expand

Criminal Practice in the Massachusetts District Courts

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Gabrielle Mainiero,

Exhibit 2A

- Chief Justice Dawley Memorandum Regarding an Act Relative to Criminal Justice Reform Buy Form

Exhibit 2B

- Motion to Dismiss Criminal Complaint Against Defendant Buy Form

Exhibit 2C

- Affidavit in Support of Motion to Dismiss Criminal Complaint Against Defendant Buy Form

Exhibit 2D

- Motion to Dismiss or to Remand for a Show Cause Hearing Buy Form

Exhibit 2E

- Affidavit in Support of Motion to Dismiss or to Remand for a Show Cause Hearing Buy Form

Exhibit 2F

- Motion to Dismiss Count I of Complaint Against Defendant for Lack of Probable Cause Buy Form

Exhibit 2G

- Affidavit in Support of Motion to Dismiss Count I of Complaint Against Defendant for Lack of Probable Cause Buy Form

Exhibit 2H

- Memorandum of Law in Support of Motion to Dismiss for Lack of Probable Cause Buy Form

Chapter 03 expand

Building a Relationship with Your Client

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Connor M. Barusch, Esq., Committee for Public Counsel Services

Exhibit 3A

- Sample Client Interview Related to Medical Transition Buy Form

Chapter 04 expand

Developing the Theory of the Case

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Makis Antzoulatos, Esq., Committee for Public Counsel Services

Chapter 05 expand

Common Defenses

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Christian A. Williams, Esq., Harvard Law School Criminal Justice Institute

Chapter 06 expand

Ethics in Criminal Defense Practice

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Stuart M. Hurowitz, Esq., Committee for Public Counsel Services

Exhibit 6A

- Resources Related to Ethics in Criminal Defense Practice Buy Form

Chapter 07 expand

Arraignment and Bail

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Joseph M. Perullo, Esq.,

Chapter 08 expand

Detention Hearings

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Gregory P. Teran, Esq., Committee for Public Counsel Services
Steven Van Dyke, Esq., Committee for Public Counsel Services

Checklist 8.1

- Checklist for a Section 58A Hearing in the District Court Buy Form

Exhibit 8A

- Dangerousness Hearings Quick Reference Sheet (Created by Attorney Benjamin Selman) Buy Form

Exhibit 8B

- Motion for Notice Prior to G.L. c. 276, § 58A Hearing Buy Form

Exhibit 8C

- Motion for Leave to Summons Alleged Victim/Family Member of the Alleged Victim for Section 58A Hearing Buy Form

Chapter 09 expand

Mental Health Considerations at Arraignment and Beyond

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Karen Owen Talley, Esq., Committee for Public Counsel Services, Mental Health Division
Gregory P. Teran, Esq., Committee for Public Counsel Services

Exhibit 9A

- Motion for Funds for Independent Examination by a Clinician Buy Form

Exhibit 9B

- Motion to Dismiss in the Interest of Justice Buy Form

Exhibit 9C

- Motion to Dismiss in the Interest of Justice (An Intellectual Disability or Other Organic Brain Impairment) Buy Form

Exhibit 9D

- Motion to Purge Competency Report of Certain Information Buy Form

Chapter 10 expand

Pretrial Conferences, Pretrial Hearings, and Discovery Motion Practice

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Nathan M. Wong, Esq., Committee for Public Counsel Services

Exhibit 10A

- Motion for Disclosure of Prior and Subsequent Bad Acts Buy Form

Exhibit 10AA

- Affidavit of Indigency in Support of Motion for Funds Buy Form

Exhibit 10B

- Motion for Bill of Particulars Buy Form

Exhibit 10BB

- Motion for List of Persons Present Buy Form

Exhibit 10C

- Defendant’s Motion for Body Wire and Tape-Recording Evidence Buy Form

Exhibit 10CC

- Motion for Disclosure of Precise Location of Seized Evidence Buy Form

Exhibit 10D

- Motion for Disclosure of Booking Sheet Buy Form

Exhibit 10DD

- Motion for Disclosure and Production of Medical Records of Complaining Witness Buy Form

Exhibit 10E

- Motion for Breath-Testing Device and Operator Information Buy Form

Exhibit 10EE

- Motion for Nonsuggestive Identification Procedure Buy Form

Exhibit 10F

- Motion for Disclosure of Chain of Custody Buy Form

Exhibit 10FF

- Defendant’s Motion for Discovery (OUI Case) Buy Form

Exhibit 10G

- Motion for Funds for Chemist Buy Form

Exhibit 10GG

- Motion for the Commonwealth to Preserve Evidence Buy Form

Exhibit 10H

- Motion for Exculpatory Evidence: Details of Interviews with Complainant Buy Form

Exhibit 10HH

- Motion for Exculpatory Evidence (Prior Complaint(s) of Sexual Assault) Buy Form

Exhibit 10I

- Motion for Composite Drawing Buy Form

Exhibit 10II

- Motion for Exculpatory Evidence (Prior Complaint(s) of Sexual Abuse—Child) Buy Form

Exhibit 10J

- Motion for Appointment of Court Reporter Buy Form

Exhibit 10JJ

- Motion for Funds for Psychiatric Evaluation Buy Form

Exhibit 10K

- Motion for Voir Dire Regarding Identification Procedures Buy Form

Exhibit 10KK

- Motion for Psychiatric History of Complaining Witness Buy Form

Exhibit 10L

- Motion for Discovery of Drug Analysis Buy Form

Exhibit 10LL

- Motion for Discovery Regarding Roadblock Buy Form

Exhibit 10M

- Motion for Production of Department of Children and Families Records Buy Form

Exhibit 10MM

- Motion for Production of School Records of Complaining Witness Buy Form

Exhibit 10N

- Motion for Notice of Expert Testimony Buy Form

Exhibit 10NN

- Motion for Disclosure of Informant Statements Buy Form

Exhibit 10O

- Motion for Production of Eye Examiner Buy Form

Exhibit 10OO

- Motion for Disclosure of Surveillance Location Buy Form

Exhibit 10P

- Motion for Discovery of Fingerprint Evidence Buy Form

Exhibit 10PP

- Motion for Production of Video Recording Buy Form

Exhibit 10Q

- Motion for Funds for Fingerprint Expert Buy Form

Exhibit 10QQ

- Motion to Preserve Video Recording (OUI Case) Buy Form

Exhibit 10R

- Motion for Statements of Complaining Witness Buy Form

Exhibit 10S

- Motion for Defendant to Remain Out of View During Eyewitness Testimony Buy Form

Exhibit 10T

- Motion for Disclosure of Identification Procedures Buy Form

Exhibit 10U

- Motion to Impound Records Buy Form

Exhibit 10V

- Motion for Disclosure of Informant Buy Form

Exhibit 10W

- Memorandum of Law in Support of Motion for Disclosure of Informant Buy Form

Exhibit 10X

- Motion for Disclosure of Informant Regulations Buy Form

Exhibit 10Y

- Motion for Funds for Interpreter Buy Form

Exhibit 10Z

- Motion for Funds for Investigator Buy Form

Chapter 11 expand

Substantive Motion Practice

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Michael L. Tumposky, Esq., Hedges and Tumposky, LLP

Exhibit 11A

- Motion to Suppress Evidence Obtained from Warrantless Search Buy Form

Exhibit 11B

- Affidavit in Support of Motion to Suppress Evidence Obtained from Warrantless Search Buy Form

Exhibit 11C

- Posthearing Memorandum in Support of Motion to Suppress Evidence Obtained from Warrantless Search Buy Form

Exhibit 11D

- Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy Form

Exhibit 11E

- Counsel’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy Form

Exhibit 11F

- Defendant’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy Form

Exhibit 11G

- Memorandum in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant (No Probable Cause) Buy Form

Exhibit 11H

- Memorandum in Support of Motion to Suppress Evidence (Search Warrant Based on Informant Information) Buy Form

Exhibit 11I

- Memorandum in Support of Motion to Suppress Evidence (Search Beyond the Scope of the Warrant) Buy Form

Exhibit 11J

- Motion to Suppress: Franks Hearing Buy Form

Exhibit 11K

- Affidavit in Support of Motion to Suppress: Franks Hearing Buy Form

Exhibit 11L

- Memorandum in Support of Motion to Suppress: Franks Hearing Buy Form

Exhibit 11M

- Motion to Suppress Evidence: Amral Hearing Buy Form

Exhibit 11N

- Affidavit in Support of Motion to Suppress Evidence: Amral Hearing Buy Form

Exhibit 11O

- Motion to Suppress Statements Buy Form

Exhibit 11P

- Affidavit in Support of Motion to Suppress Statements Buy Form

Exhibit 11Q

- Counsel’s Affidavit in Support of Motion to Suppress Statements Buy Form

Exhibit 11R

- Memorandum in Support of Motion to Suppress Statements Buy Form

Exhibit 11S

- Defendant’s Motion to Suppress Identification Buy Form

Exhibit 11T

- Affidavit in Support of Defendant’s Motion to Suppress Identification Buy Form

Exhibit 11U

- Memorandum in Support of Defendant’s Motion to Suppress Identification Buy Form

Exhibit 11V

- Defendant’s Motion to Sever Buy Form

Exhibit 11W

- Defendant’s Motion to Dismiss Firearm Charge Pursuant to Bruen and the Second Amendment Buy Form

Exhibit 11X

- Defendant’s Motion to Dismiss in the Interests of Justice Buy Form

Chapter 12 expand

Interlocutory Remedies: Review Before Direct Appeal

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Rebecca Kiley, Esq., Committee for Public Counsel Services

Exhibit 12A

- Petition for Extraordinary Relief Buy Form

Exhibit 12B

- Affidavit in Support of Petition for Extraordinary Relief Buy Form

Exhibit 12C

- Notice of Appeal for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence Buy Form

Exhibit 12D

- Petition for Interlocutory Appeal and Stay of Proceedings in the Trial Court Buy Form

Exhibit 12E

- Affidavit of Counsel in Support of Application for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence Buy Form

Exhibit 12F

- Motion for Waiver of Entry Fee Buy Form

Exhibit 12G

- Affidavit in Support of Motion to Waive Entry Fee Buy Form

Exhibit 12H

- Affidavit of Indigency and Supplement to Affidavit of Indigency Buy Form

Exhibit 12I

- Memorandum of Law in Support of Application for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence Buy Form

Exhibit 12J

- Certificate of Service for Application for Interlocutory Appeal Buy Form

Exhibit 12K

- Motion to Waive Entry Fee (Appeals Court) Buy Form

Exhibit 12L

- Memorandum of Law in Support of Petition for Extraordinary Relief Buy Form

Exhibit 12M

- Motion for Stay of Execution of Sentence Pending Appeal Buy Form

Exhibit 12N

- Affidavit in Support of Motion for Stay of Execution of Sentence Pending Appeal Buy Form

Exhibit 12O

- Memorandum in Support of Motion for Stay of Execution of Sentence Pending Appeal Buy Form

Chapter 13 expand

Use of Experts

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Anne C. Goldbach, Esq.,
Nathan Tamulis, Esq., Committee for Public Counsel Services

Checklist 13.1

- Use of Experts Buy Form

Exhibit 13A

- Motion for Discovery of Prospective Expert Testimony, Physical Evidence, Medical Evidence, and Scientific and Forensic Tests Buy Form

Exhibit 13B

- Sample DNA Discovery Motions Buy Form

Exhibit 13C

- Motion for Expenses for Services of an Expert or Investigator Buy Form

Exhibit 13D

- Affidavit in Support of Motion for Expenses for Services for Expert or Investigator Buy Form

Exhibit 13E

- Affidavit of Indigency and Request for Waiver, Substitution, or State Payment of Fees and Costs Buy Form

Exhibit 13F

- Affidavit of Indigency in Support of Motion for Funds Buy Form

Exhibit 13G

- Motion for Submission of Ex Parte Affidavit in Support of the Defendant’s Motion for Expenses and Affidavit in Support Buy Form

Exhibit 13H

- Memorandum in Support of the Defendant’s Request to Submit an Ex Parte Affidavit in Support of the Defendant’s Motion for Expenses Buy Form

Exhibit 13I

- Notice of Appeal of Denial of Defendant’s Motion for Expenses Buy Form

Exhibit 13J

- Affidavit in Support of Defendant’s Appeal Buy Form

Exhibit 17A

- Notice of Appeal Pursuant to Rule 3 of the Massachusetts Rules of Appellate Procedure Buy Form

Exhibit 17B

- Defendant’s Motion for Leave to File Late Notice of Appeal Buy Form

Exhibit 17C

- Affidavit of Counsel in Support of Motion for Leave to File Late Notice of Appeal Buy Form

Chapter 14 expand

Trial Evidence

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Jeffrey A. Garland, Esq., Committee for Public Counsel Services

Chapter 15 expand

Trial Advocacy

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Cathleen L. Bennett, Esq.,
Matthew J. Fleischner, Esq., Committee for Public Counsel Services

Checklist 15.1

- Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial Buy Form

Chapter 16 expand

Plea Negotiations and Sentencing

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Ambar Maceo-Rossi, Esq., Kelleher & Maceo, P.C.

Chapter 17 expand

Postconviction Concerns

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Melissa Ramos, Esq., Wood & Nathanson LLP

Exhibit 17D

- Order Granting Leave to File Late Notice of Appeal Buy Form

Exhibit 17E

- Defendant’s Motion for Approval of Late Filed Notice of Appeal and Petition Pursuant to G.L. c. 211, § 3 Buy Form

Exhibit 17F

- Memorandum in Support of Petition Pursuant to G.L. c. 211, § 3 Buy Form

Exhibit 17G

- Memorandum of Decision on Defendant’s Petition Pursuant to G.L. c. 211, § 3 Buy Form

Exhibit 17H

- Request for Transcript Buy Form

Exhibit 17I

- Motion for Stay of Execution of Sentence Pending Appeal and for Order to Stenographer to Produce Transcript Forthwith Buy Form

Exhibit 17J

- Motion for a Stay of Sentence or, in the Alternative, for Bail Pending Appeal Buy Form

Exhibit 17K

- Memorandum in Support of Motion for Stay of Execution of Sentence Buy Form

Exhibit 17L

- Affidavit in Support of Motion for Stay of Execution of Sentence Buy Form

Exhibit 17M

- Defendant’s Renewed Motion for Required Finding of Not Guilty or, Alternatively, for New Trial Buy Form

Exhibit 17N

- Motion to Revise and Revoke Defendant’s Sentence Buy Form

Exhibit 17O

- Affidavit in Support of Motion to Revise and Revoke Defendant’s Sentence Buy Form

Chapter 18 expand

Probation

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Shira M. Diner, Esq., Boston University School of Law

Exhibit 18A

- Motion for Order Permitting Access to Probation Records Buy Form

Exhibit 18B

- Affidavit in Support of Motion for Order Permitting Access to Probation Records Buy Form

Exhibit 18C

- Consent for the Release of Confidential Information Buy Form

Exhibit 18D

- Probationer’s Motion to Exclude Hearsay Statement Buy Form

Exhibit 18E

- Potential Money Assessments Buy Form

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Author(s)