Greater Boston & Massachusetts Criminal Case FAQs

Before you ever step foot in a courtroom for an arraignment, criminal charges must be formally initiated. In Massachusetts, this happens in one of two ways:
Arrest: You can be arrested If the police witness a crime or have probable cause to believe a felony occurred. You can also be arrested if the police respond to certain misdemeanor incidents (like OUI/DUI or domestic violence). You will be booked and held until your bail is posted, personal recognizance is set or until your arraignment on the next business day.
Summons & Complaint: If you are not arrested, the police may apply for a criminal complaint. You will receive a summons in the mail ordering you to appear in court on a specific date.
What is a Clerk Magistrate’s Hearing?
If you are summoned for a misdemeanor and were not arrested, you are often entitled to a Clerk Magistrate’s Hearing(also known as a "Show Cause" hearing) before formal charges are issued. This is a critical opportunity for your defense attorney to argue that there is not enough probable cause to issue the complaint, potentially stopping the charges before they ever go on your public criminal record.

Your arraignment is your first official appearance before a judge in a District or Municipal Court. This is a formal reading of the charges against you.
What Happens at an Arraignment?
Entry of Plea: A plea of "Not Guilty" is automatically entered on your behalf.
Appointment of Counsel: If you cannot afford a private criminal defense attorney, the court will determine if you qualify for a court-appointed lawyer or a public defender.
Bail and Conditions of Release: The judge will decide whether you can be released on personal recognizance (your promise to return) or if cash bail is required to ensure your appearance. The judge may also impose conditions of release, such as "stay away" orders, drug testing, or GPS monitoring.
Dangerousness Hearing: In certain cases (like domestic violence, violent felonies or even repeat offense DUI/OUIs), the prosecution may move for a "58A" Dangerousness Hearing to hold you without bail for up to 120 days.
Note: Once you are arraigned, the charge appears on your CORI (Criminal Offender Record Information).

Typically scheduled 4 to 6 weeks after arraignment, the Pretrial Conference (PTC) is an administrative date where your defense attorney and the Assistant District Attorney (ADA) meet to exchange information.
Key Elements of the Pretrial Phase:
Discovery: The prosecution must turn over all evidence they plan to use against you. This includes police reports, witness statements, 911 audio, body-camera footage, and breathalyzer results.
Negotiations: The ADA and your defense lawyer will begin discussing potential resolutions to the case.
Pretrial Conference Report (PTCR): Both sides will sign a document detailing what discovery has been exchanged, what is still missing, and the next steps for the case.

If the case is not resolved at the Pretrial Conference, it moves further down the calendar.
Compliance & Election (C&E): At this hearing, the court checks that all discovery has been handed over (Compliance) and asks the defense whether they are electing a jury trial or a bench trial (Election).
Motions to Suppress or Dismiss: During the pretrial phase, your defense attorney may file legal motions. For example, a Motion to Suppress asks the judge to throw out evidence obtained through an illegal search, an illegal interrogation or an unconstitutional traffic stop. If successful, this can gut the prosecution's case and lead to a dismissal.

Most criminal cases in Massachusetts District and Municipal Courts do not go to trial; they are resolved through negotiated plea agreements or dismissals.
Taking a Plea Deal (Tender of Plea)
If the ADA offers a favorable deal, or your attorney asks the judge to accept a specific sentence, you can change your plea. Common resolutions in MA include:
Pretrial Probation: The case is placed on track for dismissal without you ever admitting guilt, provided you follow court rules for a set period.
CWOF (Continuance Without a Finding): You admit that the prosecution has enough evidence to convict you, but the judge does not find you guilty. Instead, your case is continued. If you successfully complete probation, the case is dismissed.
Guilty Plea: You admit guilt and receive a sentence, which could range from fines and probation to committed time in a county house of correction (up to 2.5 years for District Court offenses).

If you maintain your innocence or refuse the plea offers, your case will proceed to trial. You have two options in Massachusetts District/Municipal Courts:
Bench Trial: A trial decided solely by a judge, who acts as both the referee of the law and the finder of fact.
Jury Trial: A trial where a jury of six people (plus alternates) hears the evidence and must vote unanimously to convict or acquit you.
Regardless of the trial type, the prosecution bears the burden of proving your guilt beyond a reasonable doubt.