Greater Boston & Massachusetts Criminal Case FAQs

Retain a defense attorney before your first court appearance, and ideally before making any statement to police, your employer, your university, or any licensing board. If you were arrested, invoke your right to remain silent in plain words. Say “I am invoking my right to remain silent. I want to speak with a lawyer” and then say nothing further. If you received a summons by mail, the most important question is whether your case is scheduled for a clerk-magistrate hearing or an arraignment. The two are fundamentally different proceedings with very different stakes. Our blog post What to Do in the First 24 Hours After a Massachusetts Arrest walks through each early decision in detail.

Yes, and this is where the stakes are highest. A clerk-magistrate hearing under M.G.L. c. 218, § 35A is a private, pre-arraignment proceeding at which a court clerk-magistrate decides whether to issue a formal criminal complaint. If the complaint is denied or held in abeyance and later dismissed, no CORI entry is ever created. The matter is permanently closed off the public record. Attempting to represent yourself, or attempting to explain your side of the story to the magistrate without counsel, almost always produces an accidental admission that supplies the probable cause needed to issue the complaint. An experienced attorney presents a structured, fact-based case for denial. For a fuller treatment, read A Practitioner’s Guide to Massachusetts Clerk-Magistrate Hearings.
Under Cabrera v. Commonwealth (SJC 2025), a complaint issued without that hearing can be dismissed, though without prejudice; see our page on how Massachusetts criminal cases get dismissed.

They are different proceedings at different stages. A clerk-magistrate hearing summons means the police have applied for a criminal complaint against you but no complaint has yet issued. The hearing is private. No CORI entry is created unless the complaint issues. This is the most valuable procedural stage for a defendant because a successful defense here ends the matter entirely and privately.
An arraignment summons means the complaint has already issued and you are being called to court for your first formal appearance. No private hearing is available at this stage. The charge will be entered onto your public CORI the moment the judge calls your name. If you have received an arraignment summons, retaining counsel before the date allows your attorney to appear and argue for the most favorable bail conditions. The window to prevent the CORI entry, however, has already closed.

A police officer who arrests you may conduct a limited search of your person and immediate surroundings incident to the arrest, but not of your phone. The United States Supreme Court held in Riley v. California, 573 U.S. 373 (2014), that law enforcement must obtain a warrant before searching the digital contents of a seized phone. Do not provide your passcode. Do not consent to a device search. Consent waives the constitutional protection entirely and cannot be recovered. See our page on Illegal Searches and Seizures in Massachusetts.

Under M.G.L. c. 274, § 1, a crime punishable by imprisonment in state prison is a felony. All other crimes are misdemeanors. Felonies carry greater penalties and heavier collateral consequences for professional licenses, immigration status, and firearms rights. Most misdemeanors carry a maximum sentence of 2.5 years in a House of Correction. Serious felonies are prosecuted in Superior Court, while misdemeanors and lower-level felonies are prosecuted in District Court or the Boston Municipal Court. The distinction also sets the waiting periods for sealing a CORI record, which are three years for misdemeanors and seven years for felonies.

The arraignment is the first formal court appearance, and three things happen there. First, the judge formally reads the charges and the defendant enters a plea, which is almost always not guilty because that plea preserves every available option. Second, the judge addresses bail and conditions of release. Third, and most important for the defendant’s record, the charge is permanently entered onto the public CORI at the moment the judge calls the case, regardless of how the case ultimately resolves.
This CORI entry is created even if the charge is later dismissed, even if the defendant is found not guilty at trial, and even if no conviction ever results. It remains visible on background checks until it becomes eligible for sealing or expungement. This is why preventing a case from reaching arraignment through a successful clerk-magistrate hearing is the most effective record protection available.

Not guilty, in virtually every case. A not-guilty plea at arraignment preserves every available option, including the ability to negotiate with prosecutors, file motions, seek dismissal, or proceed to trial. It is not an admission of anything and does not prevent a later resolution by plea. Entering any other plea at arraignment, before full discovery, legal analysis, and defense preparation, is almost always a mistake. Your attorney will enter the plea on your behalf.

A dangerousness hearing under M.G.L. c. 276, § 58A is a pre-trial proceeding at which the prosecution moves to hold a defendant in custody without bail for up to 120 days. The prosecution must demonstrate by clear and convincing evidence that no conditions of release will reasonably assure the safety of the community. Dangerousness hearings are most commonly filed in domestic violence cases, serious violent felony charges, certain repeat OUI offenses, and firearms cases. A defendant is entitled to a hearing before a detention order issues and may postpone the final hearing by up to seven days to prepare a defense.

A judge considers the seriousness of the charge, the defendant’s prior criminal record, ties to the community, employment history, and risk of flight. For most first-time misdemeanor arrests, release on personal recognizance without cash is available. For more serious charges and repeat offenders, cash bail or GPS monitoring conditions may be imposed. An attorney present at arraignment can argue for the most favorable conditions. Conditions of release in domestic violence and restraining order cases commonly include stay-away orders and firearms surrender requirements that take effect immediately.

The pretrial conference (PTC) is the first scheduled date after arraignment. Your defense attorney and the Assistant District Attorney exchange discovery, meaning the prosecution’s evidence. That evidence includes police reports, witness statements, 911 audio, body camera footage, breathalyzer results, and any surveillance footage. Both sides sign a Pretrial Conference Report (PTCR) documenting what has been exchanged and what remains outstanding. Initial plea negotiations begin at this stage. Most cases are not resolved at the first pretrial conference, and the process continues through subsequent court dates.

A compliance and election (C&E) hearing occurs after the pretrial conference. The court verifies that all required discovery has been exchanged, which is the compliance step, and asks the defense to elect whether the case will be tried by a jury or by a judge sitting alone, which is the election. If the case is not resolved at the C&E, it is scheduled for either a motion hearing or trial. Cases can also be continued by agreement at C&E dates if negotiations are ongoing.

A Motion to Suppress asks the court to exclude evidence that was obtained in violation of the Fourth Amendment to the United States Constitution or Article 14 of the Massachusetts Declaration of Rights. If police conducted an illegal stop, illegal search, or unlawful seizure, the evidence obtained, whether a weapon, drugs, or a breathalyzer result, can be suppressed and excluded from trial. When the key evidence is suppressed, the prosecution frequently cannot proceed and the charges are dismissed. A Motion to Suppress based on a coerced or un-Mirandized statement can similarly eliminate the prosecution’s most important evidence. These motions are litigated before trial at a separate hearing.

A Motion to Dismiss asks the court to terminate the prosecution entirely based on a legal defect in the case. Common grounds include a complaint that fails to allege every required element of the charged offense, an expired statute of limitations, a violation of the defendant’s speedy trial rights under Mass. R. Crim. P. 36, evidence that is constitutionally insufficient to support the charge, and a complaint the clerk-magistrate issued without providing notice of the show cause hearing. A successful motion to dismiss ends the case but may be without prejudice, which means the Commonwealth can refile in some circumstances. Our blog post on the law of clerk-magistrate hearings covers the specific dismissal grounds available at that stage.

A Continuance Without a Finding (CWOF) is a disposition in which the judge does not enter a guilty finding but continues the case on probationary terms, typically fines, community service, and completion of a program. A CWOF requires an admission to sufficient facts, meaning the defendant acknowledges that the prosecution has enough evidence to convict. If probation is completed successfully, the case is dismissed. A CWOF is not a conviction under Massachusetts law, but it does appear on a CORI report during the continuance period and as a disposed case after dismissal. For licensed professionals, for immigration purposes, and for FINRA registration, a CWOF is treated as a conviction. It is not a universally safe outcome, and the specific consequences for each defendant must be assessed before accepting one.

Pretrial probation under M.G.L. c. 276A is a diversion disposition in which the case is placed on track for dismissal without the defendant ever admitting guilt or making any admission to sufficient facts. The defendant agrees to comply with court conditions, typically no new charges, completion of a program, or payment of restitution, for a set period, after which the case is dismissed. Unlike a CWOF, pretrial probation involves no admission and is therefore cleaner from a CORI, professional licensing, and immigration standpoint. It is not available in every case or at every court, and eligibility depends on the charge and the policy of the DA’s office.

A dismissal terminates the prosecution, and it can happen at several stages. The case may end at the clerk-magistrate hearing, where no CORI entry is ever created. It may end after arraignment when a judge allows a motion to dismiss or the DA agrees to dismiss. It may end after a period of pretrial probation or diversion. A dismissal after arraignment leaves a CORI entry that shows the charge as dismissed, and that entry remains visible on background checks until sealed. A dismissal can be with prejudice, which is permanent and bars refiling, or without prejudice, which allows the Commonwealth to refile under certain conditions. The most protective outcome for any defendant is a pre-arraignment resolution that generates no CORI entry at all.

In Massachusetts District Court and BMC, a defendant charged with an offense punishable by more than six months has the right to a jury trial. A bench trial is decided solely by the judge, who acts as both the referee of the law and the finder of fact. A jury trial in District Court uses a jury of six people (plus alternates) who must vote unanimously to convict or acquit. The election between bench and jury is made at the compliance and election hearing and can be changed by agreement before trial begins. In both settings the prosecution bears the burden of proving guilt beyond a reasonable doubt, and the defendant has no obligation to testify or to present any evidence.

A case resolved at the clerk-magistrate hearing stage can be closed in 30 to 60 days with no public record created. A case that proceeds through arraignment and pretrial conferences typically takes 6 to 18 months depending on the court’s docket and the complexity of the defense. OUI and domestic violence cases involving zero-tolerance prosecutorial policies tend to take longer. A case set for trial in District Court can take 12 to 24 months from arraignment to verdict. Individual court scheduling varies significantly, and the Boston Municipal Court generally moves faster than most Middlesex County District Courts.

A CORI entry is created at arraignment, the moment the judge calls your case, and it is created regardless of the ultimate outcome. Even a charge that is dismissed months later, or a not-guilty verdict at trial, leaves a CORI entry that remains visible to most employers, landlords, and licensing boards until it is sealed or expunged. The only way to avoid a CORI entry entirely is to resolve the case at the clerk-magistrate hearing stage, before arraignment. Once arraignment occurs, the entry exists and must be separately addressed through a sealing petition after the applicable waiting period.

Yes. The majority of Massachusetts criminal cases that do not resolve by plea are dismissed before trial. That happens through a successful Motion to Suppress that eliminates key evidence, a Motion to Dismiss based on a legal defect, agreement with the DA’s office at a pretrial conference, or completion of a pretrial probation or diversion program. See our case results for examples of charges dismissed at various stages. Dismissal after arraignment still leaves a CORI entry. The most complete resolution, with no public record and no disclosure obligation, is a clerk-magistrate hearing denial before arraignment ever occurs.

For licensed professionals, including physicians, attorneys, nurses, engineers, financial advisors, and others holding state-issued licenses, a Massachusetts criminal charge can trigger mandatory self-reporting obligations and independent licensing board proceedings before the criminal case is resolved. The Board of Registration in Medicine, the Board of Bar Overseers, the Division of Professional Licensure, and FINRA all have their own standards and timelines that operate independently of the criminal courts. A CWOF is treated as a conviction by most licensing boards regardless of its Massachusetts classification. Retaining a defense attorney before any contact with a licensing board is essential.

A criminal charge that proceeds to arraignment creates a CORI entry and may trigger a parallel university disciplinary proceeding through the Office of Student Conduct. The campus case runs at the same time as the criminal case and under a lower standard of proof, a preponderance of the evidence rather than proof beyond a reasonable doubt. A student can be suspended or expelled based on the campus proceeding even if the criminal charge is later dismissed. Statements made to university officials or Title IX investigators can also be provided to police and used in the criminal case. For university students, the two proceedings must be coordinated from the moment of the charge rather than treated as separate problems.

It depends on what the application asks and how the case ended. Under the Massachusetts ban the box law, M.G.L. c. 151B, § 4(9½), most employers cannot ask about criminal history before making a conditional offer of employment. If asked about criminal history after a conditional offer, a pending charge or an unsealed conviction must generally be disclosed. A charge resolved at the clerk-magistrate hearing stage, before any complaint issued, does not need to be disclosed because no criminal record was ever created. A sealed CORI record generally does not need to be disclosed to Massachusetts employers, and the DCJIS will respond to background checks by reporting that no record was found.

An OUI charge under M.G.L. c. 90, § 24 triggers two simultaneous processes, the criminal case and an administrative RMV license suspension under the implied consent law. A first-offense OUI carries up to 2.5 years in a House of Correction, a fine of $500 to $5,000, and a one-year license suspension. The RMV suspension is separate from any criminal sentence, and a dismissal of the criminal case does not automatically restore the license. Defense examines the constitutionality of the stop, the administration of field sobriety tests, and the calibration records of the Draeger Alcotest 9510 breathalyzer. For more, read the Massachusetts OUI FAQs and Why a Failed Breathalyzer Does Not Equal an OUI Conviction.

The Suffolk, Middlesex, and Norfolk County District Attorney’s Offices all maintain no-drop policies on domestic violence charges under M.G.L. c. 265, § 13M. The case proceeds on police observations, 911 recordings, photographs, and medical records, independent of the complainant’s wishes. A 209A abuse prevention order issued at arraignment creates immediate stay-away conditions, firearms surrender requirements, and housing restrictions that take effect before the criminal case is resolved. A conviction triggers a federal firearms disability under the Lautenberg Amendment and mandatory professional license reporting. For more, see the Massachusetts Domestic Violence FAQs and our post on Defending 209A and 258E Violations.

Massachusetts drug charges under M.G.L. c. 94C range from simple possession, a misdemeanor for a first offense under § 34, to trafficking with mandatory minimum sentences under § 32E. Adult possession of up to one ounce of marijuana is not a criminal offense. Drug charges within 300 feet of a school or park under M.G.L. c. 94C, § 32J trigger mandatory minimum sentences. For international students and visa holders, a drug conviction under M.G.L. c. 94C is a federal controlled substance offense with potentially permanent immigration consequences regardless of the Massachusetts penalty. Defense examines the constitutionality of the stop and search, the chain of custody of seized evidence, and the laboratory analysis.

Shoplifting under M.G.L. c. 266, § 30A is a misdemeanor for a first offense involving merchandise under $250. Larceny under M.G.L. c. 266, § 30 is a felony when the value exceeds $1,200. A conviction for any crime of dishonesty, including shoplifting, creates a CORI entry that can affect employment background checks, professional licensing, and security clearance applications for years. For these cases the clerk-magistrate hearing, which prevents any CORI entry, is the most important intervention. Learn more on our page about Shoplifting and Larceny Defense in Massachusetts.