Today I received a letter from the Massachusetts State Parole Board, stating that a Parole Hearing was to be held for Christopher Parker in Janusary....so much for the mandatory two year sentence!!!!!!!
After a few phone calls and a bit of digging by the Barnstable County House of Correction they found that an error had been made and Parker should not come up for Parole until May 2009. Phew! If I hadn't called then he would have been let out sometime in Feb. 2008 after serving only 7 months.
You hear about convicts being paroled early "by accident", but never would I have thought I would have a letter in my hand that was one of those "accidents". Right now there are several candidants for President of the U.S. that are defending themselves against allegations that their administrations had let convicted men out way too early on Parole. It is in the news all too often and now I have proof of it. To say we, the family and friends of Diane, are disheartend is an understatement. There needs to be a better system of double and even triple checking to make sure these errors don't continue.
I have written another letter to Gov. Devol Patrick, letting him know once again how disappointed I am in Massachusett's law and correctional system and asking him how this can happen? If I get a response I will post it here. If anyone else would like to have their voices heard in this disturbing chain of events please contact the Governor (website is sidebar).
I have not forgotten this site but had to take some time off to get my health in order. Now it looks like my fight has been recharged!
Sue
Showing posts with label Magistrate Hearing. Show all posts
Showing posts with label Magistrate Hearing. Show all posts
Thursday, December 6, 2007
Thursday, April 5, 2007
Man accused in fatal crash misses hearing
Man accused in fatal crash misses hearing
By George Brennan Staff Writer Cape Cod Times
BARNSTABLE - Christopher Parker, the man accused of vehicular homicide in a Sandwich crash that killed a Forestdale grandmother, failed to appear yesterday for a show-cause hearing he requested.
Barnstable District Court Clerk Magistrate Robert Powers will now decide whether to issue a criminal complaint against Parker. If he does, Parker will be scheduled for arraignment.
Powers did not return several messages left at his office yesterday.
Parker, 50, was cited in connection with a three-car crash on Route 130 last month that caused the death of Diane Carhart, 63.
''The family is frustrated that this process is taking so long,” said Susan Linhares, Carhart's daughter.
Linhares, who lives in Mattapoisett, waited with police and prosecutors for more than an hour for Parker to appear, even though she would have been forced to wait in the court's lobby during the hearing. Because Parker was cited instead of arrested, he had the right to request the magistrate's hearing within four days of the citation being issued. He exercised that right, but failed to appear.
The person who answered the phone at Parker's Forestdale home yesterday hung up when a reporter identified himself.
At the time of the crash, Parker was driving with a revoked license. His record is filled with driving infractions that include four convictions for operating under the influence of alcohol dating back to 1982.
George Brennan can be reached at gbrennan @capecodonline.com.
(Published: April 5, 2007)
Clerk magistrate's hearing normally closed to public
The article below appears in today's Cape Cod Times. As I have stated previously it should be noted that in spite of the public records laws afforded us by the first ammendment Magistrate Hearings are closed to the public in the State of Massachusetts, the only state in the U.S. where this happens. The results of these closed hearings are only known if the magistrate decides to file charges, and then only through court records.
Clerk magistrate's hearing normally closed to public
By Hilary Russ Cape Cod Times Staff Writer
BARNSTABLE - Despite a reporter's request to attend a hearing in a high-profile case, the proceeding went ahead behind closed doors yesterday in the criminal case against Christopher Parker, the man accused of causing a three-car accident that killed a Forestdale woman last month.
Several days after the crash that killed 63-year-old Diane Carhart, Parker was cited for vehicular homicide. Yesterday's hearing was supposed to lay out the facts of the case before Barnstable District Court Clerk Magistrate Robert Powers, who will decide whether the charge can go forward to trial proceedings.
The ''show-cause” or ''clerk-magistrate's” hearing, which is held in cases in which a defendant is summonsed or cited with a crime but not arrested, is normally not open to the public. So yesterday's decision to hold Parker's hearing behind closed doors hardly came as a shock to Cape Cod Times editor Paul Pronovost.
''We're disappointed that the clerk magistrate denied our access to these hearings, but we're not surprised,” he said.
State judicial guidelines suggest such proceedings should be ''presumptively” closed to the public, not restricted in all cases, according to District Court Standards of Judicial Practice, or so-called Complaint Standards, which were cited in a decision last week by the Supreme Judicial Court.
In the SJC case, The Eagle-Tribune sought access to a clerk magistrate's hearing after an underage woman was stabbed at a Lawrence nightclub. She had allegedly been served alcohol at the club, and the newspaper tried to get into the hearing about criminal charges against the nightclub's corporate owner.
Writing for the SJC, Associate Justice Judith Cowin said The Eagle-Tribune had no First Amendment right of public access to the proceeding. She likened such hearings to grand jury proceedings, which precede the filing of criminal charges, are more informal than other types of court proceedings, and have not traditionally been open to the public.
But Cowin did hint that there could be other grounds for admittance.
''There may be circumstances in which an open hearing is appropriate,” she wrote.
Citing case law, Cowin wrote ''transparency that open proceedings afford may be especially important if a well-publicized show cause hearing results in a decision not to bring criminal charges. ... In such cases, the public may question whether justice has been done behind the closed doors of the hearing room.”
By emphasizing language in the Complaint Standards, ''the SJC has given the media some ammunition going forward in trying to gain access to these hearings,” said Kimberley Keyes, an attorney at Prince, Lobel, Glovsky & Tye in Boston. The firm provides legal counsel for the New England Press Association.
Pronovost said the Times does not intend to appeal Powers' decision to a single justice of the SJC.
Susan Linhares, Carhart's daughter, said she finds the process of clerk magistrate hearings frustrating.
''It seems as though they're trying to be secretive by holding them behind closed doors,” she said. ''I'm sure that's not what they're intending, but that's the appearance.”
Staff writer George Brennan contributed to this report. Hilary Russ can be reached at hruss@capecodonline.com.
(Published: April 5, 2007)
Wednesday, April 4, 2007
Christopher G. Parker - A No-Show at Magistrate Hearing!
Today at 2pm Christopher G. Parker was supposed to appear at a Magistrate Hearing at the Barnstable District Courthouse. This Magistrate Hearing had been requested by Parker when he had been served with the criminal citation which charged him with homicide by motor vehicle due to negligence as well as driving under a revoked license. Had Parker not requested the Magistrate Hearing within four days a complaint would have been issued ordering him to appear in court. His requesting the hearing and then not showing up seems to me only to be a delay tactic.
It was nice to see Mom's neighbor Nancy and reporter George Brennan in the courthouse when I arrived. I was also greated by A.D.A. Bryan Shea and Kathleen Finnegan who has been assigned as "our" victim witness advisor. Waiting for Parker to appear were also two of the Sandwich Police Officers who were working the case as well as the Sandwich Police Chief.
So what happens now? I asked that question and was told a complaint would now be issued for Parker to appear in court. The complaint has to be served to Parker so that takes a few days. On the date that Parker is given to appear he will be arraigned and read the charges against him. I will be notified of the date for Parker's next appearence at the Barnstable District Courthouse and will post it here. I have been told the date could be two to four weeks from today, depending on the case load at the courthouse. Look for it listed in the Important Dates section at left.
When asked how I feel about Parker not appearing today one word came to mind...frustrated! Tommorrow will be one month since my Mom was killed and yet the man who is being charged has not yet appeared in court. It is frustrating that he has more rights than my Mom, Diane Carhart, who never had received even a speeding ticket.
It was nice to see Mom's neighbor Nancy and reporter George Brennan in the courthouse when I arrived. I was also greated by A.D.A. Bryan Shea and Kathleen Finnegan who has been assigned as "our" victim witness advisor. Waiting for Parker to appear were also two of the Sandwich Police Officers who were working the case as well as the Sandwich Police Chief.
So what happens now? I asked that question and was told a complaint would now be issued for Parker to appear in court. The complaint has to be served to Parker so that takes a few days. On the date that Parker is given to appear he will be arraigned and read the charges against him. I will be notified of the date for Parker's next appearence at the Barnstable District Courthouse and will post it here. I have been told the date could be two to four weeks from today, depending on the case load at the courthouse. Look for it listed in the Important Dates section at left.
When asked how I feel about Parker not appearing today one word came to mind...frustrated! Tommorrow will be one month since my Mom was killed and yet the man who is being charged has not yet appeared in court. It is frustrating that he has more rights than my Mom, Diane Carhart, who never had received even a speeding ticket.
Magistrate Hearing Today!
Well it has taken one day shy of a month to get Christopher G. Parker into court in regards to my mother's death, but today is the day!
Parker has requested a magistrate hearing and it will be held at 2pm in the Barnstable District Courthouse, 3231 Main St Barnstable, MA. Anyone who would like to join us at the courthouse today is welcome. Directions can be found HERE.
I am hoping that he will not have the charges dismissed, but that is a possiblility. Not that there isn't sufficient evidence, but that the magistrate can do whatever he/she wants. The Assistant District Attorney told me that they can never be 100% positive that a case will not be dismissed. I am also hoping that Parker will have his prior bail (from the Oct 2006 charges) revoked and be finally put behind bars...something that should have happened at the scene of the crash or at the hospital as far as I'm concerned.
Check back later today for an update.
Parker has requested a magistrate hearing and it will be held at 2pm in the Barnstable District Courthouse, 3231 Main St Barnstable, MA. Anyone who would like to join us at the courthouse today is welcome. Directions can be found HERE.
I am hoping that he will not have the charges dismissed, but that is a possiblility. Not that there isn't sufficient evidence, but that the magistrate can do whatever he/she wants. The Assistant District Attorney told me that they can never be 100% positive that a case will not be dismissed. I am also hoping that Parker will have his prior bail (from the Oct 2006 charges) revoked and be finally put behind bars...something that should have happened at the scene of the crash or at the hospital as far as I'm concerned.
Check back later today for an update.
Thursday, March 29, 2007
Glossary of Legal Terms
Glossary of Legal Terms For Massachusetts
Accessory:A person who assists another in the commission of a crime, either before or after the fact.
Adjudication: A declaration by a judge.
Administrator: A person appointed by the court to settle the estate of a dead person when there is no will, or when there is a will but the executor has died, resigned or been removed from office.
Affidavit: A written or printed statement under oath.
Affidavit: A written or printed statement under oath.
Affirmative defense: A defense in which the accused is required to produce the supporting evidence.
Amicus curiae: A “friend of the court”; usually an interested person or agency, not a party to an ongoing case, that wishes to make its position known. This is most often done in writing.
Amortization: The payment of a debt by installments.
Answer: A document filed in response to a complaint.
Appearance: The procedure by which an attorney acknowledges his representation of a party in a suit; also the submission of the defendant to the jurisdiction of the court.
Appellant: The party appealing a decision to a higher court.
Appellate court: The court having jurisdiction of appeal and review of law; not a trial court.
Appellee: The party against whom an appeal is taken.
Arraignment: The reading of a charge and the entering of a plea in response.
Amicus curiae: A “friend of the court”; usually an interested person or agency, not a party to an ongoing case, that wishes to make its position known. This is most often done in writing.
Amortization: The payment of a debt by installments.
Answer: A document filed in response to a complaint.
Appearance: The procedure by which an attorney acknowledges his representation of a party in a suit; also the submission of the defendant to the jurisdiction of the court.
Appellant: The party appealing a decision to a higher court.
Appellate court: The court having jurisdiction of appeal and review of law; not a trial court.
Appellee: The party against whom an appeal is taken.
Arraignment: The reading of a charge and the entering of a plea in response.
Assignment for the benefit of creditors: The turning over of the assets of a debtor to a creditor or trustee to help pay off his debts.
Attachment: A lien on a defendant’s property to satisfy a legal claim that the plaintiff hopes to prove.
Bail: An amount of money or security posted by a person against whom criminal charges are pending, to guarantee his appearance in court. The bail is determined by considerations such as the nature and circumstance of the charges, whether the person charged is a flight risk, and the
likelihood of their appearance. It is not a reflection of guilt or innocence.
Bail hearing: An appeal to a superior court judge for the reduction of bail set by a judge in a lower court.
Bankruptcy: A method of declaring insolvency when the debtor’s liabilities exceed his assets. It has the practical effect of wiping out past debts. A Chapter 11 bankruptcy permits the continued operation of a business, with the proceeds to go to a trustee for the creditors.
Battery: An un-consented touching.
Attachment: A lien on a defendant’s property to satisfy a legal claim that the plaintiff hopes to prove.
Bail: An amount of money or security posted by a person against whom criminal charges are pending, to guarantee his appearance in court. The bail is determined by considerations such as the nature and circumstance of the charges, whether the person charged is a flight risk, and the
likelihood of their appearance. It is not a reflection of guilt or innocence.
Bail hearing: An appeal to a superior court judge for the reduction of bail set by a judge in a lower court.
Bankruptcy: A method of declaring insolvency when the debtor’s liabilities exceed his assets. It has the practical effect of wiping out past debts. A Chapter 11 bankruptcy permits the continued operation of a business, with the proceeds to go to a trustee for the creditors.
Battery: An un-consented touching.
Bench warrant: A warrant issued “from the bench” for the arrest of a person. It is frequently imposed when a witness or litigant fails to show up for an appearance.
Bill of particulars: A written statement by a prosecutor specifying the details, such as
time, place, manner and means of a crime he expects to prove against the defendant.
Brief: A written or printed argument prepared by counsel to support his case, usually
containing a statement of facts and a discussion of law.
Burden of proof: The duty of affirmatively proving disputed facts in a case.
Cause of action: The right a party has to institute a judicial action: a suit or litigation.
Certiorari: A special type of proceeding in which a court (usually the superior court) is asked by a concerned party to review the proceedings of a state or local administration, agency or board.
Circumstantial evidence: Evidence formed by a non-eyewitness.
Civil action: A non-criminal case.
Codicil: A supplement or addition to a will.
Comparative negligence: A doctrine applicable to those negligence cases in which both the plaintiff and the defendant are found to be negligent. If the “degree” of the plaintiff’s negligence is less than that of the defendant, the plaintiff is still entitled to prevail but any damages allowed
are reduced in proportion to the plaintiff’s negligence. -The legal process by which real estate of a private owner is taken for public use without his consent but upon the award and payment of just compensation.
Consecutive (on and after) sentence: One sentence to be served upon completion
of another sentence, as opposed to concurrent sentences.
Bill of particulars: A written statement by a prosecutor specifying the details, such as
time, place, manner and means of a crime he expects to prove against the defendant.
Brief: A written or printed argument prepared by counsel to support his case, usually
containing a statement of facts and a discussion of law.
Burden of proof: The duty of affirmatively proving disputed facts in a case.
Cause of action: The right a party has to institute a judicial action: a suit or litigation.
Certiorari: A special type of proceeding in which a court (usually the superior court) is asked by a concerned party to review the proceedings of a state or local administration, agency or board.
Circumstantial evidence: Evidence formed by a non-eyewitness.
Civil action: A non-criminal case.
Codicil: A supplement or addition to a will.
Comparative negligence: A doctrine applicable to those negligence cases in which both the plaintiff and the defendant are found to be negligent. If the “degree” of the plaintiff’s negligence is less than that of the defendant, the plaintiff is still entitled to prevail but any damages allowed
are reduced in proportion to the plaintiff’s negligence. -The legal process by which real estate of a private owner is taken for public use without his consent but upon the award and payment of just compensation.
Consecutive (on and after) sentence: One sentence to be served upon completion
of another sentence, as opposed to concurrent sentences.
Consent decree: An agreement of the parties made under the sanction of the court to be bound by certain stipulated facts.
Contempt of court: Any act calculated to embarrass, hinder or obstruct a court in the administration of justice or to lessen its authority or dignity.
Contingent fee: A charge for services, agreed to in advance, based on the lawyer’s successful handling of the case. It is usually a set percentage of the amount won in a lawsuit.
Costs: Actual expenses connected with prosecuting or defending a suit, including filing fees, sheriff’s service, etc., but not including attorney’s fees.
Counterclaim: A claim filed by a defendant against a claimant in the same action.
De novo: Usually applied to trial de novo, a system that permits a defendant to elect a
second, totally new trial before a jury if the first trial was before a judge and the defendant
is dissatisfied with the judge’s decision.
Contempt of court: Any act calculated to embarrass, hinder or obstruct a court in the administration of justice or to lessen its authority or dignity.
Contingent fee: A charge for services, agreed to in advance, based on the lawyer’s successful handling of the case. It is usually a set percentage of the amount won in a lawsuit.
Costs: Actual expenses connected with prosecuting or defending a suit, including filing fees, sheriff’s service, etc., but not including attorney’s fees.
Counterclaim: A claim filed by a defendant against a claimant in the same action.
De novo: Usually applied to trial de novo, a system that permits a defendant to elect a
second, totally new trial before a jury if the first trial was before a judge and the defendant
is dissatisfied with the judge’s decision.
Declaratory judgment: Declares the rights of the parties or the opinion of the court on a question of law.
Decree: Decision or order of the court in certain types of cases; a final decree fully and finally disposes of the litigation; an interlocutory decree is provisional. A final decree has the same effect as a judgment.
Default: In a criminal case, failure to appear upon order of the court. In a civil case, failure to file a pleading or appear within the time allowed.
Deposition: Sworn testimony taken prior to trial out of court and in the presence of a stenographer, usually for the purpose of “discovering” in advance what the witness
is going to say and also to preserve testimony. (See discovery)
Direct evidence: Proof of facts by witnesses who saw and heard what they are testifying
about, as distinguished from circumstantial evidence, which is called indirect evidence.
Directed verdict: An instruction by the trial judge ordering that judgment be entered without the jury considering the matter; used usually when one party has failed to produce enough evidence, considering the merits of the case.
Discovery: The term used to describe various methods for obtaining evidence in advance of trial, including such things as interrogatories, depositions and various motions to permit the inspection of documents, etc.
Dismissal without prejudice: Permits plaintiff to sue again on the same cause of action; dismissal “with prejudice” bars the action forever.
Double jeopardy: A doctrine that prohibits prosecution of a defendant in a criminal matter more than once for the same offense.
Eeminent domain: The power of a government or of certain agencies to take private property for public use, even against the will of the owner, and to pay compensation.
Escrow: The holding by a third person of something of value, e.g., money, deed to property, etc., until some agreed-upon contingency.
Estoppel: A doctrine that prevents any action by a person who has earlier made a
statement or taken a position inconsistent with his present posture. Example: One is estopped from denying a fact he earlier tried to prove.
Ex parte: A proceeding where only one side is heard.
Ex post facto: An act or fact occurring after some previous related act.
Exclusionary rule: A rule prohibiting the use in criminal prosecutions of illegally obtained evidence.
Executor: A person named by the decedent in a will to carry out the will’s provisions.
Extradition: The surrender by one state to another of an individual accused or convicted of an offense in the demanding state’s jurisdiction. In Massachusetts, extradition and rendition are interchangeable.
Felony: Any crime punishable by a year or more in state prison.
Fiduciary: A person who undertakes the duty to act primarily for another’s benefit, usually in financial areas. A fiduciary is bound by a high standard of good faith.
Garnishment: Proceeding whereby property, money or credits of a debtor in the possession of another are applied to the debts of the debtor, as in the garnishment of a person’s wages.
Grand jury: A jury that receives complaints and accusations in criminal cases, hears the evidence and issues indictments in cases where it feels a trial ought to take place. It meets in a secret proceeding not open to the public.
Guardian ad litem: A person appointed by the court to represent the rights of minors, the unborn and others under legal disability.
Habeas corpus: Literally, “you have the body.” An order of the court to bring a person before it; commonly used to test the legality of a prisoner’s detention.
Hearsay: An out-of-court statement offered for the truth of the matter as asserted.
Iimpeachment of witness: Throwing doubt on the credibility of a witness by testimony
showing prior inconsistency, contradiction or a conviction of a crime.
Implied contract: An agreement, not in writing, in which the conduct of the parties indicates their intention to be bound.
In camera: A judge’s chambers; in private.
Indemnify: To compensate another for loss or damage that has already occurred or to give security against future loss.
Indictment: The formal accusation made by a grand jury charging a person (named or unnamed) or corporation with a specific crime.
Interlocutory: Court orders that are provisional, temporary and not final.
Interrogatories: Written questions served on a party which must be answered under oath before trial; one of the methods of discovery.
Intervention: A method by which a person may make himself a party to an action in which he has some special interest.
Intestate: Dying without a will.
Jurisdiction: The authority of a court to hear a particular case and to render a judgment.
Leading question: One that suggests an answer to the witness.
Levy: The seizure of property by legal process.
Lien: A claim upon the property of another on account of a debt.
Lis pendens: Generally a notice filed in the registry of deeds to warn persons that title to certain property is in litigation.
Malfeasance: The performance of an act that a person ought not do. The term is usually applied in connection with public officers.
Mandamus: A court order directing a lower court, agency or official to perform its specific duty.
Manslaughter: Unlawful killing of another without malice during the commission of certain minor crimes or in the heat of passion or through willful, wanton or reckless misconduct. Massachusetts recognizes two kinds: voluntary and involuntary.
Decree: Decision or order of the court in certain types of cases; a final decree fully and finally disposes of the litigation; an interlocutory decree is provisional. A final decree has the same effect as a judgment.
Default: In a criminal case, failure to appear upon order of the court. In a civil case, failure to file a pleading or appear within the time allowed.
Deposition: Sworn testimony taken prior to trial out of court and in the presence of a stenographer, usually for the purpose of “discovering” in advance what the witness
is going to say and also to preserve testimony. (See discovery)
Direct evidence: Proof of facts by witnesses who saw and heard what they are testifying
about, as distinguished from circumstantial evidence, which is called indirect evidence.
Directed verdict: An instruction by the trial judge ordering that judgment be entered without the jury considering the matter; used usually when one party has failed to produce enough evidence, considering the merits of the case.
Discovery: The term used to describe various methods for obtaining evidence in advance of trial, including such things as interrogatories, depositions and various motions to permit the inspection of documents, etc.
Dismissal without prejudice: Permits plaintiff to sue again on the same cause of action; dismissal “with prejudice” bars the action forever.
Double jeopardy: A doctrine that prohibits prosecution of a defendant in a criminal matter more than once for the same offense.
Eeminent domain: The power of a government or of certain agencies to take private property for public use, even against the will of the owner, and to pay compensation.
Escrow: The holding by a third person of something of value, e.g., money, deed to property, etc., until some agreed-upon contingency.
Estoppel: A doctrine that prevents any action by a person who has earlier made a
statement or taken a position inconsistent with his present posture. Example: One is estopped from denying a fact he earlier tried to prove.
Ex parte: A proceeding where only one side is heard.
Ex post facto: An act or fact occurring after some previous related act.
Exclusionary rule: A rule prohibiting the use in criminal prosecutions of illegally obtained evidence.
Executor: A person named by the decedent in a will to carry out the will’s provisions.
Extradition: The surrender by one state to another of an individual accused or convicted of an offense in the demanding state’s jurisdiction. In Massachusetts, extradition and rendition are interchangeable.
Felony: Any crime punishable by a year or more in state prison.
Fiduciary: A person who undertakes the duty to act primarily for another’s benefit, usually in financial areas. A fiduciary is bound by a high standard of good faith.
Garnishment: Proceeding whereby property, money or credits of a debtor in the possession of another are applied to the debts of the debtor, as in the garnishment of a person’s wages.
Grand jury: A jury that receives complaints and accusations in criminal cases, hears the evidence and issues indictments in cases where it feels a trial ought to take place. It meets in a secret proceeding not open to the public.
Guardian ad litem: A person appointed by the court to represent the rights of minors, the unborn and others under legal disability.
Habeas corpus: Literally, “you have the body.” An order of the court to bring a person before it; commonly used to test the legality of a prisoner’s detention.
Hearsay: An out-of-court statement offered for the truth of the matter as asserted.
Iimpeachment of witness: Throwing doubt on the credibility of a witness by testimony
showing prior inconsistency, contradiction or a conviction of a crime.
Implied contract: An agreement, not in writing, in which the conduct of the parties indicates their intention to be bound.
In camera: A judge’s chambers; in private.
Indemnify: To compensate another for loss or damage that has already occurred or to give security against future loss.
Indictment: The formal accusation made by a grand jury charging a person (named or unnamed) or corporation with a specific crime.
Interlocutory: Court orders that are provisional, temporary and not final.
Interrogatories: Written questions served on a party which must be answered under oath before trial; one of the methods of discovery.
Intervention: A method by which a person may make himself a party to an action in which he has some special interest.
Intestate: Dying without a will.
Jurisdiction: The authority of a court to hear a particular case and to render a judgment.
Leading question: One that suggests an answer to the witness.
Levy: The seizure of property by legal process.
Lien: A claim upon the property of another on account of a debt.
Lis pendens: Generally a notice filed in the registry of deeds to warn persons that title to certain property is in litigation.
Malfeasance: The performance of an act that a person ought not do. The term is usually applied in connection with public officers.
Mandamus: A court order directing a lower court, agency or official to perform its specific duty.
Manslaughter: Unlawful killing of another without malice during the commission of certain minor crimes or in the heat of passion or through willful, wanton or reckless misconduct. Massachusetts recognizes two kinds: voluntary and involuntary.
Misdemeanor: A criminal offense less than a felony, generally punishable by fine or imprisonment in a jail or a house of correction rather than a state prison.
Moot: Loosely, an issue that has been settled by some happening other than judicial
determination.
Motion: A request that a court act or rule in a certain way.
Negligence: The omission of an act that a reasonable person, guided by ordinary considerations, would do; or the commission of an act that a reasonable and prudent person would not do, which may result in injury, damage or loss to another person.
No bill: The report of a grand jury that has found insufficient evidence to support an indictment.
No-fault divorce: A divorce based on irretrievable marital breakdown and involving mutual consent of the parties.
nolle prosequi: Commonly, nol pros; a prosecutor’s decision not to prosecute a criminal case after charges have been brought.
Nolo contendere: Commonly, nolo; a plea indicating the defendant will not contest a criminal charge.
Non obstante verdicto: Notwithstanding the verdict; a judgment entered by a trial judge that is contrary to the jury verdict.
Nunc pro tunc: Literally, “now for then”; acts or entries of decrees or judgments made retroactive to an earlier date.
Opinion: The formal written decision rendered by a judge or court in a case; it contains
the legal principles and reasons upon which the decision was based.
Opinion evidence: What the witness thinks, believes or infers, as distinguished from personal knowledge; limited admissibility.
Moot: Loosely, an issue that has been settled by some happening other than judicial
determination.
Motion: A request that a court act or rule in a certain way.
Negligence: The omission of an act that a reasonable person, guided by ordinary considerations, would do; or the commission of an act that a reasonable and prudent person would not do, which may result in injury, damage or loss to another person.
No bill: The report of a grand jury that has found insufficient evidence to support an indictment.
No-fault divorce: A divorce based on irretrievable marital breakdown and involving mutual consent of the parties.
nolle prosequi: Commonly, nol pros; a prosecutor’s decision not to prosecute a criminal case after charges have been brought.
Nolo contendere: Commonly, nolo; a plea indicating the defendant will not contest a criminal charge.
Non obstante verdicto: Notwithstanding the verdict; a judgment entered by a trial judge that is contrary to the jury verdict.
Nunc pro tunc: Literally, “now for then”; acts or entries of decrees or judgments made retroactive to an earlier date.
Opinion: The formal written decision rendered by a judge or court in a case; it contains
the legal principles and reasons upon which the decision was based.
Opinion evidence: What the witness thinks, believes or infers, as distinguished from personal knowledge; limited admissibility.
Ordinance: A rule having the force of law established by a city.
Per curiam: Literally, “through the court”; an opinion of an appellate court not attributable to any one judge.
Peremptory challenge: The right to reject a juror without assigning a cause.
Perjury: Stating under oath as true what is known to be false.
Personal recognizance: Bail consisting of a promise to appear in court when required.
Petition: A written request addressed to the court asking for some favor or relief.
Petit Jury: A trial jury, as opposed to a grand jury. Also called a petty jury.
Pleading: The process by which parties in an action raise and define in writing the issues to be resolved.
Power of attorney: Written authorization permitting one person to act for another.
Prejudicial error: A legal error that warrants an appellate court’s reversal of a lower court’s decision.
Preliminary hearing: A hearing held to determine whether a person charged with a crime should be held for trial.
Preponderance of evidence: Evidence supporting a proposition that outweighs evidence offered to contradict it; the standard of proof required in a civil case for the plaintiff to win.
Presentment: A notice by a grand jury, from its own knowledge or observation to the court, that a crime has been committed; similar to the indictment.
Pretrial motion: Any motion made in advance of trial.
Prima facie: Literally, “at first sight”; when applied to evidence, such evidence as is sufficient to establish a given fact or facts constituting the party’s claim or defense which, if not rebutted, will remain sufficient.
Probable cause: Reasonable belief. For example, probable cause is required for the issuance of a search warrant and the arrest of a person without a warrant.
Probate: The legal process of establishing the validity of a will and settling an estate.
Probation: Supervision by authorized court personnel over the activities of a person released after conviction of some criminal offense.
Pro se: Representing oneself without the assistance of legal counsel.
Quash: To vacate, annul or void any written order.
Reasonable doubt: The standard by which criminal cases are decided.
Receiver: A neutral person appointed by the court to manage the property or business of another, pending legal action.
Recuse: To disqualify oneself as a judge in a particular case.
Remand: A decision by an appellate court, sending a case back to the court from which it came for further proceedings.
Respondent: The party who answers an appeal. (See appellee)
Restraining order: A temporary court order directing a person to do, or not to do, a particular act pending further hearing. It is often used to order one person stay away from another.
Retainer: A fee paid by a client to an attorney in anticipation of legal work that the attorney will perform.
Search warrant: Written judicial authorization for a search of specified premises for specified articles.
Separate maintenance: A court-ordered allowance granted to one spouse for selfsupport
and child support while living apart for justifiable cause.
Sequestration of witnesses: Separating witnesses so they may not hear one another’s
testimony.
Specific performance: A legal remedy for forcing compliance under an agreement;
most commonly used to force the transfer of real property.
Statute of limitations: Time within which a criminal or civil action must be commenced.
Statutory law: The written law enacted by legislative bodies.
Stay: The postponement of judicial action by court order, usually temporary and usually
related to some other contemplated action.
Stipulation: A statement by the attorneys or the parties that certain matters have
already been agreed upon.
Subpoena: A court order compelling a witness to appear and give testimony.
Subpoena duces tecum: A court order compelling a witness to produce certain documents.
Summary judgment: A judgment decided by a judge without the necessity of a trial.
suppression hearing: A request filed by the defendant to prohibit the use of evidence gathered in violation of the defendant’s rights; this hearing is held outside the presence of the jury.
Suspended sentence: A sentence that need not be served if the defendant complies
with certain court-imposed conditions.
Testator: Maker of a will.
Title search: A thorough investigation of public records to ascertain ownership of property, or to discover any liens or encumbrances against a property or other defects in title to the land.
Tort: A civil injury or wrong.
True bill: The endorsement made by a grand jury upon a bill of indictment when it finds sufficient evidence to warrant a criminal charge.
Unlawful detainer: Retaining possession without the right to do so.
Unreasonable search and seizure: An action executed contrary to legal guidelines that tightly regulate the way in which a private citizen’s property may be searched and seized by the government.
Venire: The group of people who are summoned for jury duty.
Voir dire: Generally applied to the questioning of jurors during impaneling to test their
qualifications and determine possible bias; also, a hearing conducted during the trial by a judge out of the presence of the jury.
Waiver: The express or implied voluntary surrender of a right.
Writ: Any of numerous orders issuing from a court.
SOURCE: Massachusetts Bar Association
Lawyers Weekly is grateful to the MBA for the use of this informative resource.
Per curiam: Literally, “through the court”; an opinion of an appellate court not attributable to any one judge.
Peremptory challenge: The right to reject a juror without assigning a cause.
Perjury: Stating under oath as true what is known to be false.
Personal recognizance: Bail consisting of a promise to appear in court when required.
Petition: A written request addressed to the court asking for some favor or relief.
Petit Jury: A trial jury, as opposed to a grand jury. Also called a petty jury.
Pleading: The process by which parties in an action raise and define in writing the issues to be resolved.
Power of attorney: Written authorization permitting one person to act for another.
Prejudicial error: A legal error that warrants an appellate court’s reversal of a lower court’s decision.
Preliminary hearing: A hearing held to determine whether a person charged with a crime should be held for trial.
Preponderance of evidence: Evidence supporting a proposition that outweighs evidence offered to contradict it; the standard of proof required in a civil case for the plaintiff to win.
Presentment: A notice by a grand jury, from its own knowledge or observation to the court, that a crime has been committed; similar to the indictment.
Pretrial motion: Any motion made in advance of trial.
Prima facie: Literally, “at first sight”; when applied to evidence, such evidence as is sufficient to establish a given fact or facts constituting the party’s claim or defense which, if not rebutted, will remain sufficient.
Probable cause: Reasonable belief. For example, probable cause is required for the issuance of a search warrant and the arrest of a person without a warrant.
Probate: The legal process of establishing the validity of a will and settling an estate.
Probation: Supervision by authorized court personnel over the activities of a person released after conviction of some criminal offense.
Pro se: Representing oneself without the assistance of legal counsel.
Quash: To vacate, annul or void any written order.
Reasonable doubt: The standard by which criminal cases are decided.
Receiver: A neutral person appointed by the court to manage the property or business of another, pending legal action.
Recuse: To disqualify oneself as a judge in a particular case.
Remand: A decision by an appellate court, sending a case back to the court from which it came for further proceedings.
Respondent: The party who answers an appeal. (See appellee)
Restraining order: A temporary court order directing a person to do, or not to do, a particular act pending further hearing. It is often used to order one person stay away from another.
Retainer: A fee paid by a client to an attorney in anticipation of legal work that the attorney will perform.
Search warrant: Written judicial authorization for a search of specified premises for specified articles.
Separate maintenance: A court-ordered allowance granted to one spouse for selfsupport
and child support while living apart for justifiable cause.
Sequestration of witnesses: Separating witnesses so they may not hear one another’s
testimony.
Specific performance: A legal remedy for forcing compliance under an agreement;
most commonly used to force the transfer of real property.
Statute of limitations: Time within which a criminal or civil action must be commenced.
Statutory law: The written law enacted by legislative bodies.
Stay: The postponement of judicial action by court order, usually temporary and usually
related to some other contemplated action.
Stipulation: A statement by the attorneys or the parties that certain matters have
already been agreed upon.
Subpoena: A court order compelling a witness to appear and give testimony.
Subpoena duces tecum: A court order compelling a witness to produce certain documents.
Summary judgment: A judgment decided by a judge without the necessity of a trial.
suppression hearing: A request filed by the defendant to prohibit the use of evidence gathered in violation of the defendant’s rights; this hearing is held outside the presence of the jury.
Suspended sentence: A sentence that need not be served if the defendant complies
with certain court-imposed conditions.
Testator: Maker of a will.
Title search: A thorough investigation of public records to ascertain ownership of property, or to discover any liens or encumbrances against a property or other defects in title to the land.
Tort: A civil injury or wrong.
True bill: The endorsement made by a grand jury upon a bill of indictment when it finds sufficient evidence to warrant a criminal charge.
Unlawful detainer: Retaining possession without the right to do so.
Unreasonable search and seizure: An action executed contrary to legal guidelines that tightly regulate the way in which a private citizen’s property may be searched and seized by the government.
Venire: The group of people who are summoned for jury duty.
Voir dire: Generally applied to the questioning of jurors during impaneling to test their
qualifications and determine possible bias; also, a hearing conducted during the trial by a judge out of the presence of the jury.
Waiver: The express or implied voluntary surrender of a right.
Writ: Any of numerous orders issuing from a court.
SOURCE: Massachusetts Bar Association
Lawyers Weekly is grateful to the MBA for the use of this informative resource.
Monday, March 26, 2007
Magistrate Hearings
Several people have asked me what exactly a magistrate hearing is and what will happen afterward. I did a little research and this is what I found out:
When you are given a traffic citation you will notice a box for civil offenses and a box for criminal offenses.
If the box for civil (say for a speeding charge) is checked that means you have 20 days in which you can return the citation and request a magistrate hearing. At this magistrate hearing you will listen to the charge against you read and then the police officer will present the case against you to the clerk magistrate. You will either have the citation dismissed, receive a lesser charge/payment penalty, or be found guilty and responsible to pay the original penalty fee, usually with resulting insurance points added as well.
If the box for criminal (perhaps a vehicular homicide charge) is checked this means you have only 4 days in which to return the citation to the magistrate's office to request a hearing. At this magistrate hearing you will listen to the charges against you read aloud and then a bit of the case against you will be presented to show why you should be charged. The magistrate will either dismiss the charge/charges, continue the case (you will not be charged unless you are charged with another offense), or if probable cause is found a complaint will be issued by the court for you to appear before a judge for arraignment. If you receive a criminal citation and don't request a Clerk Magistrate's hearing a complaint will be automatically issued and you will receive a summons to appear before a judge for an arraignment.
The arraignment usually happens within the next 48 hours, depending on the case load of the particular court. At the arraignment the District Attorney or Assistant District Attorney may request bail or that you are not released on bail, depending on the charges against you and any prior convictions.
In certain circumstances, the District Attorney's office can proceed by way of a grand jury which can vote on indictments against you. If you are indicted you will move from the District Court level to the Superior Court where the potential for heavier penalties and longer incarcerations exists, in the State Penatentiary instead of the House of Correction.
It should be noted that in spite of the public records laws Magistrate Hearings are closed to the public in the State of Massachusetts, the only state in the U.S. where this happens. The results are only known if the magistrate decides to file charges, and then only through court records. The Mass. State law presumes that magistrate's hearings are closed unless the public or newspapers can convince the court otherwise. The Cape Cod Times states: "While the public records law does require agencies to presume all documents are public and to prove why records should not be released, the trend is the opposite. Increasingly, the public and newspapers are being forced to prove why records are public. In some cases, it takes appeals to the secretary of state's office or, ultimately, taking the agency to court."
Sue
Ref.
- Mass. RMV Drivers Manuel
- Arlington, MA Police FAQ
- Criminal Process - masscriminal-lawyers.com
- Despite laws, government secrecy grows By George Brennan staff writer Cape Cod Times
When you are given a traffic citation you will notice a box for civil offenses and a box for criminal offenses.
If the box for civil (say for a speeding charge) is checked that means you have 20 days in which you can return the citation and request a magistrate hearing. At this magistrate hearing you will listen to the charge against you read and then the police officer will present the case against you to the clerk magistrate. You will either have the citation dismissed, receive a lesser charge/payment penalty, or be found guilty and responsible to pay the original penalty fee, usually with resulting insurance points added as well.
If the box for criminal (perhaps a vehicular homicide charge) is checked this means you have only 4 days in which to return the citation to the magistrate's office to request a hearing. At this magistrate hearing you will listen to the charges against you read aloud and then a bit of the case against you will be presented to show why you should be charged. The magistrate will either dismiss the charge/charges, continue the case (you will not be charged unless you are charged with another offense), or if probable cause is found a complaint will be issued by the court for you to appear before a judge for arraignment. If you receive a criminal citation and don't request a Clerk Magistrate's hearing a complaint will be automatically issued and you will receive a summons to appear before a judge for an arraignment.
The arraignment usually happens within the next 48 hours, depending on the case load of the particular court. At the arraignment the District Attorney or Assistant District Attorney may request bail or that you are not released on bail, depending on the charges against you and any prior convictions.
In certain circumstances, the District Attorney's office can proceed by way of a grand jury which can vote on indictments against you. If you are indicted you will move from the District Court level to the Superior Court where the potential for heavier penalties and longer incarcerations exists, in the State Penatentiary instead of the House of Correction.
It should be noted that in spite of the public records laws Magistrate Hearings are closed to the public in the State of Massachusetts, the only state in the U.S. where this happens. The results are only known if the magistrate decides to file charges, and then only through court records. The Mass. State law presumes that magistrate's hearings are closed unless the public or newspapers can convince the court otherwise. The Cape Cod Times states: "While the public records law does require agencies to presume all documents are public and to prove why records should not be released, the trend is the opposite. Increasingly, the public and newspapers are being forced to prove why records are public. In some cases, it takes appeals to the secretary of state's office or, ultimately, taking the agency to court."
Sue
Ref.
- Mass. RMV Drivers Manuel
- Arlington, MA Police FAQ
- Criminal Process - masscriminal-lawyers.com
- Despite laws, government secrecy grows By George Brennan staff writer Cape Cod Times
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