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 1 expand

Introduction to Liens

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Susan M. Walsh, Esq., First American Title

Chapter 2 expand

An Introduction to Mortgages and Foreclosures

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Francis J. Nolan, Esq., Salem Five Bank

Chapter 3 expand

The Massachusetts Mechanic’s Lien Law

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John W. DiNicola, II, Esq., DiNicola Law Group, LLC
Edwin L. Hall, Esq., Holland & Knight LLP

Checklist 3.1

- Section 2 Mechanic’s Lien—Direct Contract with Owner Buy Form

Checklist 3.2

- Section 2C Mechanic’s Lien—The Design Professional with a Direct Contract with the Owner Buy Form

Checklist 3.3

- Section 2D Mechanic’s Lien—The Design Professional with a Contract with the Section 2C Design Professional Buy Form

Checklist 3.4

- Section 4 Mechanic’s Lien—Direct Contract with Person Who Has Contract with Owner Buy Form

Checklist 3.5

- Section 4 Mechanic’s Lien—Remote Contract with Someone Who Does Not Have Contract with Owner Buy Form

Checklist 3.6

- Section 1 Mechanic’s Lien—Personal Labor—Wages and Benefits Buy Form

Exhibit 3A

- Notice of Substantial Completion Buy Form

Exhibit 3B

- Notice of Termination Buy Form

Exhibit 3C

- Notice of Contract, G.L. c. 254, § 2D Buy Form

Exhibit 3D

- Notice of Identification Buy Form

Exhibit 3E

- Blanket “No-Lien” Bond Buy Form

Exhibit 3F

- Target Lien Dissolution Bond Buy Form

Exhibit 3G

- Partial Waiver and Subordination of Lien Buy Form

Exhibit 3H

- Notice of Dissolution of Lien Buy Form

Exhibit 3I

- Notice of Contract, G.L. c. 254, § 2 Buy Form

Exhibit 3J

- Statement of Account Buy Form

Exhibit 3K

- Massachusetts Deed Indexing Standards: Document Formatting Standards Buy Form

Exhibit 3L

- Notice of Contract, G.L. c. 254, § 2C Buy Form

Exhibit 3M

- Notice of Contract, G.L. c. 254, § 4 Buy Form

Chapter 4 expand

Condominium Lien Law—Covenants, Obligations, and Enforcement

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Exhibit 4A

- Notice of Sale Form Required by G.L. c. 254, § 5A Buy Form

Exhibit 4B

- Fannie Mae Selling Guide Announcement SEL-2014-02 (January 14, 2014) Buy Form

Exhibit 4C

- Tessier v. Salem Five Cent Savings Bank Buy Form

Chapter 5 expand

Tax Liens and Liens Arising from Death

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Exhibit 5A

- Department of Revenue Directive 03-2 Buy Form

Exhibit 5B

- Application for Certificate Releasing Massachusetts Estate Tax Lien, Form M-4422 Buy Form

Exhibit 5C

- Massachusetts Estate Tax Return, Form M-706 Buy Form

Chapter 6 expand

Municipal and Miscellaneous Liens

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Amanda Zuretti, Esq., Bowditch & Dewey LLP

Exhibit 6A

- Chart Summarizing Revised G.L. c. 61 Buy Form

Chapter 7 expand

Litigation Liens

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Scott J. Clifford, Esq., Lipsey & Clifford, PC

Exhibit 7A

- Complaint Buy Form

Exhibit 7B

- Sample Motion for Ex Parte Attachment Buy Form

Exhibit 7C

- Sample Affidavit for Ex Parte Attachment Buy Form

Exhibit 7D

- Certificate Relating to Insurance Buy Form

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