Massachusetts Criminal Lawyer John Andrews

ANATOMY OF A MASSACHUSETTS DISTRICT COURT CASE

The Massachusetts trial court has both a District Court and a Superior Court. The Massachusetts District Courts have final jurisdiction of misdemeanors and certain felonies. Typically, cases such as operating under the influence, disorderly conduct, domestic assault and battery, assault and battery by means of a dangerous weapon, possession of drugs, and other low level felonies are handled in the District Court. More serious felonies are heard in the Superior Court.

The following “anatomy” is intended to provide some insight into how a criminal case progresses in the Massachusetts District Courts. The sequence of events outlined below is subject to change in any given case and, therefore, this anatomy should be used as a general guide only. As is often the case in the law, each case is handled on an individual basis, and, therefore, some deviation is possible. Often, there will be events scheduled for certain dates that will be continued for a number of reasons.

1. ARRAIGNMENT

The arraignment is the defendant's first court appearance. At the arraignment, the court reads the formal charges to the defendant who then enters a plea (typically, not guilty) and, if requested, will conduct a bail hearing.

In Massachusetts, the government can request cash bail or can request that the accused be held without bail. A request to hold an individual without bail is generally made when the government alleges that an individual represents a danger to the community, or if the defendant has other charges pending.

2. BAIL HEARING

The bail hearing is generally held at the time of arraignment. Its purpose is to determine what will reasonably assure the defendant's appearance at all future court dates until the matter is resolved. The issues considered by the court in setting bail include the seriousness of the charge(s), the past criminal record, if any, past court defaults, the likelihood of conviction, and the person's roots and reputation in the community. If the government is seeking to hold the accused without bail, it is likely that the bail hearing will be held at a later date. In the interim, the defendant is held in custody. At the hearing, the prosecution will present witnesses, and the defense has the opportunity to cross-examine witnesses and present witnesses of their own.

Individuals who are arrested while they have charges pending against them may have their bail revoked and be held without bail for sixty (60) days.

3. PRE-TRIAL CONFERENCE

The second court appearance is generally a pre-trial conference. This conference provides an opportunity for the prosecutor and defense counsel to discuss the case (merits, strengths, weaknesses, defenses, etc.) and possibly begin plea negotiations. A pre-trial conference report is prepared and is used to inform the court of what each side needs in order to be ready for trial. Additionally, the completed pre-trial conference report informs the parties and the court of who the witnesses may be and whether or not there are other matters (motion hearings) that need to be completed prior to a trial on the merits of the case. If there are no other motions to be heard, the court will schedule a trial.

4. DISCOVERY

The next court date is usually for either a hearing on discovery motions (if any are filed) or for compliance and election. Discovery is the process by which a defendant is provided with critical information about the government's case. Often the defense attorney will make a formal request (motion) that the government be ordered to provide information to the defense. The defense is also required to provide certain information to the government. If the defense has not filed any discovery motions, then this date is scheduled for compliance and election. Compliance refers to the mutual obligation to present information (discovery) about each side's case to the other side. Election refers to the election of a bench (Judge, only) or a jury trial. The majority of cases are scheduled for a jury trial.

5. MOTION TO SUPRESS OR DISMISS

In cases where the defense alleges that the police have violated an individual's constitutional rights with respect to a search and seizure, or in obtaining an admission or identification, a motion to suppress the evidence is filed with the court. A motion to suppress is decided by the court after both sides have had an opportunity to make oral arguments, and in many cases to present testimonial evidence. While it is preferable to have a motion to suppress heard and decided prior to a trial date, the court may schedule both to be heard on the same date.

6. TRIAL