Boston Municipal Court Criminal Defense Attorney

A person arrested or summoned to court in Boston faces a criminal case in one of the eight divisions of the Boston Municipal Court, known as the BMC. Each division hears the cases that arise in its own neighborhoods. Every division is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. None of the eight courthouses has public parking. Street parking and nearby paid lots and garages are open to the public. The MBTA serves every courthouse.

The BMC is its own trial court department under G.L. c. 218, § 51A, separate from the District Court. The BMC’s eight divisions hear nearly every criminal case that arises in the City of Boston.

The Suffolk County District Attorney’s Office prosecutes the cases in all eight divisions. The Commonwealth prosecutes a felony beyond the BMC’s final jurisdiction in the Suffolk Superior Court, after a grand jury indicts the defendant. A BMC judge who finds probable cause at a probable cause hearing binds the case over to the Superior Court, where the Commonwealth must still obtain an indictment unless the defendant waives indictment.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He has represented clients in every BMC division at arraignments, clerk-magistrate hearings, motion hearings, and jury trials. The firm’s stage-by-stage guide to a BMC criminal case explains each step from the first hearing through trial and sentencing. Call 617.936.0201.

The rules that govern when a judge may dismiss a criminal case are the same in every Massachusetts court. The firm’s page on who controls a dismissal explains the rules for dismissing a criminal case.

The Eight Divisions of the Boston Municipal Court

About thirty judges sit in the eight BMC divisions. Each division has its own judges, its own clerk-magistrate’s office, and its own probation department. The division that covers the neighborhood where the police say the offense happened hears the case, even when the defendant lives in another part of the city.

The eight divisions, with their courthouses, phone and fax numbers, and clerk emails, are set out below.

• BMC Central, Edward W. Brooke Courthouse, 24 New Chardon Street, Boston, MA 02114; clerk 617.788.8600, probation 617.788.8426, clerk’s fax 617.788.8465, probation fax 617.788.8432. BMC Central serves Downtown Boston, Chinatown, the North End, the West End, Beacon Hill, and the South End through Massachusetts Avenue. BMC Central hears many of the city’s downtown nightlife, fake ID, and college student cases. See the firm’s case notes in BMC Central: Fake IDs, the Nightlife Docket, and Downtown Boston Defense.
• BMC East Boston, 37 Meridian Street, East Boston, MA 02128; clerk 617.569.7550, probation 617.569.7553, clerk’s fax 617.561.4988, probation fax 617.569.8458, email bmceastboston@jud.state.ma.us. BMC East Boston serves East Boston, Winthrop, and Logan International Airport. See the firm’s case notes in BMC East Boston: The Logan Airport Docket and a Neighborhood Court.
• BMC South Boston, 535 East Broadway, South Boston, MA 02127; clerk 617.268.9292, probation 617.268.0234, clerk’s fax 617.268.7321, probation fax 617.464.3804, email bmcsouthboston@jud.state.ma.us. BMC South Boston serves South Boston and the Seaport District. See the firm’s case notes in BMC South Boston: The Seaport Docket Meets the Old Neighborhood.
• BMC Dorchester, 510 Washington Street, Dorchester, MA 02124; clerk and probation 617.288.9500, clerk’s fax 617.436.8250, probation fax 617.288.7430, email bmcdorchester@jud.state.ma.us. BMC Dorchester serves Dorchester. Many defendants in BMC Dorchester are not United States citizens. Federal immigration law imposes its own consequences on a guilty plea or an admission to sufficient facts, so a noncitizen defendant should have an immigration lawyer review any plea before entering it. See the firm’s case notes in BMC Dorchester: A High-Volume Division, Immigration Stakes, and Firearms Defense.
• BMC Roxbury, 85 Warren Street, Roxbury, MA 02119; clerk and probation 617.427.7000, clerk’s fax 617.541.0286, probation fax 617.442.2786, email bmcroxbury@jud.state.ma.us. BMC Roxbury serves Roxbury and the Fenway and Kenmore area, including Fenway Park and the Fenway colleges. BMC Roxbury hears many firearms and domestic violence cases. See the firm’s case notes in BMC Roxbury: Defense in One of Boston’s Busiest Courtrooms.
• BMC West Roxbury, 445 Arborway, Jamaica Plain, MA 02130; clerk and probation 617.971.1200, clerk’s fax 617.983.0243, probation fax 617.524.6142, email bmcwestroxbury@jud.state.ma.us. BMC West Roxbury serves West Roxbury, Roslindale, Hyde Park, Jamaica Plain, and parts of Mattapan and Mission Hill. Common cases in BMC West Roxbury include OUI charges from stops on the parkways, domestic violence charges, and charges against people with no prior record. See the firm’s case notes in BMC West Roxbury: Domestic Cases, Parkway OUI, and Record Protection.
• BMC Brighton, 52 Academy Hill Road, Brighton, MA 02135; clerk and probation 617.782.6540, clerk’s fax 617.254.2127, probation fax 617.789.5345, email bmcbrighton@jud.state.ma.us. BMC Brighton serves Brighton and Allston. BMC Brighton hears many cases involving Boston University and Boston College students, including fake ID, alcohol, and disorderly conduct charges from Allston house parties and the bars on Harvard Avenue. See the firm’s case notes in BMC Brighton: Fake IDs, Student Cases, and the Allston-Brighton Docket.
• BMC Charlestown, 3 City Square, Charlestown, MA 02129; clerk 617.242.5400, probation 617.242.1230, clerk’s fax 617.242.1677, probation fax 617.242.2117, email bmccharlestown@jud.state.ma.us. BMC Charlestown serves Charlestown. BMC Charlestown is a small BMC division. See the firm’s case notes in BMC Charlestown: A Small Division Where Preparation Shows.

Two nearby communities are outside the territory of the Boston Municipal Court. A criminal case that arises in Revere is heard in the Chelsea District Court, and a case that arises in Brookline is heard in the Brookline District Court. Attorney Serpa defends cases in the Chelsea District Court and the Brookline District Court.

What the Boston Municipal Court Can and Cannot Decide

The Boston Municipal Court hears every misdemeanor except libel and every felony punishable by no more than five years in state prison. The BMC also hears the more serious felonies that G.L. c. 218, § 26 names, such as assault and battery with a dangerous weapon and strangulation. The Superior Court has jurisdiction over the same offenses, so the Commonwealth may choose to indict any of them in the Superior Court.

The Commonwealth must prosecute any other felony, such as armed robbery, in the Suffolk Superior Court after a grand jury indictment, unless the defendant waives indictment. Many felony cases that the BMC cannot try begin with an arrest and an arraignment in the BMC.

At the arraignment, a BMC judge releases the defendant on personal recognizance or sets bail, and may impose conditions of release. The judge may instead hold a dangerousness hearing under G.L. c. 276, § 58A. The Commonwealth then either seeks an indictment from a Suffolk County grand jury or reduces the charge to an offense that the BMC can hear.

A BMC judge may sentence a defendant to up to two and one-half years in the house of correction on a single charge. A BMC judge may impose consecutive sentences on separate charges, which can add up to more than two and one-half years. A BMC judge cannot sentence a defendant to state prison. G.L. c. 218, § 27. A defendant who chooses a jury trial in the BMC is tried before a jury of six. G.L. c. 218, § 26A.

The Clerk-Magistrate Hearing

Many BMC cases begin with an application for a criminal complaint and a hearing before a clerk-magistrate. The hearing takes place before any complaint issues and before any arraignment. A person who has not been arrested has a right under G.L. c. 218, § 35A to notice and a hearing on any misdemeanor application, and on a felony application from a police officer who requests a hearing.

A clerk-magistrate may also choose to hold a hearing on a felony application from a private citizen. The right to a hearing does not apply when there is an imminent threat of bodily injury, of a crime, or of flight from Massachusetts. The clerk-magistrate then decides whether the application shows probable cause.

A complaint application, a hearing notice, and a hearing do not create a CORI entry. No complaint issues, no arraignment occurs, and no CORI entry results from an application that the clerk-magistrate denies. The court schedules an arraignment after a clerk-magistrate authorizes a complaint. The guide to what happens at a clerk-magistrate hearing explains the proceeding from notice through the possible outcomes.

The law allows a clerk-magistrate in some cases to decline to issue a complaint even when the application shows probable cause. The separate page on representation at a Massachusetts clerk-magistrate hearing explains the work of counsel before and during the hearing. Counsel may review the application and the police reports, argue that the application fails to show probable cause for each element of the offense, present witnesses and documents, and give the clerk-magistrate reasons the law recognizes for denying the complaint. Attorney Serpa has appeared before clerk-magistrates in all eight BMC divisions.

Students, Universities, and Boston Nightlife

Many BMC cases involve college and university students. The BMC division that hears a student’s case depends on where the incident happened. A student charged near the bars of the Theater District or Faneuil Hall appears in BMC Central. A student charged near the Fenway colleges or the Lansdowne Street clubs appears in BMC Roxbury. A student charged at an Allston house party or a bar on Harvard Avenue appears in BMC Brighton. Student cases in the BMC often involve fake ID charges, alcohol possession, disorderly conduct, or drug charges.

A typical fake ID case begins with a doorman who takes a borrowed or altered license from a student and hands the license to a police officer on a detail. Many disorderly conduct and resisting arrest charges begin with an argument on a crowded sidewalk at closing time. Police often apply for a complaint in fake ID and disorderly conduct cases without making an arrest. The student then receives notice of a clerk-magistrate hearing. Many fake ID and disorderly conduct cases end at the clerk-magistrate hearing, before any complaint issues.

Attorney Serpa works to end each student case at the clerk-magistrate hearing whenever the law allows. A fake ID or disorderly conduct case that ends at the clerk-magistrate hearing leaves no CORI entry. A bar application or a medical school application may still ask about any arrest, citation, or charge, including one that ended at a clerk-magistrate hearing.

A student who is arraigned may still avoid a conviction through a continuance without a finding, pretrial probation, or diversion. Pretrial probation and many diversion programs require no admission. A continuance without a finding usually requires an admission to sufficient facts. Federal immigration law imposes its own consequences on a continuance without a finding. A student on an F-1 or J-1 visa therefore needs advice from an immigration lawyer before admitting to sufficient facts. The Student Criminal Defense FAQ answers common questions.

A university may open its own disciplinary or Title IX proceeding on the same incident while the criminal case is pending. A statement that a student makes in the campus proceeding may become evidence in the criminal case. A graduate program, an employer, or a professional licensing board may later ask about the case on an application or in a background check.

International students, exchange visitors, researchers, workers, and other people who come to Massachusetts temporarily may drive here on a valid license from their home state or country for the whole stay. The permission to drive on an out-of-state or foreign license lasts as long as the driver keeps a permanent home elsewhere and intends to return there. G.L. c. 90, § 10.

A visiting driver must carry the license while driving. A driver whose license is not printed in English must also carry an international driving permit or another qualifying translation document. A student who moves to Massachusetts permanently or for an indefinite period must obtain a Massachusetts driver’s license before driving. Immigration status, campus housing, school enrollment, or private employment does not by itself establish a permanent move.

Police often charge a student with unlicensed operation after learning that the student lives or works in Boston. Living or working in Massachusetts does not by itself make a driver a Massachusetts resident under the motor vehicle laws. Commonwealth v. Chown, 459 Mass. 756, 763 to 767 (2011).

A driver cited for a misdemeanor motor vehicle offense, with no felony charge and no arrest, has four days from the date of the violation to ask the clerk-magistrate in writing for a hearing before a criminal complaint issues. G.L. c. 90C, § 3(B)(2). Counsel may present the complete home, school, employment, license, vehicle, and travel records at the clerk-magistrate hearing. The page on International Students, Visitors, and Massachusetts Driver’s Licenses explains the foreign-license rules. The international-student driver’s-license FAQs answer common questions.

Common Charges in the BMC

OUI (G.L. c. 90, § 24)

Boston Police and the Massachusetts State Police make OUI arrests in every BMC division. Many Boston OUI arrests take place on the Southeast Expressway, the Massachusetts Turnpike, Route 1, and the major roads through the city. A judge may not place an OUI case on file or continue it without a finding, except through a disposition under G.L. c. 90, § 24D. G.L. c. 90, § 24(1)(a)(1). A defendant convicted of a first offense faces up to two and one-half years in the house of correction, a fine of $500 to $5,000, or both.

A defendant who receives a § 24D disposition on a first offense generally loses the license for 45 to 90 days. A defendant convicted of a first offense without a § 24D disposition loses the license for one year. The Registry of Motor Vehicles separately suspends the license of a driver who refuses a breath test or whose breath test final analysis is .08 or more. Counsel examines the stop, the field sobriety tests, and the calibration records of the Draeger Alcotest 9510. The firm’s page on Massachusetts OUI License Suspensions explains each license consequence.

Domestic Violence (G.L. c. 265, § 13M and G.L. c. 265, § 13A)

The Suffolk County District Attorney’s office often prosecutes a domestic assault charge even when the alleged victim does not want the case to go forward. Boston Police officers write detailed reports on domestic calls and seek complaints based on what the officers saw, whether or not the alleged victim cooperates.

Each BMC division has its own judges and its own practices in domestic violence cases. Federal law prohibits a person convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition. 18 U.S.C. § 922(g)(9). A licensed professional may also have to report the case to a licensing board, depending on the profession, the board’s rules, and the disposition.

The Commonwealth may also charge strangulation or suffocation under G.L. c. 265, § 15D, when the allegation is that the defendant applied substantial pressure to the throat or neck, or blocked the nose or mouth. The statute does not require a visible injury.

209A Restraining Orders (Abuse Prevention Orders Under G.L. c. 209A)

The BMC hears many 209A restraining order cases. Parties in Boston often live in the same building, on the same floor, or on opposite sides of a shared wall. A judge who orders a defendant to stay away from the plaintiff’s residence in a shared building may effectively bar the defendant from the defendant’s own home. Counsel at a contested BMC hearing addresses the history between the parties, any related Housing Court or Probate and Family Court case, and the specific conduct that the plaintiff alleges as abuse.

A defendant convicted of violating a 209A restraining order under G.L. c. 209A, § 7 faces up to two and one-half years in the house of correction, a fine of up to $5,000, or both. The judge must also order the defendant to complete a certified intimate partner abuse education program, unless the judge makes written findings of good cause or the program finds the defendant unsuitable.

Contact that the plaintiff starts is not a defense to a charge of violating the order. The pages on Violation of a Massachusetts 209A Restraining Order and the 209A Restraining Order and 258E Harassment Prevention Order Violation FAQs explain the violation charge.

A defendant charged with a new crime while on release in another case faces a revocation hearing under G.L. c. 276, § 58B. A judge who finds probable cause for the new crime must revoke the release if the judge also finds that no condition of release will protect the safety of others or that the defendant is unlikely to follow the conditions. The judge then orders the defendant held for up to 90 days.

258E Harassment Prevention Orders (G.L. c. 258E)

Each BMC division hears 258E harassment prevention order cases from its own neighborhoods. Many 258E harassment prevention order cases in BMC Brighton, BMC Central, and BMC Roxbury involve students. Cases in BMC Central may also involve coworkers or downtown neighbors. Cases in BMC Dorchester, BMC Roxbury, and BMC South Boston often involve neighbors in a residential building. Attorney Serpa represents plaintiffs and defendants in 258E harassment prevention order cases in all eight BMC divisions.

A judge may issue a 258E harassment prevention order based on harassment, which requires proof that the defendant committed three or more willful and malicious acts aimed at the plaintiff. G.L. c. 258E, § 1. A malicious act is one motivated by cruelty, hostility, or revenge.

The defendant must have committed each act with the intent to cause fear, intimidation, abuse, or damage to property. The acts together must have caused fear, intimidation, abuse, or damage to property. Fear means fear of physical harm or fear of physical damage to property. Speech counts only if the speech is a true threat or fighting words. O’Brien v. Borowski, 461 Mass. 415 (2012).

Many plaintiffs who file applications for 258E harassment prevention orders in the BMC describe a real dispute but fewer than three acts that meet the O’Brien standard. A defendant convicted of violating a 258E harassment prevention order under G.L. c. 258E, § 9 faces up to two and one-half years in the house of correction, a fine of up to $5,000, or both. The firm’s article When Does Unwanted Contact Become Harassment? explains the standard for a 258E harassment prevention order in more detail.

Drug Offenses (G.L. c. 94C)

Every BMC division hears drug possession and distribution cases. First-offense possession under G.L. c. 94C, § 34 is a misdemeanor. A defendant convicted of a first offense of distributing a Class A substance, such as heroin or fentanyl, or a Class B substance, such as cocaine, faces no mandatory minimum sentence. A defendant convicted of a second offense of distributing a Class A substance faces a mandatory minimum sentence of three and one-half years. A defendant convicted of trafficking under § 32E faces a mandatory minimum sentence at every weight level.

A defendant convicted under § 32J of distribution or trafficking within 300 feet of a school between 5:00 a.m. and midnight, or within 100 feet of a public park or playground, faces a mandatory minimum sentence of two years.

The Commonwealth must also prove one of three facts. The first is that the defendant used violence, threatened violence, or possessed a firearm. The second is that the defendant directed another person who committed a drug felony. The third is that the defendant distributed drugs to a minor or used a minor to distribute drugs under § 32F or § 32K. Counsel examines the stop, the search, and the chain of custody of the substance.

Firearms (G.L. c. 269, § 10)

A defendant convicted of carrying a firearm without a license under G.L. c. 269, § 10(a) faces a sentence of at least 18 months in jail or prison. The judge cannot suspend the 18-month minimum sentence, continue the case without a finding, or place the case on file.

A defendant convicted of possessing a firearm or ammunition without a firearm identification card under § 10(h) faces no minimum sentence. The Commonwealth often asks the judge to hold a defendant charged under § 10(a) without bail as dangerous under G.L. c. 276, § 58A. Attorney Serpa prepares for the dangerousness hearing the same way he prepares for a trial.

A regulation of the Executive Office of Public Safety and Security required the owner of a firearm without a valid serial number to serialize the firearm by October 2, 2026, unless an exemption applies. 501 CMR 20.08(1). The Executive Office’s firearm modernization page states that firearms must be serialized and registered by October 28, 2026. The firm’s article on the Massachusetts Firearms Registration Deadline explains both requirements.

Shoplifting and Larceny (G.L. c. 266, §§ 30, 30A)

Many shoplifting and larceny cases begin at stores in downtown Boston, the Seaport, and the neighborhood shopping districts. A defendant convicted of a first shoplifting offense under G.L. c. 266, § 30A, involving goods worth less than $250, faces a fine of up to $250. A defendant convicted of a second offense involving goods worth less than $250 faces a fine of $100 to $500. A defendant convicted of a third or later offense involving goods worth less than $250 faces a fine of up to $500, up to two years in jail, or both. A defendant convicted of shoplifting goods worth $250 or more faces a fine of up to $1,000, up to two and one-half years in the house of correction, or both. Larceny of property worth more than $1,200 is a felony under G.L. c. 266, § 30.

Motor Vehicle Offenses (G.L. c. 90C, § 3)

A driver cited for a misdemeanor motor vehicle offense, with no felony charge and no arrest, who wants a hearing before a complaint issues must ask the clerk-magistrate in writing within four days of the violation. G.L. c. 90C, § 3(B)(2). The statute requires a hearing only when the driver makes a timely written request. The firm’s article The 4-Day Deadline explains the deadline in more detail.

Most of the work of the defense in the BMC happens outside the courtroom. Counsel reads the discovery closely, identifies what the Commonwealth cannot prove, and decides which motions to file. Counsel also looks for a disposition that protects the client’s record.

Professional License and Immigration Consequences

Many BMC defendants are licensed professionals who work in Boston’s hospitals, law firms, financial firms, and universities. A licensed professional, such as a physician, nurse, attorney, or financial advisor, may have to report a criminal charge to a licensing board. The board may open its own investigation before the criminal case ends. Attorney Serpa therefore works to end a licensed professional’s case at the clerk-magistrate hearing or by dismissal before trial, rather than by a plea.

Federal immigration law imposes its own consequences on a conviction or a continuance without a finding in the BMC. A noncitizen or visa holder should have an immigration lawyer review any proposed disposition before accepting it.

A noncitizen whose BMC case ends without a conviction may still have to disclose the arrest on an immigration application. An immigration officer may also ask at an interview about conduct described in the police report or the complaint application. An immigration lawyer should review the exact question, the client’s immigration status, and the BMC court record before the client files the application or sits for the interview. The firm’s page on immigration consequences explains the risks in more detail.

Chapter 163 and Noncitizen Defendants in the Boston Municipal Court

In Chapter 163 of the Acts of 2026, the Legislature changed five Massachusetts rules that apply to a noncitizen charged in the BMC or to a noncitizen crime victim who requests a T or U visa certification. None of the five changes alters federal immigration law.

1. Civil arrests at the courthouse. Beginning November 3, 2026, G.L. c. 221D prohibits a civil arrest inside a Massachusetts courtroom. An officer may make a civil arrest elsewhere in the courthouse or on its grounds only after showing a judicial warrant or order to a judge sitting in that courthouse for prompt review. An ICE administrative warrant, removal warrant, notice to appear, or civil detainer is not a judicial warrant. In March 2025, ICE agents arrested a defendant outside the Edward W. Brooke Courthouse during his Boston Municipal Court trial. Serpa Law Office describes the Commonwealth’s appeal of the later dismissal of the defendant’s case, and two related appeals, in a post on ICE detention of defendants with open criminal cases.
2. What officers may ask about status. G.L. c. 147, § 64 provides that immigration or citizenship status is directly material only when the status is necessary to establish an element of a Massachusetts crime. Status is not directly material to credibility, to cooperation, or to general information gathering.
3. A final order of removal at a bail hearing. A judge setting bail under G.L. c. 276, § 58 must take into account a final order of removal, meaning a final order of deportation, as a factor in assessing the risk of flight. The judge takes the removal order into account only when every statutory condition is met, including that the alleged acts involve a felony under Massachusetts law and that the order is final as defined in 8 C.F.R. § 1241.1.
4. Notice of counsel at intake. Beginning November 3, 2026, G.L. c. 127, § 87B requires state and county correctional facilities, houses of correction, and prerelease centers to give each detained person a written notice at intake. The notice must be in the person’s primary language and must state the right to counsel and the right to decline interviews by state or federal law enforcement and consular officials. The § 87B notice requirement does not apply to courthouses.
5. T and U visa certifications. The Legislature replaced G.L. c. 258F, effective November 3, 2026. The new chapter requires a district attorney’s office, police department, or other certifying agency to decide a crime victim’s certification request within 45 days. The deadline is 14 business days when the applicant, counsel, or advocate certifies the applicant is in removal proceedings, faces an immigration court hearing within 45 days, or has a qualifying derivative T visa beneficiary aging out within 45 days. The agency may not require that anyone was charged or convicted.

Chapter 163 does not change the consequences that federal immigration law imposes on a conviction, an admission to sufficient facts, or a continuance without a finding. Federal immigration law still imposes its consequences based on the disposition of the BMC case.

A criminal record often causes a BMC defendant more harm than the sentence. An employer, a landlord, a licensing board, or an immigration officer may learn of the case years later through a background check, even when the case ended without a conviction. Attorney Serpa reviews the consequences of a criminal record with each client before any plea.

The Massachusetts Criminal Court FAQs, the Clerk-Magistrate Hearing FAQ, the firm’s guide to Sealing and Expunging a Criminal Record, and the article What to Do After an Arrest answer more questions. The firm’s guide to what happens at the Boston Municipal Court explains each stage of a BMC case, from the first hearing through trial.

Contact Serpa Law Office at 617.936.0201. The Boston office is at 20 Park Plaza, Suite 400A. The Quincy office is at 500 Victory Road, Suite 400A.