Product Description

Recent updates:

• Update: October 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of the Massachusetts District Court Criminal Defense Manual . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the issues addressed in the 2023 Edition include:

  • the circumstances under which an accused is entitled to a clerk's hearing before the issuance of a criminal complaint;

  • a finding of ineffective assistance of counsel where a racist attorney purported to represent a Black client of Muslim faith;

  • the permissible scope of conditions of release;

  • the scope of pretrial detention authorized by G.L. c. 276, § 58A, and in particular a Supreme Judicial Court hold-ing that neither manslaughter nor assault and battery with a dangerous weapon involve the type of force for which detention would be warranted under the statute;

  • a newly added discussion of lack of criminal responsibility;

  • Supreme Judicial Court guidance on the evidentiary significance of the defendant's rap lyrics;

  • an addition to the mental health statute allowing prisoners to petition for transfer to a Department of Mental Health facility or Bridgewater State Hospital if they have been on mental health watch for seventy-two hours or are at serious risk of imminent and serious self-harm;

  • circumstances under which hearsay is considered substantially reliable for purposes of involuntary civil commit-ment hearings under G.L. c. 123, § 35;

  • discovery sought to support a claim of selective prosecution;

  • the sufficiency of affidavits offered in support of substantive motions;

  • challenges to gun charges based on the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022); and

  • recent developments in the law on voir dire and the use of peremptory challenges.

  We trust you will find this updated version of the Massachusetts District Court Criminal Defense Manual an invaluable resource for your practice.

  Cordially,

  John M. Lawlor, Esq. MCLE Publications Attorney

• Update: August 2021

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2021 supplement to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision and supplement we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This supplement addresses practice challenges arising from the COVID-19 pandemic (such as speedy trial rights) and also features:

  • a new discussion of GPS monitoring as a condition of release (See Chapter 8: Detention Hearings);

  • a heavily refreshed chapter that provides an introduction to the substantive and procedural aspects of representing defendants with mental disabilities (see Chapter 9: Mental Health Considerations at Arraignment and Beyond); and

  • guidance on motions to challenge racial profiling pursuant to Commonwealth v. Long (see Chapter 10: Pretrial Conferences, Pretrial Hearings, and Discovery and Chapter 11: Substantive Motion Practice).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: July 2019

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2019 revision to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This edition features fresh perspectives from ten new authors. Highlights include:

  • a new chapter on building a relationship with your client (see Chapter 3);

  • practical insight on developing the theory of the case (see Chapter 4);

  • added discussion of the defenses of mere presence and personal use (see Chapter 5);

  • new guidance on motions to sever (see Chapter 11); and

  • a combined chapter on the intertwined topics of plea negotiations and sentencing (see Chapter 16).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Overview of the Attorney’s Role

Buy Chapter

Keira F. Gibson, Esq., Law Offices of Sonja B. Selami, PC
Richard Keshian, Esq., Kajko, Weisman & Colasanti LLP

Checklist 1.1

- Purchase and Sale Conference Checklist for Representing Seller Buy Form

Checklist 1.2

- Buyer’s Checklist for Purchase and Sale Agreement Buy Form

Checklist 1.3

- Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist for Purchase and Sale Agreement) Buy Form

Checklist 1.4

- Checklist of Typical Contents of Initial Letter to Seller Client Buy Form

Checklist 1.5

- Checklist of Typical Contents of Initial Letter to Buyer Client Buy Form

Chapter 2 expand

The Contracts: The Offer to Purchase and the Purchase and Sale Agreement

Buy Chapter

Steven L. Mangold, Esq., Hemenway & Barnes LLP

Exhibit 2A

- Property Transfer Lead Paint Notification and Property Transfer Notification Certification Buy Form

Exhibit 2B

- GBREB Form: Offer to Purchase Contingency Addendum Buy Form

Exhibit 2C

- REBA Form 9A: Lead Paint Rider for Residential Property Constructed Prior to 1978 Buy Form

Exhibit 2D

- Tenant Lead Law Notification and Tenant Certification Form Buy Form

Exhibit 2E

- GBREB Form: Offer to Purchase Real Estate Buy Form

Exhibit 2F

- REBA Form 9: Offer to Purchase Real Estate Buy Form

Exhibit 2G

- Sample Purchase and Sale Agreements Buy Form

Exhibit 2H

- REBA Ethical Standard No. 1: Consideration Recited in Deeds Buy Form

Exhibit 2I

- REBA Practice Standard No. 19: Home Equity Loan Discharges Buy Form

Exhibit 2J

- REBA Practice Standards Nos. 1, 5, and 7 (Adjustments) Buy Form

Exhibit 2K

- REBA Form 66: Sample Rider Provisions to Residential Purchase and Sale Agreement for Single Family, 1-4 Family, and Condominium Units Buy Form

Exhibit 2L

- Sample Use and Occupancy Agreement (Buyer) Buy Form

Exhibit 2M

- Sample Use and Occupancy Agreement (Seller) Buy Form

Chapter 3 expand

Financing a Residential Real Estate Transaction

Buy Chapter

Ruth Dillingham, Esq., Dillingham Law LLC

Checklist 3.1

- Checklist for Residential Real Estate Closing Buy Form

Exhibit 3A

- Loan Estimate Buy Form

Exhibit 3B

- Fixed and Adjustable Rate Notes Buy Form

Exhibit 3C

- Uniform Residential Loan Application Buy Form

Exhibit 3D

- Lead Paint Agreement Buy Form

Exhibit 3E

- Attorney General’s Consumer Protection Disclosure Forms Buy Form

Chapter 4 expand

Due Diligence: Home Inspections and Environmental and Land Use Law

Buy Chapter

Philip B. Posner, Esq., Law Office of Philip B. Posner

Checklist 4.1

- Checklist for Environmental Review of Residential Property Buy Form

Checklist 4.2

- Checklist for Purchasing a Residential Building Lot Buy Form

Exhibit 4A

- Sample Home Inspector’s Form Buy Form

Exhibit 4B

- Home Inspection Report Minimum Standards Buy Form

Exhibit 4C

- MassDEP Guide: Buying or Selling Property with a Septic System Buy Form

Exhibit 4D

- MassDEP Guidance on Inspection of Subsurface Sewage Disposal Systems Buy Form

Exhibit 4E

- MassDEP Subsurface Sewage Disposal System Inspection Form Buy Form

Exhibit 4F

- MassDEP Consumer Protection Tips on Septic System Inspections and Repairs Buy Form

Exhibit 4G

- Property Transfer Lead Paint Notification Buy Form

Exhibit 4H

- Tenant Lead Law Notification Buy Form

Exhibit 4I

- Anatomy of a House Buy Form

Exhibit 4J

- REBA Septic System Inspection Rider Buy Form

Exhibit 4K

- G.L. c. 111, §§ 189A–199B: The Massachusetts Lead Law Buy Form

Exhibit 4L

- Department of Public Health Summary of 1994 Amendments to Lead Law Buy Form

Exhibit 4M

- Data Brief: Childhood Lead Exposure in Massachusetts Buy Form

Exhibit 4N

- The Lead-Safe Certified Guide to Renovate Right Buy Form

Exhibit 4O

- Lead-Safe Renovation Contractor Property Owner’s Checklist Buy Form

Exhibit 4P

- Sample Oil Leak Insurance Policy Buy Form

Exhibit 4Q

- MassDEP Fact Sheet: Homeowner Heating Oil System Upgrade and Insurance Law Buy Form

Exhibit 4R

- Unit Deed Buy Form

Exhibit 4S

- Massachusetts Department of Energy Resources Stretch Code Modeling and Analysis Buy Form

Exhibit 4T

- Energy Star Qualified Homes Thermal Bypass Inspection Checklist Buy Form

Chapter 5 expand

Title Examinations and Title Issues

Buy Chapter

Joel A. Stein, Esq., Law Office of Joel A. Stein

Checklist 5.1

- Checklist for Examining a Recorded Land Title Buy Form

Checklist 5.2

- Checklist for Examining a Registered Land Title Buy Form

Checklist 5.3

- Checklist for Taking Title Through Foreclosure Buy Form

Exhibit 5A

- REBA Title Standard No. 1: Period of Search Buy Form

Exhibit 5AA

- REBA Title Standard No. 38: Attachments of Trust Property Buy Form

Exhibit 5B

- Affidavit of Mortgage Repayment Buy Form

Exhibit 5BB

- REBA Title Standard No. 65: Undischarged Confirmatory Mortgages and Collateral Assignments of Rents/Leases Buy Form

Exhibit 5C

- REBA Form No. 15G: Discharge of Mortgage by Attorney’s Affidavit Buy Form

Exhibit 5CC

- REBA Title Standard No. 55: Massachusetts Tax Liens (Recorded) Buy Form

Exhibit 5D

- Good Funds Statute: G.L. c. 183, § 63B Buy Form

Exhibit 5DD

- REBA Title Standard No. 54: Federal Tax Liens (Recorded) Buy Form

Exhibit 5E

- REBA Title Standards Nos. 18 and 19: Municipal Liens Buy Form

Exhibit 5EE

- 830 C.M.R. § 62C.50.1: Lien on Property Buy Form

Exhibit 5F

- G.L. c. 93, § 70: Mortgage Transactions Buy Form

Exhibit 5FF

- Affidavit of Exemption from Federal Tax Lien Buy Form

Exhibit 5G

- REBA Title Standard No. 3: Federal Estate Tax Liens Buy Form

Exhibit 5GG

- REBA Title Standard Nos. 62, 63, and 64: Mechanic’s Liens Buy Form

Exhibit 5H

- REBA Form No. 32: Affidavit Pursuant to G.L. c. 65C, § 14(a) Buy Form

Exhibit 5HH

- Affidavit Regarding Homestead Buy Form

Exhibit 5I

- REBA Title Standard No. 61: Massachusetts Estate Tax Liens with Respect to Transfers for Inadequate Consideration Buy Form

Exhibit 5II

- REBA Form 16: Declaration of Homestead Buy Form

Exhibit 5J

- REBA Title Standard No. 24: Massachusetts Estate Tax Liens Buy Form

Exhibit 5JJ

- REBA Title Standard No. 74: Irregularities in Condominium Unit Deeds and Floor Plans Buy Form

Exhibit 5K

- REBA Title Standard No. 50: Pretermitted Issue Buy Form

Exhibit 5KK

- REBA Title Standard No. 52: Extension of Restrictions Buy Form

Exhibit 5L

- REBA Form 58: Deed of Distribution—M.G.L. c. 190B, § 3-907 Buy Form

Exhibit 5LL

- REBA Title Standard No. 57: Private Restrictions Buy Form

Exhibit 5M

- REBA Form 57A: Affidavit Regarding Note Secured by Mortgage to Be Foreclosed (for Mortgages Which Have Been Assigned) Buy Form

Exhibit 5MM

- REBA Title Standard No. 16: Acknowledgments Buy Form

Exhibit 5N

- REBA Form 57B: Affidavit Regarding Note Secured by Mortgage to Be Foreclosed (for Mortgages Which Have Not Been Assigned) Buy Form

Exhibit 5O

- REBA Title Standard No. 42: Signatory Authority for Documents Executed on Behalf of Entity Mortgage Holders and Their Attorneys in Fact Buy Form

Exhibit 5P

- Affidavit of Sale Buy Form

Exhibit 5Q

- REBA Title Standard No. 34: Powers of Attorney Buy Form

Exhibit 5R

- Waiver of Notice Buy Form

Exhibit 5S

- REBA Title Standard No. 28: Release of Right of Redemption After Foreclosure with Respect to a Federal Tax Lien Buy Form

Exhibit 5T

- Request for Waiver of Right of Redemption Buy Form

Exhibit 5U

- Moratorium Affidavit Buy Form

Exhibit 5V

- Deed in Lieu of Foreclosure Buy Form

Exhibit 5W

- Affidavit of Estoppel and Solvency Buy Form

Exhibit 5X

- REBA Title Standard No. 30: Bankruptcy Transfers Buy Form

Exhibit 5Y

- REBA Title Standard No. 21: Scriveners’ Errors Buy Form

Exhibit 5Z

- REBA Title Standard No. 33: Transfers by Trustee Buy Form

Chapter 6 expand

Title Insurance Basics

Buy Chapter

Lynne Murphy Breen, Esq., FNF Family of Companies: Fidelity, Commonwealth & Chicago Title Insurance

Exhibit 6A

- ALTA Owner’s Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 6AA

- Chart: Castle Enhanced and ALTA Policies Compared Buy Form

Exhibit 6B

- Owner’s Policy of Title Insurance Buy Form

Exhibit 6BB

- Castle Enhanced Coverage Owner’s Policy Jacket Buy Form

Exhibit 6C

- ALTA Loan Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 6CC

- Castle Enhanced Coverage Loan Policy Jacket Buy Form

Exhibit 6D

- Loan Policy of Title Insurance Buy Form

Exhibit 6DD

- ALTA 19 Series Endorsements Buy Form

Exhibit 6E

- Schedules A and B for Owners and Lenders Buy Form

Exhibit 6EE

- ALTA 3 Series Endorsements Buy Form

Exhibit 6F

- Property Description Sheet Buy Form

Exhibit 6FF

- ALTA 17 Series Endorsements Buy Form

Exhibit 6G

- Secondary Mortgage Market Endorsement Buy Form

Exhibit 6GG

- ALTA 9 Series Endorsements Buy Form

Exhibit 6H

- ALTA Endorsement Form 9 Buy Form

Exhibit 6I

- ALTA Endorsement Form 8.1 Buy Form

Exhibit 6J

- ALTA Endorsement Form 7 Buy Form

Exhibit 6K

- ALTA Endorsement Form 6 Buy Form

Exhibit 6L

- ALTA Endorsement Form 6.2 Buy Form

Exhibit 6M

- ALTA Endorsement Form 5 Buy Form

Exhibit 6N

- ALTA Endorsement Form 4.1 Buy Form

Exhibit 6O

- Master Endorsement Buy Form

Exhibit 6P

- "Date Down" Endorsement EXHIBIT 6Q—Residential Limited Coverage Buy Form

Exhibit 6Q

- Residential Limited Coverage Policy Jacket Buy Form

Exhibit 6R

- Notice of Availability of Owner’s Title Insurance Buy Form

Exhibit 6S

- ALTA Commitment for Title Insurance (2021 Form with Redline Changes from 2016 Form) Buy Form

Exhibit 6T

- Sample Affidavit Required by the Title Insurer to Provide Coverage Requested by the Lender Buy Form

Exhibit 6U

- Survey Affidavit Buy Form

Exhibit 6V

- Surveyor’s Report Form Buy Form

Exhibit 6W

- ALTA (CATIC) Expanded Coverage Residential Loan Policy Buy Form

Exhibit 6X

- ALTA Homeowner’s Policy of Title Insurance (2021 Form with Redline Changes from 2013 Form) Buy Form

Exhibit 6Y

- Chart: Comparison of ALTA Standard and Homeowner’s (Expanded Protection) Policies Buy Form

Exhibit 6Z

- Summary of Castle Enhanced Coverage Policies for One-to-Four Family Residences Buy Form

Chapter 7 expand

Deeds

Buy Chapter

Maria Vijil Davis, Esq., Vijil Davis LLC

Exhibit 7A

- REBA Title Standard No. 77: Prior Owner Automatic Homestead or Declared Homestead Buy Form

Chapter 8 expand

Closings

Buy Chapter

Jacqueline M. Hudkins, Esq., Hudkins Law PLLC
Martha L. Prizio, Esq., First American Title Isurance Company

Exhibit 8A

- Sample Introductory Letter 1 Buy Form

Exhibit 8AA

- Agreement Between Buyer and Seller Regarding Real Estate Taxes and Utilities Buy Form

Exhibit 8B

- Sample Introductory Letter 2 Buy Form

Exhibit 8BB

- Name Affidavit Buy Form

Exhibit 8C

- Sample Introductory Letter 3 Buy Form

Exhibit 8CC

- Occupancy Affidavit Buy Form

Exhibit 8D

- Payoff Request Buy Form

Exhibit 8DD

- Compliance Agreement Buy Form

Exhibit 8E

- Request for Hazard Insurance Binder Buy Form

Exhibit 8EE

- Smoke Detector and Carbon Monoxide Detector Certification and Indemnification Agreement Buy Form

Exhibit 8F

- Title Commitment Buy Form

Exhibit 8FF

- Lead Paint Indemnification Buy Form

Exhibit 8G

- Sample Closing Protection Letter Buy Form

Exhibit 8GG

- Declaration of Homestead for Homes Owned by Natural Persons Buy Form

Exhibit 8H

- Plot Plan Buy Form

Exhibit 8HH

- Declaration of Homestead for Homes Owned by Trustee(s) Buy Form

Exhibit 8I

- Municipal Lien Certificate Buy Form

Exhibit 8II

- Foreign Investment Real Property Tax Act Affidavit Buy Form

Exhibit 8J

- Title 5 Official Inspection Form Buy Form

Exhibit 8JJ

- Information for Real Estate 1099-S Report Filing Buy Form

Exhibit 8K

- Request for Certificate of Condominium Insurance Buy Form

Exhibit 8KK

- Attorney’s Certification of Title Buy Form

Exhibit 8L

- Buyer/Borrower Closing Disclosure (Purchase) Buy Form

Exhibit 8LL

- Certification for No Information Reporting on the Sale or Exchange or a Principal Residence Buy Form

Exhibit 8M

- Buyer/Borrower Closing Disclosure (Refinance) Buy Form

Exhibit 8MM

- Title Insurance Affidavit Buy Form

Exhibit 8N

- Seller Closing Disclosure Statement Buy Form

Exhibit 8NN

- Mechanic’s Lien Certificate Buy Form

Exhibit 8O

- ALTA Settlement Statement Buy Form

Exhibit 8P

- Sample Promissory Note Buy Form

Exhibit 8Q

- Sample Mortgage Buy Form

Exhibit 8R

- Property Description, “Exhibit A” Buy Form

Exhibit 8S

- Example Deed Buy Form

Exhibit 8T

- Right to Cancel Buy Form

Exhibit 8U

- Escrow Disclosure Buy Form

Exhibit 8V

- First Payment Letter Buy Form

Exhibit 8W

- Insurance Binder Buy Form

Exhibit 8X

- IRS Form W-9, Request for Taxpayer Identification Number and Certification Buy Form

Exhibit 8Y

- IRS Form 4506-T, Request for Transcript of Tax Return Buy Form

Exhibit 8Z

- Notice of Availability of Owner’s Title Insurance Buy Form

Chapter 9 expand

Ethical Issues for Real Estate Lawyers

Buy Chapter

Bruce T. Eisenhut, Esq.,

Editor(s)

Author(s)