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Anatomy of a Criminal Case

Additional Details on §58A Dangerous Hearings

In order to initially move for a dangerous hearing, the prosecution must show that the defendant is charged with a crime that is within one of the enumerated offenses of the statute. Among the applicable offenses are:
  • Felonies that have as an element of the offense “the use, attempted use, or threatened use of physical force against the person of another”;
  • “any other felony that by its nature involves a substantial risk that physical force against the person or another may result, including the crimes of burglary and arson";
  • Violations of a protective or restraining order;
  • An arrest for OUI 3rd and above.
If a judge agrees that the defendant is charged with a crime that falls within the applicable offenses, the defendant will be held up to 3 days prior to the actual dangerous hearing. At the dangerous hearing the prosecution must present witnesses and evidence that shows that there was probable cause to arrest the defendant and that there is clear and convincing evidence that “no condition of release will reasonably assure the safety of another person or the community.”

It is often this last standard of showing that no conditions of release will reasonable assure the safety of another person or the community, which causes the prosecution to stumble. A good defense attorney can often exploit this requirement and show that there is almost always ways to release the defendant that will ensure the public safety.