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

Overview of the Attorney’s Role

Buy Chapter

Gail E. McTaggart, Esq., Secor, Cassidy & McPartland, PC

Checklist 1.1

- Purchase and Sale Conference Checklist for Representing the Seller Buy Form

Checklist 1.2

- Buyer’s Conference Checklist for Purchase and Sale Agreement Buy Form

Checklist 1.3

- Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist) Buy Form

Chapter 2 expand

The Contracts: The Offer to Purchase and the Purchase and Sale Agreement

Buy Chapter

Robert L. Fisher, Jr., Esq., Cramer & Anderson

Exhibit 2A

- State of Connecticut Residential Property Condition Report Buy Form

Exhibit 2B

- Affidavit Concerning Smoke and Carbon Monoxide Detectors for Use in Connecticut Real Estate Transactions Buy Form

Exhibit 2C

- Connecticut Association of REALTORS®, Inc. (CAR) Purchase and Sale Agreement Buy Form

Exhibit 2D

- Real Estate Contract of Sale Buy Form

Exhibit 2E

- List of Real Property Liens and Expiration Dates Buy Form

Exhibit 2F

- Nonforeign Person Certificate Buy Form

Exhibit 2G

- IRS Form 1099-S Buy Form

Chapter 3 expand

Financing a Residential Real Estate Transaction

Buy Chapter

John W. Dombrowski, Jr., Esq.,

Checklist 3.1

- Checklist for Closing Buy Form

Exhibit 3A

- Fannie Mae/Freddie Mac Multistate Fixed-Rate Note Buy Form

Exhibit 3B

- Fannie Mae/Freddie Mac Multistate Adjustable-Rate Note Buy Form

Exhibit 3C

- Loan Estimate Buy Form

Exhibit 3D

- Closing Disclosure Buy Form

Chapter 4 expand

Connecticut Real Estate Titles

Buy Chapter

Stephen Maggiola, Esq., Connecticut Attorneys Title Insurance Company

Chapter 5 expand

Title Insurance Basics

Buy Chapter

David S. Veleber, Esq.,

Exhibit 5A

- ALTA Loan Policy Buy Form

Exhibit 5B

- ALTA Owner’s Policy Buy Form

Exhibit 5C

- CATIC Affirmative Language Endorsement Buy Form

Exhibit 5D

- ALTA Endorsement Form 9-06 Buy Form

Exhibit 5E

- ALTA Endorsement Form 8.1 Buy Form

Exhibit 5F

- ALTA Endorsement Form 7-06 Buy Form

Exhibit 5G

- ALTA Endorsement Form 6.2 Buy Form

Exhibit 5H

- ALTA Endorsement Form 5.1-06 Buy Form

Exhibit 5I

- ALTA Endorsement Form 4.1 Buy Form

Exhibit 5J

- CATIC Construction Mortgage Endorsement Buy Form

Exhibit 5K

- CATIC Notice of Availability of Owner Title Insurance Buy Form

Exhibit 5L

- ALTA Commitment Form Buy Form

Exhibit 5M

- CATIC Owner Affidavit Buy Form

Exhibit 5N

- ALTA Homeowner’s Policy Buy Form

Exhibit 5O

- ALTA Expanded Coverage Residential Loan Policy Buy Form

Chapter 6 expand

Deeds

Buy Chapter

Thomas B. Kane, Esq., Kane Hartley & Kane, PC
Thomas P. Kane, Esq., Kane Hartley & Kane, PC

Chapter 7 expand

Common Practices to Close the Sale

Buy Chapter

Robert S. Carey, Jr., Esq.,

Exhibit 7A

- Buyer Engagement Letter (Example No. 1) Buy Form

Exhibit 7AA

- Use and Occupancy Agreement Buy Form

Exhibit 7B

- Buyer Engagement Letter (Example No. 2) Buy Form

Exhibit 7BB

- Release or Satisfaction of Mortgage Letter Buy Form

Exhibit 7C

- Buyer Engagement Letter (Example No. 3—Closing Only) Buy Form

Exhibit 7CC

- Certification for No Information Reporting Buy Form

Exhibit 7D

- Seller Engagement Letter (Example No. 1) Buy Form

Exhibit 7E

- Seller Engagement Letter (Example No. 2) Buy Form

Exhibit 7F

- Refinance Engagement Letter (Example No. 1) Buy Form

Exhibit 7G

- Refinance Engagement Letter (Example No. 2) Buy Form

Exhibit 7H

- Refinance Engagement Letter (Example No. 3) Buy Form

Exhibit 7I

- Individual Waiver of Mechanic’s Lien Buy Form

Exhibit 7J

- Waiver of Mechanics’ Liens Buy Form

Exhibit 7K

- Buyer/Borrower Closing Disclosure Buy Form

Exhibit 7L

- Seller Closing Disclosure Buy Form

Exhibit 7M

- Owner Affidavit Buy Form

Exhibit 7N

- Certificate of Name Change Buy Form

Exhibit 7O

- Statutory Warranty Deed Buy Form

Exhibit 7P

- Statutory Form Quitclaim Deed Buy Form

Exhibit 7Q

- Statutory Warranty Deed (Survivorship) Buy Form

Exhibit 7R

- Statement of Real Estate Conveyance Tax Buy Form

Exhibit 7S

- OP-236 Real Estate Conveyance Tax Return Buy Form

Exhibit 7T

- Form 1099-S Buy Form

Exhibit 7U

- Undertaking and Indemnity for Payoff of Existing Mortgage Buy Form

Exhibit 7V

- Certificate of Nonforeign Status Buy Form

Exhibit 7W

- Multistate Fixed Rate Note Buy Form

Exhibit 7X

- Adjustable Rate Note Buy Form

Exhibit 7Y

- Open-End Mortgage Deed Buy Form

Exhibit 7Z

- Mortgage Deed Buy Form

Chapter 8 expand

Preforeclosure Issues

Buy Chapter

Michelle L. Bibeau, Esq.,
Michael D. O'Connell, Esq.,

Chapter 9 expand

Foreclosure Procedure from Complaint Through Sale

Buy Chapter

Michelle L. Bibeau, Esq.,
Michael D. O'Connell, Esq.,

Exhibit 9A

- Civil Summons Buy Form

Exhibit 9B

- Civil Summons Continuation of Parties Buy Form

Exhibit 9C

- Notice to Homeowner of Availability of Foreclosure Mediation Buy Form

Exhibit 9D

- Foreclosure Mediation Certificate Buy Form

Exhibit 9E

- Appearance Buy Form

Exhibit 9F

- Military Affidavit Buy Form

Exhibit 9G

- Motion for Approval of Committee Sale Buy Form

Exhibit 9H

- Foreclosure by Sale Committee Report Buy Form

Exhibit 9I

- Foreclosure by Sale Committee Deed Buy Form

Exhibit 9J

- Motion for Supplemental Judgment Buy Form

Chapter 10 expand

Title Issues in Foreclosure Practice

Buy Chapter

Ellen L. Sostman, Esq.,
Bruce A. Zawodniak, Esq., Connecticut Attorneys Title Insurance Company

Checklist 10.1

- Court Foreclosure File Checklist Buy Form

Exhibit 10A

- Satisfaction of Judgment Buy Form

Author(s)