If you are charged with a fourth offense OUI in Massachusetts, you may be required to attend a dangerousness hearing. This hearing is held to evaluate an individual's danger to the community at large. During the dangerousness hearing, the judge will look at the nature of your crime, along with other factors, to determine if you should remain detained or the conditions for your release. Having an experienced defense lawyer on your side during the hearing is extremely important. While this hearing is typically held at your first court appearance, your attorney may request a continuance for a maximum of seven days to prepare a preliminary defense.
The judge will look at a number of factors to decide whether bail should be granted. These factors include: the circumstances of the accused crime, any criminal record, prior bail violations, employment history, mental illness records, ties to the community, reputation, dependence on controlled substances, and the danger that may be imposed on the public if the defendant is released.
Dangerousness hearings differ from criminal hearings in that all evidence is admissible when determining if a defendant is a danger to the community. The judge may also reopen the dangerousness hearing if new evidence comes to light that shows that the defendant poses a risk.
Because a Massachusetts dangerousness hearing determines whether you may be released or whether you will sit behind bars until your trial, you need to hire an experienced defense lawyer. The Jones & Geraghty helps citizens who have been accused of serious crimes such as OUI. Our lawyers will go right to work preparing an aggressive defense so you can avoid staying in jail.