LAW OFFICE of JAMES BUDREAU

Sentencing is a complex issue which differs from the state to the federal court. In the Commonwealth of Massachusetts, the state has informal guidelines which are not required. The state District Court has limited sentencing powers and can only sentence a person to the House of Corrections where the maximum is two and one half years per count. The Massachusetts Superior Court has full sentencing authority and can sentence a convicted person to the maximum of the statute for the crime in question. The Superior Court can sentence a person to the House of Corrections or to State Prison.

If a person is sentenced to the House of Corrections, they are generally eligible for parole after serving half their sentence. If a person is sentenced to State Prison for example five to seven years, then they are eligible for parole after serving the first number (five years). They earn good time which reduces the top number (seven years). If they are not paroled then they would be released after serving seven years minus any good time earned during their incarceration.

The state has minimum mandatory sentences for drug crimes which are extremely harsh. These minimum sentences range from two years for a conviction involving distribution of drugs in a school zone to fifteen years for trafficking over 200 grams of cocaine. While the federal government also has minimum mandatory sentences, the amounts are generally much higher before the minimum sentences are triggered. Regardless, the entire amount of the sentence must be served when a person is convicted for a crime requiring a minimum mandatory sentence.

Obviously, there are alternatives to prison if a person is convicted of a crime. A person could be given a suspended sentence, probation, house arrest, a deferred sentence (continue without a finding) or a treatment center to name a few alternatives. These alternatives do not apply to minimum mandatory sentences.

These are only some of the legal issues that a citizen faces in the criminal system. In order to obtain a free consultation about issues that specifically pertain to your personal circumstances, call the Law Offices of James Budreau at (617)227-8558.

Notice: The above is a broad overview of criminal law and procedures. This information should not be relied upon in making any decisions regarding your legal rights. You should always consult with an attorney before determining what your legal rights and remedies are.