Dangerous Hearing/Detention Hearing
In 1994, the Massachusetts Legislature created a tool for prosecutors to jail dangerous persons up to ninety (90) days without bail. This is an extraordinary power in that it allows the government to jail the accused prior to any true determination of guilt. As with any power, this is one that is susceptible to abuse. Over the past few years the use of § 58A dangerous hearings has become widespread and often misused. This is a power that is very appealing to District Attorney Offices as it makes them look tough on crime and it leads to more guilty pleas. Additionally, it allows them to point their fingers at the judiciary if someone is not held and they later commit a new crime. Recently there has been a surge of dangerous hearings in gun possession, domestic assault and batteries and operating under the influence cases. It is important to have an attorney that understand this and knows how to defend against this extraordinary prosecutorial power. As a former prosecutor and now a defense attorney, I have successfully handled dozens of these hearings and understand how they are prosecuted and how they must be defended.