Law Office of Isaac J. Mass -- Greenfield, Massachusuetts
 
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Some Common Questions About Sentencing

1) Concurrent sentences- Where do I serve the sentence?

Prisoners are housed in the institution specified on their mittimus for the sentence imposed on the earliest date. M.G.L. c. 279 §8.

2) Can the court sentence me to a house of correction in a different county?

Yes. M.G.L. c. 279 §15.

3) What Is A ''Forthwith" Sentence?

Pursuant to M.G.L. c. 279 §27, a person currently serving a house of correction sentence may be sentenced on a felony to the state prison, said sentence to take effect "forthwith, notwithstanding the former sentence." as opposed to "from and after" which means waiting for the release from the first sentence "by parole or otherwise" before beginning the second M.G.L. c. 279 §8A .

4) Can a sentence to the house of correction run concurrently with a state prison sentence or vice versa?

There is nothing that prevents the imposition of a house of correction sentence concurrent with a state prison sentence. See Commonwealth v. Parzyck, 41 Mass. App. Ct. 195 (1996).

5) If I am serving a mandatory minimum sentence, can I be classified to electronic monitoring?

No. Commonwealth v. Cowan, All Mass. 546 (1996); Commonwealth v. Morasse, 446 Mass. 113 (2006).

6) Do I receive jail credits for time spent awaiting trial on electronic monitoring?

No. Commonwealth v. Cowan, All Mass. 546 (1996); Commonwealth v. Morasse, 446 Mass. 113 (2006).

7)  How do weekend sentences work?

M.G.L. c. 279 §6A. These sentences are typically served from Friday to Monday, though a court can specify any beginning and ending time for each weekly period of confinement.  If you work weekends you should alert your attorney in advance. Inmates are required to report on his or her own to the correctional facility each week at a time directed by the court. This sentence allows an inmate to maintain employment during the week while serving a sentence on weekends.

8) Can the Superior Court continue a case without a finding (CWOF)?

Yes. Commonwealth v.Powell, 453 Mass. 320 (2009).


 
 
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_ The Committee for Public Counsel Services has certified Greenfield Attorney Isaac Mass for his completion of CPCS Bar Advocate Training Program.  Mass has completed the seven day training program entitles Zealous Advocacy in the District and Juvenile Courts conducted by Massachusetts Continuing Legal Education in Boston, MA. 

Attorney Isaac Mass was one of only 19 attorneys statewide to be selected for this training which is a prerequisite for appointment in any of the bar advocate programs in the Commonwealth of Massachusetts.  Mass who will represent indigent defendants in criminal cases for the Franklin County Bar Association Advocates was the only attorney in Franklin County selected to attend the training.

Any individual faced with the possibility of criminal incarceration has the right to legal representation. For those who cannot afford to hire an attorney, the Bar Advocate Program provides reduced fee or free legal services. Individuals eligible for representation will be assigned an attorney by the court.

The intensive seven-day training covers key skills for the district and juvenile court criminal justice system including arraignment and bail advocacy, understanding and maximizing the pretrial conference, sentencing, ethical representation of the criminally accused, discovery, investigation practices and techniques, building the appellate record, effective motions practice, and the jury-of-six session. The program features top-rate training by recognized experts, who critique attorney performance and provide unique and practical perspectives on how attorneys can become more effective.

Attorney Mass also takes private criminal clients.  Contact the Law

 

(c) 2012 Law Office of Isaac J. Mass, 289 Main Street, Suite 201 Greenfield, MA 01301