Decision J.H. v. Commonwealth

Date: 04/12/2018
Organization: Massachusetts Supreme Judicial Court

J.H. v. Commonwealth
Supreme Judicial Court, April 12, 2018
(Juvenile/Transfer Hearing)

 “G. L. c. 119, § 72A, permits a Juvenile Court judge to transfer lesser included offenses where supported by probable cause even where lesser included offenses are not expressly charged. In instances where a judge finds no probable cause of the crime charged but does find probable cause of a lesser included offense, however, the judge must give a defendant a meaningful opportunity to present evidence and argument as to why discharge, rather than transfer, of the lesser included offense is consistent with protection of the public.”

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