The
Valor Act of Massachusetts, also known as senate bill 2254, was passed on May
31, 2012. The act is an alternative to handling a case through the
criminal-justice system. Whereas a typical criminal case functions primarily to
determine the guilt or innocence of the accused, a pretrial diversion program,
which the Valor Act is, focuses on treating, educating, or otherwise improving
the accused’s life. There is no admission or finding of guilt and thus no
criminal conviction. Before or on the day of arraignment is when one would seek
protection under the Valor Act. To qualify, one must satisfy several
requirements, which include: being an active member of the armed forces or a
veteran as defined by Massachusetts statue, must be accused with a crime punishable
by imprisonment and be charged in a district court, must have no prior criminal
convictions, outstanding warrants, or pending criminal cases, and finally,
there must be a program recommendation that the accused would benefit from. While
a judge does have discretionary power in ruling whether to approve the pretrial
diversion program, it is up to the defendant to rise claim and show that all
the requirements are met. The judge may issue a 14-day continuance so for the
defendant to prove they are either active armed force personnel or a veteran.
For the exact wording of the Valor Act one should look to Massachusetts General
Law 276(A), which spells out exactly who is qualified under the act and how one
would go about seeking relief through the act. If you or a loved one has found
yourself dealing with a first time offense and are or were a member of the
armed forces and you think you qualify under the Valor Act, contact Boyle &
Carbone, P.C.
Thanks for writing on Valor Act.Never knew that an act could be aimed at something else than finding one guilty.Sydney Probate Lawyers is a boutique law firm based in the heart of Sydney’s CBD, specialising in Probate Law.Probate Solicitors Sydney
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