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

Income: Sources, Discovery, and Evidence

Buy Chapter

Emmanuel J. Dockter, Esq.,
Michael L. Leshin, Esq., HealyFiske LLP

Checklist 1.1

- Checklist for Determining Sources of Income from Employment Buy Form

Checklist 1.2

- Checklist for Determining Sources of Income from Investments Buy Form

Checklist 1.3

- Checklist for Determining Sources of Income from Government Entities, Trusts, and Retirement Plans Buy Form

Checklist 1.4

- Checklist of Sources of Information Regarding Opposing Party’s Income Buy Form

Chapter 2 expand

Child Support and Alimony

Buy Chapter

Pasquale DeSantis, Esq., Prince Lobel Tye LLP
Peter A. Kuperstein, Esq., Prince Lobel Tye LLP
Donald G. Tye, Esq., Prince Lobel Tye LLP

Exhibit 2A

- 2021 Massachusetts Child Support Guidelines Buy Form

Exhibit 2B

- Child Support Guidelines Worksheet Buy Form

Exhibit 2C

- Findings and Determinations for Child Support and Post-Secondary Education Buy Form

Exhibit 2D

- 2D—DOR/CSE Tips for Family Lawyers Buy Form

Exhibit 2E

- Child Support Intake Form and Application for Full Child Support Services Buy Form

Exhibit 2F

- DOR/CSE Regional Offices Buy Form

Exhibit 2G

- Alimony Reform Act of 2011 Buy Form

Chapter 3 expand

Division of Real Property and Intangible Nonretirement Assets

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Emmanuel J. Dockter, Esq.,

Chapter 4 expand

Division of Retirement Assets in Divorce

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Ari J. Sonneberg, Esq., Wagner Law Group, PC
Marcia S. Wagner, Esq., Wagner Law Group, PC

Exhibit 4A

- IRS Sample QDRO Buy Form

Exhibit 4B

- Sample QDRO and Comments from Massachusetts Teachers’ Retirement System Booklet, What You Need to Know as a Party to a Domestic Relations Order Buy Form

Exhibit 4C

- Rev. Rul. 2002-22, 2002-1 CB 849, 05/08/2002, I.R.C. § 1041 Buy Form

Exhibit 4D

- Rev. Rul. 2004-60, 2004-24 IRB 1051, 06/04/2004, I.R.C. § 3111 Buy Form

Chapter 5 expand

Business Valuation

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David M. Bilodeau, Esq., Goldstein & Bilodeau, PC
Howard I. Goldstein, Esq.,

Exhibit 5A

- Example Request for Production of Documents Buy Form

Exhibit 5B

- Example Request for Interrogatories Buy Form

Exhibit 5C

- Example Deposition Subpoena Buy Form

Chapter 6 expand

Life Insurance

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Brendan M. Collins, Esq.,
Julie Linehan, Northwestern Mutual
Kelly A. Schwartz, Esq., Fitch Law Partners LLP

Exhibit 6A

- Sample Benefits and Premiums Buy Form

Exhibit 6B

- Special Authorization Form Buy Form

Exhibit 6C

- Draft HIPAA Waiver Buy Form

Chapter 7 expand

Inheritances, Gifts, and Trust Interests in Divorce

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Jonathan E. Fields, Esq., Fields and Dennis LLP

Chapter 8 expand

Payment of Children’s College Education

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Larry Dannenberg,
Barbara L. Drury, Esq., Fitch Law Partners LLP
John P. Foley, E3 Financial Planning
Al Hoffman, College Funding Service Center
Stephen A. MacKenzie, Esq., Fitch Law Partners LLP
Andrea M. Winterer, E3 Financial Planning

Chapter 9 expand

Reverse Mortgages During and After Divorce

Buy Chapter

Stephen R. Pepe, Esq., Longbridge Financial, LLC

Exhibit 9A

- Sample HECM Promissory Note Buy Form

Exhibit 9B

- Sample HECM Mortgage Buy Form

Exhibit 9C

- List of EOEA Approved Counseling Agencies Buy Form

Exhibit 9D

- Sample FHA Gift Affidavit Buy Form

Exhibit 9E

- FHA Amendatory Clause Buy Form

Chapter 10 expand

Bankruptcy and Divorce

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Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 11 expand

Tax Considerations

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Claire K. Forkner, Esq., Lee & Rivers, LLP
David H. Lee, Esq., Lee & Rivers LLP

Exhibit 11A

- Intended Taxable/ Deductible Alimony Adjustment; Intent of the Parties Buy Form

Exhibit 11B

- Indemnification Clauses for Use in Separation Agreement Alternative 1 Buy Form

Exhibit 11C

- Indemnification Clauses for Use in Separation Agreement Alternative 2 Buy Form

Exhibit 11D

- Indemnification Agreement for Use During Pendency of Divorce Buy Form

Editor(s)

Author(s)