Commonwealth v. Eldred

101 N.E.3d 911 (2018)

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Commonwealth v. Eldred

Massachusetts Supreme Judicial Court
101 N.E.3d 911 (2018)

Facts

Julie Eldred (defendant) was arraigned on a felony larceny charge after stealing jewelry. Eldred admitted that she stole the jewelry to obtain money to support her addiction to heroin. The case was continued without a finding. The judge imposed a one-year probation period that required Eldred to remain drug-free, submit to random drug tests, and attend regular outpatient treatment for substance abuse. Less than a month after beginning treatment, Eldred tested positive for fentanyl. Eldred’s probation officer successfully moved for a detention hearing. The judge held that Eldred had violated the requirement of her probation that she remain drug-free and modified the condition to require inpatient treatment. Because an inpatient placement was not immediately available, the judge had Eldred placed in custody. Eldred appealed. The Massachusetts Supreme Judicial Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Lowy, J.)

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