Greater Boston & Massachusetts Criminal Case FAQs

Retain a defense attorney before the first court appearance and before making a statement to police, an employer, a university, or a licensing board. After an arrest, a person may invoke the right to remain silent by saying, “I am invoking my right to remain silent. I want to speak with a lawyer,” and then stop speaking. The court may use a mailed summons to schedule either a clerk-magistrate hearing or an arraignment, two proceedings with different consequences. Attorney Serpa discusses the immediate decisions in What to Do in the First 24 Hours After a Massachusetts Arrest.

No. A lawyer is not legally required, and the court does not appoint counsel at this precomplaint stage. Representation can nevertheless be important. At a clerk-magistrate hearing under G.L. c. 218, § 35A, the clerk-magistrate decides whether an application establishes probable cause and may decline to issue a complaint in an appropriate case. Possible results are denial for lack of probable cause, discretionary denial, abeyance for a defined period, or issuance of a complaint. Counsel analyzes the proposed offense and evidence, decides with the client whether the client should speak, and presents the case for denial. The clerk-magistrate controls questioning; no party has a right to cross-examine an officer, complainant, or other witness.

If the clerk-magistrate denies the application, no complaint, arraignment, or CORI entry results from it. In Attorney Serpa’s experience, denial is the practical final result in virtually every ordinary matter. Renewed applications are extraordinarily rare and arise primarily after repeat conduct, although a denial is not technically a final judgment.

They are different proceedings at different stages. A notice for a clerk-magistrate hearing ordinarily means someone has applied for a criminal complaint and no complaint has yet issued. Ordinary hearings are presumptively private. If the clerk-magistrate denies the application, no complaint, arraignment, or CORI entry results from it, although a police report or arrest record may exist independently. A summons to arraignment means a complaint has issued and the person must appear on it. At arraignment, the court records the case in CORI. Retaining counsel before either date matters: counsel can seek denial at the first proceeding and prepare for bail or a possible prearraignment resolution at the second.

After a lawful arrest, police may search the person and the area within the person’s immediate control, subject to the limits of the search-incident-to-arrest doctrine. Police ordinarily need a warrant to search the digital contents of a seized phone. Riley v. California, 573 U.S. 373 (2014). A person should not provide a passcode or consent to a device search without legal advice. The scope and validity of any consent depend on the circumstances. Attorney Serpa addresses the governing rules on the illegal searches and seizures page.

Under 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.

At an arraignment, the court identifies the charges, the defendant ordinarily enters a not-guilty plea, and the judge addresses bail and conditions of release. The court also records the case in CORI. If the prosecution is later dismissed or the defendant is acquitted, the court does not automatically remove that entry. Visibility depends on the disposition, the requester, the access level, and whether the record is later sealed or expunged. If the clerk-magistrate denies a complaint application, no CORI entry results from that application. When a complaint has already issued, the court may also approve a prearraignment resolution that avoids the entry if procedure permits it.

A not-guilty plea is ordinarily entered at arraignment because it preserves the ability to review discovery, file motions, negotiate with the prosecution, seek dismissal, or proceed to trial. It is not an admission and does not prevent a later negotiated disposition. Another plea before counsel has reviewed the evidence, the governing law, and the client’s collateral consequences is generally premature. Counsel can advise the defendant and enter the appropriate plea.

A dangerousness hearing under 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 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 that hearing, it is scheduled for either a motion hearing or trial. Cases can also be continued by agreement on compliance and election 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.

Counsel uses a motion to dismiss to ask a judge to end a prosecution because of a legal defect. Potential grounds include an expired statute of limitations, a speedy-trial violation under Mass. R. Crim. P. 36, lack of probable cause in the complaint materials, or failure to provide notice and a hearing required by G.L. c. 218, § 35A. The available remedy and whether dismissal is with or without prejudice depend on the defect. When a complaint issues without a required Section 35A hearing, counsel may seek dismissal. Attorney Serpa explains that precomplaint right on the Massachusetts clerk-magistrate hearing page.

After a defendant admits to sufficient facts, a judge may order a continuance without a finding (CWOF). The judge does not enter a guilty finding but continues the case on stated conditions. If the person completes those conditions, the court ordinarily dismisses the charge. The court includes the disposition in CORI. Massachusetts does not enter a criminal conviction through the CWOF itself, but another statute, licensing authority, employer, or federal agency may treat the admission and disposition differently. Federal immigration law can treat a CWOF as a conviction, and professional reporting forms vary. The consequences should be reviewed before a person accepts the disposition.

A judge may place a case on pretrial probation under G.L. c. 276, § 87 with the defendant’s consent and without a guilty finding or admission to sufficient facts. The court sets conditions for a defined period. If the defendant completes them, the court ordinarily dismisses the charge under the terms of the disposition; if not, the prosecution resumes. Pretrial probation is not available in every case, and the prosecution’s position, the charge, the court, and any statutory restriction can matter. Counsel must still assess CORI, licensing, immigration, school, and employment consequences. Readers can compare the dispositions on the CWOF, pretrial probation, and diversion page.

When a judge or prosecutor dismisses a charge, the prosecution ends. A judge may dismiss a case after allowing a motion, the prosecution may dismiss it, or dismissal may follow successful completion of an agreed disposition. A denied clerk-magistrate application is not a dismissal because no complaint issued. After arraignment, CORI continues to show the dismissed case, and later visibility depends on access and sealing rules. A dismissal with prejudice generally prevents the Commonwealth from refiling the same prosecution unless the ruling is reversed. A dismissal without prejudice can permit refiling in appropriate circumstances. If the parties resolve an issued complaint before arraignment, the court may avoid creating a CORI entry when procedure permits it.

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.

The court records a case in CORI at arraignment. If the prosecution is later dismissed or the defendant is acquitted, CORI continues to include the entry. What a particular employer, landlord, licensing board, or other requester can see depends on the disposition, the requester, the access level, and whether the record is later sealed or expunged. If the clerk-magistrate denies a complaint application, no CORI entry results from it. When a complaint has already issued, the court may also approve a prearraignment resolution that avoids the entry. Neither result erases an independent police report or arrest record or answers every school, licensing, immigration, or federal disclosure question.

Yes. Prosecutors and judges can end a criminal case before trial through dismissal, and counsel can seek relief through a motion, a dismissal rule, or an appropriate pretrial disposition. Representative outcomes appear in the firm’s criminal dismissal results without promising the same result in another case. After arraignment, CORI continues to show a dismissed case. If the clerk-magistrate denies an application before a complaint issues, no complaint, arraignment, or CORI entry results from that application. A police report or arrest record may still exist, and any disclosure duty depends on the exact question.

A license holder may have a reporting duty after a charge, admission, continuance without a finding, conviction, or another event. The duty depends on the profession, the board, the form, the triggering event, and the wording of the question. Many licensing forms require disclosure of a CWOF even though no guilty finding enters. A licensing proceeding also follows its own standards and timetable. Before contacting a board, the license holder and counsel should review the exact question and the criminal-case strategy. Attorney Serpa addresses those separate issues on the professional-license consequences page.

A school may begin a disciplinary process after a criminal allegation, depending on the school’s current handbook and its definition of a reportable event. The applicable standard of proof, hearing process, and available rights vary by institution. Statements made in a campus or Title IX process may also affect the criminal case, so the two matters should be coordinated from the start. Attorney Serpa addresses that coordination on the student criminal defense page. An F-1 or J-1 student may also need separate immigration advice based on the exact status, allegation, record, travel plans, and federal process.

It depends on the exact question, the employer, the timing, the disposition, and whether the record is sealed. Massachusetts law restricts when and how many employers may ask about criminal records. If the clerk-magistrate denies a complaint application, no complaint, arraignment, or CORI entry results from it, but a police report or arrest record may still exist. The absence of CORI therefore does not answer every disclosure question. Attorney Serpa explains the effect of record remedies on the sealing and expungement page. Counsel should review the precise wording before an applicant answers.

An OUI charge under 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 commonly continue domestic violence cases based on police observations, 911 recordings, photographs, medical records, and other evidence even when the complainant no longer wants the prosecution to continue. A court may also issue a 209A abuse prevention order with stay-away, housing, and firearms conditions before the criminal case is resolved. Federal law may prohibit firearm possession after a qualifying conviction. Any professional-license reporting duty depends on the profession, board, form, and triggering event. Attorney Serpa addresses related questions in the Massachusetts Domestic Violence FAQs and the post on 209A and 258E order-violation charges.

Massachusetts drug charges under 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 two ounces of marijuana is not a criminal offense. G.L. c. 94C, § 32J adds a two-year mandatory minimum for a distribution or trafficking offense within 300 feet of school property between 5:00 a.m. and midnight, and only where the Commonwealth also proves violence or a firearm, direction of another person’s drug felony, or a violation of § 32F or § 32K. For international students and visa holders, a drug conviction under 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 G.L. c. 266, § 30A is a misdemeanor for a first offense involving merchandise valued below $250. Larceny under G.L. c. 266, § 30 is a felony when the property value exceeds $1,200. If a case reaches arraignment, the court records it in CORI, and a conviction can affect employment, professional licensing, and security-clearance decisions. Many shoplifting and larceny matters begin with a clerk-magistrate hearing. If the clerk-magistrate denies the application, no complaint, arraignment, or CORI entry results from it. Attorney Serpa discusses the offenses and defenses on the Shoplifting and Larceny Defense page.