Why You Don't Want to Be Found 'Dangerous' Under Massachusetts General Law Chapter 58A

Thomas Kennedy May Be Able to Help

The Law Offices of
Thomas D. Kennedy
25 Hurd Street
Lowell, MA 01852
Tel. 978-454-2446

Massachusetts General Law Chapter 58A, also known as "An Act Relative to Dangerous Persons," governs the pretrial detention of individuals who are deemed to pose a significant risk of danger to others. If a person is not found dangerous under this law, they may experience several benefits:

  1. No pretrial detention: If a person is not considered dangerous under 58A, they will not be subjected to pretrial detention solely based on the perceived risk they pose to the public. This allows them to continue living their daily life while awaiting trial.

  2. Bail and release conditions: Being found not dangerous might make it easier for the defendant to be granted bail or released on their recognizance, with or without conditions. This can reduce financial burdens and maintain personal freedom while awaiting trial.

  3. Employment and personal life: Not being deemed dangerous allows a person to maintain their employment, relationships, and other personal obligations without the disruptions that pretrial detention can cause.

  4. Legal defense: Remaining free while awaiting trial can give a defendant greater access to resources, legal counsel, and the ability to actively participate in building their defense.

  5. Public perception: Not being labeled as dangerous can have a positive impact on how the defendant is perceived by others, including potential jurors, which might affect the outcome of their case.

  6. Impact on sentencing: If a defendant is ultimately convicted, not being found dangerous under 58A could potentially lead to a more favorable sentence, as judges may consider the defendant's threat to public safety when determining an appropriate punishment.

Please remember that this information is not a substitute for legal advice, and you should consult with a licensed attorney for guidance on specific legal matters.

An Attorney May Be Able to Help You Be Found Not Dangerous

A defendant would want an attorney who could help them avoid being found dangerous under Massachusetts General Law Chapter 58A to benefit from the advantages mentioned previously, such as avoiding pretrial detention, maintaining employment, and preserving personal freedom. To find an attorney who can effectively advocate for the defendant in this regard, one should look for the following qualities:

  1. Knowledge and experience: An attorney well-versed in Massachusetts criminal law, specifically Chapter 58A, would be better equipped to build a strong argument that the defendant is not dangerous. Experience in handling similar cases can be invaluable.

  2. Strong communication skills: The attorney should be able to articulate the defendant's position clearly and persuasively to the judge, the prosecutor, and, if necessary, the jury. This includes both written and oral communication skills.

  3. Research and analytical skills: An effective attorney should be capable of thoroughly researching relevant laws, case precedents, and other legal authorities to support their argument that the defendant is not dangerous under Chapter 58A.

  4. Negotiation skills: In some cases, the attorney may need to negotiate with the prosecutor to reach an agreement about the defendant's classification under Chapter 58A. An attorney with strong negotiation skills could potentially achieve a more favorable outcome for the defendant.

  5. Compassion and empathy: An attorney who genuinely cares about the defendant's well-being and understands the impact of a dangerousness determination on their life can be more motivated to fight for the best possible outcome.

  6. Creativity and adaptability: A good attorney should be able to think outside the box and adapt to changing circumstances to build the strongest possible argument for the defendant.

  7. Reputation and track record: An attorney with a solid reputation and a history of successful outcomes in similar cases can inspire confidence in the defendant and may have a positive influence on the case's outcome.

  8. Responsiveness and accessibility: An attorney who is responsive to the defendant's needs and accessible when questions or concerns arise can help alleviate some of the stress associated with the legal process.

Keep in mind that it is essential to consult with a licensed attorney to discuss the specifics of your case and receive tailored legal advice.

Thomas Kennedy recently helped a client be found not 'dangerous' on appeal in Superior Court. He may be able to help you too.

Call today for a free consultation: 978-454-2446

Contact our firm today if you have a legal issue concerning:

  • Criminal law
  • Civil motor vehicle infractions
  • Landlord/tenant disputes

We serve our clients with our full attention in helping them resolve their matters while never losing sight of their best interests. We are a law firm that works on behalf of our clients to obtain the best settlement possible.

We serve clients in Lowell, as well as neighboring towns of Dracut, Chelmsford, Tewksbury, Tyngsborough, and Westford. Call attorney Thomas Kennedy today for a consultation.