In March of 2026, the Massachusetts Supreme Judicial Court decided that a written bomb threat did not constitute a predicate offense under the “force clause,” and therefore pretrial detention was not justified. Under the state’s force clause, only certain types of violent offenses may lead to pretrial detention. If you face the loss of bail, consider speaking with an experienced criminal defense attorney in Boston.
The Background of the Case
The case involves a bank robbery. According to the court, the defendant entered the bank, walked up to the teller, and handed them a note with the words “I have a bomb” written on it. The teller then gave the defendant money with a hidden dye pack, and the defendant left the bank. At no point did the teller observe the defendant carrying a weapon or a bomb of any kind. Before the defendant could reach his vehicle, the dye pack exploded. He was arrested a few hours later.
Citing the force clause, prosecutors filed a motion to hold the defendant without bail. The defendant’s lawyer tried to argue that he had not committed any offenses that would trigger the force clause, but the judge refused to offer bail. Eventually, he pleaded guilty to both his charges (armed robbery and bomb threat), making the pretrial detention issue something of a moot point. Nevertheless, the Supreme Court decided to explore this issue in order to clear up a “gray area” of the law.
Does Passing a Written Threat “Count” as a Violent Offense?
The logic behind the force clause is obvious. If someone faces allegations of violent offenses, the court may assume that they pose a hazard to the community. As a result, the court concludes that keeping them behind bars is in the best interests of public safety. While this might make sense from a logical standpoint, it comes dangerously close to violating the 14th Amendment of the United States Constitution. Along with ensuring due process, the 14th Amendment protects citizens accused of wrongdoing until a court proves them guilty.
The real question is what “counts” as a violent offense in this situation. The force clause includes offenses like rape and assault with a deadly weapon. But what about passing a written bomb threat to someone? In the aforementioned bank robbery, the defendant did not actually have a bomb or a weapon of any kind.
Because the defendant was not armed, and because he never actually came into physical contact with anyone, the court was forced to admit that this offense should not have triggered the force clause.
Can a Boston Defense Attorney Help Me Get Bail?
The court is often far too hasty in denying bail. With an experienced criminal defense attorney in Boston, you can fight for your right to pretrial release, get out from behind bars, and continue fighting your case from the comfort of your own home. Contact Edward R. Molari, Attorney at Law for further guidance.