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Pretrial Detention

What is a 58A Pretrial Detention Hearing in Massachusetts?


If a defendant is charged with certain offenses, the Commonwealth can request that the defendant be held without bail.


The Defendant is entitled to a hearing where the Commonwealth will have to establish that the Defendant is a "danger" and that no other conditions of release will reasonably assure the safety of any other person and the community.


No two cases and no two clients are alike.  Moscone Law has successfully litigated pretrial detention hearings and obtained the following results:

  • Successfully opposed the Commonwealth's requests for continuances (which shortens the amount of time a Defendant will spend in jail pending the hearing);

  • Successfully argued that clients are not dangerous and secured their release;

  • Successfully argued that even though clients have been deemed "dangerous" that there are less restrictive conditions available as an alternative to pretrial detention;

  • Successfully litigated to exclude the admissibility of evidence that if admitted would have been detrimental to clients.


One of the most serious actions a district court judge can take is to hold a person cloaked in the presumption of innocence for 120 days without bail.

Moscone Law can help.

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