Conditions of Release Modified to Permit Mother Charged With Strangulation and Assault and Battery on a Child Contact With Alleged Victim

Our client is a mother of three charged with strangulation under G.L. c. 265 §15D and assault and battery under G.L. c. 265 §13A. At arraignment the district attorney’s office argued that the defendant should not be permitted contact with one of her children, the alleged victim in this case. The judge agreed and imposed that condition. Our office entered an appearance on this case and moved to vacate that condition. We informed the judge that there was a collateral case in the probate and family court and that orders were in place addressing that situation. The judge in the criminal court agreed and the condition of no contact with the alleged victim was vacated. 

Here are some points to consider:

• An arraignment in Massachusetts is a critical stage of any criminal proceeding. Pretrial conditions are imposed at the arraignment. You should always be represented by a lawyer at an arraignment.
• Conditions of release can be modified and in many cases they will be modified. In other words, conditions of release are not final in Massachusetts. They can be changed when circumstances suggest they should be. This case is a perfect example of why conditions should have been modified.
• Court Orders in related matters may be considered when setting conditions of release or what are often called pretrial conditions. If there are pending court orders in a collateral matter the judge should in the criminal case should be advised so that the conditions of release can be he sets can be consistent with the collateral court order.
• Criminal court orders in Massachusetts can be superseded by probate and family court orders where, as in this case, they are applicable.

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