Word: brandano
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Lawyers for Pomey and Gomes had asked to follow a procedure outlined in a 1971 Mass. Supreme Judicial Court decision, Commonwealth v. Brandano, which would effectively prevent a conviction from appearing on their criminal records...
...criminal penalty for larceny over $250 in Massachusetts is up to five years in prison and restitution to the victim. However, lawyers for Gomes and Pomey argued Friday that Agnes should follow the precedent of Commonwealth v. Brandano, a 1971 Massachusetts Supreme Judicial Court case. Under that procedure, the court would reject Gomes’ and Pomey’s guilty pleas, give them pre-trial probation and continue the case for two years before dismissing it. In short, the Brandano procedure would mean no jail time and no recorded conviction for either Gomes or Pomey, in spite of their...
According to the Brandano procedure, the lawyers argued, the court has the authority to reject a plea of guilty, offer pre-trial probation to the defendants, continue the case for a period of two years and ultimately dismiss the case without a final finding...
...they changed their pleas Friday, their lawyers argued the court should follow the procedure outlined in a 1971 Mass. Supreme Judical Court decision, Commonwealth v. Brandano...
...Although Brandano allows for a judge to decline to accept a guilty plea, an Aug. 23 decision by the Supreme Judicial Court, Commonwealth v. Tim T., said a judge could not do so over the objections of the Commonwealth...