we have gone to our second 58A hearing and been held as dangerous both times some facts the prosecutor said in the hearing were incorrect and our lawyes is clueless! the defendant is a 8 time convicted drunk driver this time with serious bodily injury (the passenger was life flighted for a broken thumb with missing skin on it!) and the man is completely healed with no permanent injury his but the prosecuter said otherwise to the judge and our lawyer didnt pick up on it because he does not keep in contact with us so he does not know that the man hurt in the accident does not have permanent injuries the judge took one day to think about it then denied bail. is there a way to appeal this seeing as some of the facts were miss leading?
I am not sure why others have said there is no appeal. My understanding is that M.G.L. c. 276 § 58A(7) provides for review in superior court. Furthermore, M.G.L. c. 276 § 58A(4) allows the defendant to "reopen" the hearing in the original court if the judge is convinced "that information exists that was not known at the time of the hearing and that has a material bearing on the issue...."
The process for 58A review in superior court is practically the same as standard bail review. I know Suffolk and Middlesex conduct these reviews via video conference, so there is no need to transfer the defendant.
I do agree, however, that a ninth OUI charge itself is probably enough to hold the defendant under M.G.L. c. 276 § 58A(1).
"the defendant is a 8 time convicted drunk driver "
And, apparently, facing a ninth OUI charge. That would seem to support a "dangerous" finding, even if an appeal were permitted.
If the defendants are not satisfied with their counsel, they should contact the MA and Middlesex County bar associations for referrals to skilled OUI counsel.
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