The Valor Act

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.