Guideline 8:06
When a defendant has been arrested or is the subject of an arrest warrant for an offense enumerated in G.L. c. 276, § 58A, and the Commonwealth moves for pretrial detention, the court must hold a hearing upon the defendant’s first appearance before the court, pursuant to § 58A (4). A violation of a c. 258E order is not enumerated as an offense that qualifies for detention pursuant to the dangerousness statute. A hearing under § 58A would only be available if other qualifying crimes were charged or if the violation involved domestic abuse as defined by G.L. c. 209A, § 1.
Commentary
A violation of a c. 258E order does not qualify as a predicate offense under § 58A. When presented with a motion under § 58A, the court must first make a determination whether there is probable cause to believe that the defendant has committed a qualifying crime.
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| Last updated: | October 20, 2025 |
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