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Massachusetts District Court Criminal Defense Manual

What you need to give your clients the best defense.

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  • Product Number: 1960301EBK
  • Publication Date: 9/1/2016
  • Edition: 4th Edition 2016
  • Copyright: © 2016 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    The Massachusetts District Court Criminal Defense Manual is a practical and comprehensive "tool box" geared for criminal defense in the District Court. Filled with seasoned advice from Massachusetts' finest criminal law practitioners and judges, the book guides you through every phase of criminal representation, from filing an appearance through pretrial hearings, trial and any post-conviction process. This is the key manual used for Bar Advocate trainings, and it is the only manual in Massachusetts that combines the advice of CPCS lawyers with that of private counsel, judges, and prosecutors.

    Recent updates:

    • Update: August 2016

      Dear Subscriber:

      Thank you for updating your criminal law practice library with the 2016 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. Highlights include:

      • a new ethics chapter taking into account the many Rules of Professional Conduct changes enacted in 2015 (see chapter 5);
      • a completely revamped and reorganized chapter on arraignment and bail (see chapter 6);
      • an extensively refreshed chapter on mental health considerations (see chapter 7); and
      • a brand-new chapter on probation (see chapter 18).

      We at MCLE trust that you will find these new materials useful in your 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

    Table of Contents

    expand all
    Chapter 1 expand
    Chapter 2 expand

    Criminal Practice in the Massachusetts District Courts

    Buy Chapter
    Paul R. Rudof, Esq., Elkins, Auer, Rudof & Schiff LLP

    Exhibit 2A

    - Motion to Dismiss Buy Form

    Exhibit 2B

    - Affidavit in Support of Motion to Dismiss Buy Form

    Exhibit 2C

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

    Exhibit 2D

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

    Exhibit 2E

    - Affidavit of Counsel Buy Form

    Exhibit 2F

    - Motion to Dismiss Buy Form

    Exhibit 2G

    - Memorandum of Law in Support of Motion to Dismiss Buy Form
    Chapter 3 expand

    Developing the Theory of the Case and Other Strategies

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    Chapter 4 expand
    Chapter 5 expand

    Exhibit 5A

    - Resources Related to Ethics in Criminal Defense Practice Buy Form
    Chapter 6 expand
    Chapter 7 expand

    Detention Hearings

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    Steven Van Dyke, Esq., Committee for Public Counsel Services

    Exhibit 7A

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

    Exhibit 7B

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

    Exhibit 7C

    - Motion for Leave to Summons Alleged Victim / Family Member of the Alleged Victim for Section 58A Hearing Buy Form
    Chapter 8 expand

    Mental Health Considerations at Arraignment and Beyond

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    Exhibit 8A

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

    Exhibit 8B

    - Motion to Dismiss in the Interest of Justice Buy Form

    Exhibit 8C

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

    Exhibit 8D

    - Motion to Purge Competency Report of Certain Information Buy Form

    Exhibit 8E

    - Motion for Voir Dire Examination of Expert Witness Buy Form

    Exhibit 8F

    - Motion to Exclude Opinion Testimony as to Defendant's Competency Buy Form
    Chapter 9 expand

    Pretrial Conferences, Pretrial Hearings, and Discovery Motion Practice

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    Exhibit 9A

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

    Exhibit 9AA

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

    Exhibit 9B

    - Motion for Bill of Particulars Buy Form

    Exhibit 9BB

    - Motion for List of Persons Present Buy Form

    Exhibit 9C

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

    Exhibit 9CC

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

    Exhibit 9D

    - Motion for Disclosure of Booking Sheet Buy Form

    Exhibit 9DD

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

    Exhibit 9E

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

    Exhibit 9EE

    - Motion for Nonsuggestive Identification Procedure Buy Form

    Exhibit 9F

    - Motion for Disclosure of Chain of Custody Buy Form

    Exhibit 9FF

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

    Exhibit 9G

    - Motion for Funds for Chemist Buy Form

    Exhibit 9GG

    - Motion to Preserve Evidence Buy Form

    Exhibit 9H

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

    Exhibit 9HH

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

    Exhibit 9I

    - Motion for Composite Drawing Buy Form

    Exhibit 9II

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

    Exhibit 9J

    - Motion for Appointment of Court Reporter Buy Form

    Exhibit 9JJ

    - Motion for Funds for Psychiatric Evaluation Buy Form

    Exhibit 9K

    - Motion for Voir Dire Regarding Identification Procedures Buy Form

    Exhibit 9KK

    - Motion for Psychiatric History of Complaining Witness Buy Form

    Exhibit 9L

    - Motion for Discovery of Drug Analysis Buy Form

    Exhibit 9LL

    - Motion for Discovery Regarding Roadblock Buy Form

    Exhibit 9M

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

    Exhibit 9MM

    - Motion for Production of School Records Buy Form

    Exhibit 9N

    - Motion for Notice of Expert Testimony Buy Form

    Exhibit 9NN

    - Motion for Disclosure of Informant Statements Buy Form

    Exhibit 9O

    - Motion for Production of Eye Examiner Buy Form

    Exhibit 9OO

    - Motion for Disclosure of Surveillance Location Buy Form

    Exhibit 9P

    - Motion for Discovery of Fingerprint Evidence Buy Form

    Exhibit 9PP

    - Motion for Production of Video Recording Buy Form

    Exhibit 9Q

    - Motion for Funds for Fingerprint Expert Buy Form

    Exhibit 9QQ

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

    Exhibit 9R

    - Motion for Statements of Complaining Witness Buy Form

    Exhibit 9S

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

    Exhibit 9T

    - Motion for Disclosure of Identification Procedures Buy Form

    Exhibit 9U

    - Motion to Impound Records Buy Form

    Exhibit 9V

    - Motion for Disclosure of Informant Buy Form

    Exhibit 9W

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

    Exhibit 9X

    - Motion for Disclosure of Informant Regulations Buy Form

    Exhibit 9Y

    - Motion for Funds for Interpreter Buy Form

    Exhibit 9Z

    - Motion for Funds for Investigator Buy Form
    Chapter 10 expand

    Substantive Motion Practice

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    Exhibit 10A

    - Motion to Suppress Evidence Obtained from Warrantless Search Buy Form

    Exhibit 10B

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

    Exhibit 10C

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

    Exhibit 10D

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

    Exhibit 10E

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

    Exhibit 10F

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

    Exhibit 10G

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

    Exhibit 10H

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

    Exhibit 10I

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

    Exhibit 10J

    - Motion to Suppress: Franks Hearing Buy Form

    Exhibit 10K

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

    Exhibit 10L

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

    Exhibit 10M

    - Motion to Suppress Evidence: Amral Hearing Buy Form

    Exhibit 10N

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

    Exhibit 10O

    - Motion to Suppress Statements Buy Form

    Exhibit 10P

    - Affidavit in Support of Motion to Suppress Statements Buy Form

    Exhibit 10Q

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

    Exhibit 10R

    - Memorandum in Support of Motion to Suppress Statements Buy Form

    Exhibit 10S

    - Defendant's Motion to Suppress Identification Buy Form

    Exhibit 10T

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

    Exhibit 10U

    - Memorandum in Support of Defendant's Motion to Suppress Identification Buy Form
    Chapter 12 expand

    Interlocutory Remedies: Review Before Direct Appeal

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    Exhibit 12A

    - Petition for Extraordinary Relief Buy Form

    Exhibit 12B

    - Affidavit in Support of Petition for Extraordinary Relief Buy Form

    Exhibit 12C

    - Pretrial Intake/Indigency Report and Affidavit Buy Form

    Exhibit 12D

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

    Exhibit 12E

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

    Exhibit 12F

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

    Exhibit 12G

    - Motion for Waiver of Entry Fee (Supreme Judicial Court) Buy Form

    Exhibit 12H

    - Affidavit in Support of Motion to Waive Entry Fee (Supreme Judicial Court) 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

    - Affidavit in Support of Motion to Waive Entry Fee (Appeals Court) Buy Form

    Exhibit 12M

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

    Exhibit 12N

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

    Exhibit 12O

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

    Exhibit 12P

    - Memorandum in Support of Motion for Stay of Execution of Sentence Pending Appeal Buy Form
    Chapter 13 expand

    Exhibit 13A

    - Checklist: Use of Experts Buy Form

    Exhibit 13B

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

    Exhibit 13C

    - Motion for Expenses I Buy Form

    Exhibit 13D

    - Affidavit in Support of Motion for Expenses I 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 13K

    - Sample DNA Discovery Motions Buy Form
    Chapter 14 expand

    Trial Evidence

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    Chapter 15 expand

    Exhibit 15A

    - Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial Buy Form
    Chapter 16 expand
    Chapter 17 expand

    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

    Exhibit 17D

    - Order 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 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 Buy Form

    Exhibit 17L

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

    Exhibit 17O

    - Affidavit in Support of Motion to Revise and Revoke Buy Form
    Chapter 18 expand

    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
    Appendix

    Reference Resource: Elements of Common Crimes Within the Jurisdiction of the District Court

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    Appendix

    - Reference Resource: Elements of Common Crimes Within the Jurisdiction of the District Court Buy Form
  • Editors & Authors