Dangerousness Hearing & Pre-Trial Order of Detention

If someone is arrested for a Crime of Violence or a felony offense that has as an element the use or threat of physical force against another person or that involves a substantial risk that physical force against another person may result, the prosecutor may ask a Judge to order the defendant held on pretrial detention or released on enhanced conditions.

In the vast majority of cases, if a person is charged with a crime, they can either be released on Personal Recognizance or held on some monetary bail, of which would depend on a variety of factors, including the nature and circumstances of the crime ad the person’s criminal history. Massachusetts law provides, however, that in order to detain a defendant pending the outcome of his criminal case, the Judge must find, after a hearing, that the prosecutor has proven that ‘no conditions of release will reasonably assure the safety of any other person or the community.’

To detain a person charged with any criminal offense is not a light request, and absent good reason, the Dangerousness Hearing will be held no later than 7 days after the person’s arraignment. In deciding whether to detain the person charged or impose some conditions of release, the judge will most often consider:
  • Nature and seriousness of the danger posed to any person or the community that would result by the person’s release;
  • Nature and circumstances of the offense charged;
  • Potential penalty the person faces;
  • Family ties, employment record;
  • History of mental illness, reputation;
  • Risk that the person would attempt to obstruct justice or threaten, injure or intimidate any witnesses; and
  • Record of convictions.
In the event a person is detained pending trial, an Appeal to the Superior Court Department challenging the Judge’s Order of Detention may be taken.

If you or a loved one has been charged with a crime and the prosecutor is seeking an Order of Detention or Dangerousness Hearing, you should immediately consult with an experienced criminal defense attorney.

Boston Criminal Lawyer Lefteris K. Travayiakis has represented persons charged with a variety of felony crimes and Crimes of Violence, and has experience in defending persons at Dangerousness Hearings.

To schedule a Free Consultation, Contact Us Online or call 617-325-9500.

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Aggressive Representation

Fill out the contact form or call us at 617-325-9500 to schedule your free consultation.

Leave Us a Message

We Accept the Following Credit Cards

Mastercard LogoVisa Logo

Client Reviews

Atty Travayiakis was wonderful, attentive and looked carefully at the evidence presented to him. He was always responsive to a call in a timely manner. Would recommend him without reservations!

Leslie Stolts

I came to Lefteris after several other defense attorneys told me that my situation was hopeless. Lefteris worked a miracle on my behalf - no exaggeration. He saved my career, he saved my retirement, he saved my ability to earn a living, and he kept me out of jail. When I came to him with my...

Anonymous

Lefteris K. Travayiakis Is a great attorney! I had a very serious case and he handled it as quickly and efficiently as he could. I truly believe no other lawyer could've done what he did for me. He treated me with the upmost respect and was very prompt to get back to me on any issues I had. I highly...

John Vandeusen

I've used Lefteris both professionally and personally for various legal representation. Aggressive and qualified he handles every case like it is the only one that he has. He has the experience and knowledge in the court system to navigate through some of the red tape that other attorneys get...

Millcreek Health Center

Lefteris is a top tier lawyer who will fight until justice is served. He leaves no stone unturned and keeps you informed throughout the entire process. Lefteris is detail oriented and fights hard for his clients. In my particular case he prepared all the evidence and documents and represented me...

M.M.