Decision Commonwealth v. Calvaire

Date: 01/11/2017
Organization: Massachusetts Supreme Judicial Court

Table of Contents

Commonwealth v. Calvaire

Commonwealth v. Donald Calvaire
Supreme Judicial Court, January 11, 2017
(Competency to stand trial)

Under G.L. c. 123, §16 (f), a defendant who is found incompetent to stand trial is entitled to dismissal of the criminal charges against him after the charges have been pending for one-half the maximum sentence he faces on the most serious crime. In situations where the most serious crime is within the concurrent jurisdiction of both the Superior Court Department and the District Court or Boston Municipal Court (BMC) Department, the basis for the calculation is the maximum sentence provided for in the statute of the most serious crime, regardless of the court in which the charges are pending.

Note: G.L. c. 123, §16 (f), allows a judge to dismiss charges prior to the calculated parole eligibility date “in the interest of justice.”