Massachusetts Criminal Defense Lawyer Blog

The Massachusetts legislature amended the dangerousness hearing statute to essentially overrule the Massachusetts Supreme Judicial Court's decision in Commonwealth v. Thomas. In that decision, the SJC held that mere possession of a firearm does not allow the Commonwealth to hold a defendant without bail under the dangerousness statute because possession of a firearm in itself is not inherently dangerous. The court held that possession would have to be combined with some evidence that the individual intended to use the firearm in a dangerous fashion. Without such evidence, possession of an unlicensed firearm is essentially a regulatory offense, under the court's reasoning, that did not cause a substantial risk of harm to the public.

The Amendment to the statute means that any individual charged with a Massachusetts gun offense is likely to face a request by the Commonwealth that the defendant be held without bail for up to 90 days. Prior to Thomas, it was the routine practice in Bristol County District Court for the Commonwealth to seek dangerousness hearings in all gun cases.

When the Commonwealth requests a dangerousness hearing, a Massachusetts criminal defense lawyer can object to the request and if it is denied will then have the opportunity to cross examine the Commonwealth's witnesses in an effort to have the court deny the request. In some cases, where a defendant would likely be held on high bail, a dangerousness hearing can actually help a defendant by proving an opportunity to obtain a preview of the Commonwealth's testimony prior to trial.