Law Office of Aurelie M. Couturier, P.C.

Massachusetts Criminal Court Procedures

Court Procedure: How the Process Works

After you have been arrested, you will either be summonsed to court, or you will be brought directly to court after you go through the booking process at the police station.

The following outlines the court process for most criminal cases in Massachusetts.

1. Arraignment
   This is your first court appearance after being arrested. The court advises each defendant of the charges and enters a plea of not-guilty to the charge(s).
1. Bail hearing: The main purpose of bail is to ensure your return to court. Unless you have a criminal history, prior court defaults, or an egregious activity in your arrest, it is more than likely that the court will release you on your own personal recognizance to return to court for a pre-trial conference. If the Commonwealth is requesting that a bail is posted to ensure your return to court, then you are entitled to a bail hearing. If you do not have an attorney in court with you at arraignment, then the Court will provide an attorney for the limited purpose of the bail hearing.
2. Revocation of bail (G.L. c. 276 � 58) If you have a criminal matter pending at the time of the arraignment on the new charge, the Commonwealth can request that your bail on the original charge be revoked and ask the court to hold you without bail for up to 60 days. The Commonwealth has to prove that (i) you were advised of your bail warnings by the court on the original criminal matter, (ii) there is probable cause to believe that you committed a new crime, while your original crime is pending, (iii) that your release will seriously endanger any person in the community and (iv) that your detention is necessary to reasonably assure the safety of the community.
3. Dangerousness hearing (G.L. c. 276 � 58A): The Commonwealth may move, based on dangerousness, for an order of Pre-Trial Detention or release subject to conditions. The Commonwealth has to prove by clear and convincing evidence that personal recognizance will not reasonably assure the appearance of the defendant or will endanger the safety of another person in the community, and that no conditions or release will reasonably assure the safety of another person or the community. If you do not have an attorney in court with you at that time, then the Court will provide you an attorney for the limited purpose of the dangerousness hearing.
4. Notice of Surrender: If you are on probation for another case at the time of arraignment, the probation department will issue you a Notice of Surrender, giving you a date for you to return to court for a Probation Hearing. If the probation department is requesting a detainer, then you are entitled to a hearing. If you do not have an attorney in court with you at that time, then the Court will provide you an attorney for the limited purpose of the detention hearing.
2. Pre-Trial Conference
   This is your next court date after the arraignment. The pre-trial conference is the first opportunity for your attorney and the prosecutor to conduct a meaningful discussion of your case. At the pre-trial conference stage your attorney and the prosecutor determine whether there is additional outstanding material available that is relevant to your case. It is at the pre-trial conference that your attorney files the relevant motions. Your attorney and the prosecutor also discuss the possibility of resolving the case by means of a disposition. (plea bargain or tender of plea)
1. Disposition: You have a right to tender an admission or plea to the charges pending against you, and request that a disposition be imposed, regardless of whether the prosecutor agrees to your disposition. The Court may accept your disposition, which resolves your matter the way you suggested. The Court may elect to refuse the terms suggested under your disposition and impose a greater penalty. You have the option of accepting the court's counteroffer, or you may withdraw your tender plea and preserve your trial rights. If your case is not disposed of at the pre-trial conference, then the Court schedules either a motion Hearing date or a Trial date, depending on the case.
3. Motion Hearing 
   Depending on the facts of your case, your attorney will file motions, which are argued before the court. Those Motions may be dispositive of the charges pending against you. For instance, your attorney may file a Motion to Suppress Evidence to attempt to exclude evidence against you that may have been obtained in violation of your constitutional rights by the arresting police officers. Your attorney may also file a Motion to Dismiss the charges pending against you if a technical violation occurred or if the Commonwealth does not meet its burden of proof. 
   There are many motions that your attorney may file and argue before the Court, based on the specific facts of your case.
4. Trial 
   The trials are typically conducted in the courthouse where the pre-trial conferences have been held. You have the right to have a trial in front of a judge (bench trial), where the judge decides your guilt or innocence. You also have the right to have a trial by jury (jury trial) where the members of the jury have to unanimously decide whether you are innocent or guilty of the charges pending against you. The decision to have a trial by judge or jury is typically made the day of trial.
5. Sentencing 
   In the event that your case was tried (by Judge or Jury) and that you were convicted, the judge will proceed the sentencing phase. The prosecutor proceeds first and requests that the judge impose a specific disposition. Your attorney will then make a recommendation on your behalf and provide the court specific reasons based on a factual argument in support of the recommendation. The judge will typically enter the sentence against you at that time, after the sentencing argument.

Call us now to schedule your free initial consultation. The attorney will sit down with you and go over the specifics of your case with you: review the police report and give you an assessment of your case. Then, you can decide if you want to hire us to represent you.

To consult with a lawyer about your Massachusetts criminal matter, please contact us at (508) 559-2240, or email us at [email protected]. We will be happy to schedule an appointment for an initial consultation.

We service clients in all matters in Attleboro, Boston, Brockton, Cambridge, Chelsea, Dorchester, Fall River, Hingham, Lawrence, Lynn, New Bedford, Plymouth, Quincy, Roxbury, Salem, Stoughton, Taunton, West Roxbury, Wareham, Worcester, and Wrentham, to only name a few Courts.

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 THE MATERIALS CONTAINED ON THIS WEB-SITE HAVE BEEN PREPARED BY Law Office of Aurelie M. Couturier, P.C., AND ARE FOR INFORMATIONAL PURPOSES ONLY. THESE MATERIALS ARE NOT TO BE CONSTRUED AS LEGAL ADVICE. READERS SHOULD CONSULT THE ADVICE OF COMPETENT COUNSEL.