Brookline District Court Criminal Attorney

A person arrested or summoned to court in Brookline faces a criminal case in the Brookline District Court, at 360 Washington Street, Brookline, MA 02445. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m.

• Clerk’s office: (617) 232-4660
• Probation department: (617) 277-9032
• Clerk’s email: cmbrooklinedc@jud.state.ma.us

Metered parking is available on the streets around the courthouse. A metered lot is across the street on School Street. The Brookline Village stop on the MBTA Green Line D branch is the closest stop, and buses 60, 65, and 66 stop nearby.

The Norfolk County District Attorney’s Office prosecutes every criminal case in the Brookline District Court. The Commonwealth prosecutes a felony beyond the district court’s final jurisdiction in the Norfolk Superior Court in Dedham, after a grand jury indicts the defendant.

A district court 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 represents clients in the Brookline District Court at clerk-magistrate hearings, arraignments, motion hearings, and trials. Call 617.936.0201.

Some Brookline cases end in a dismissal rather than a plea. The firm’s page on how criminal cases get dismissed in the Massachusetts district and municipal courts explains when a judge or the Commonwealth may end a case by dismissal.

Jurisdiction

The Brookline District Court hears criminal cases from the Town of Brookline only. A judge in this one courthouse hears every case from Coolidge Corner, Brookline Village, Washington Square, and the Brookline side of Chestnut Hill. The clerk-magistrates and judges in this courthouse see only Brookline cases.

The Brookline District Court hears every misdemeanor except libel and every felony punishable by no more than five years in state prison. The court also hears the more serious felonies that G.L. c. 218, § 26 lists, such as assault and battery with a dangerous weapon.

A judge in the Brookline District Court may sentence a defendant to up to two and one-half years in the house of correction on a single charge, but cannot sentence a defendant to state prison. G.L. c. 218, § 27. A defendant who chooses a jury trial is tried before a jury of six. G.L. c. 218, § 26A.

A Court for One Town

Brookline is a town of about sixty-three thousand people. Brookline is part of Norfolk County, but Boston and Newton surround it, and many Brookline residents rely on Boston’s public transit, hospitals, and universities. Brookline has its own courthouse and its own police department. The town is dense along the Green Line and quiet in the neighborhoods of large homes south of Route 9. The court hears retail and package theft cases, motor vehicle cases from Boylston Street, domestic violence cases from apartment buildings near Coolidge Corner, and cases involving students from Boston University’s west campus, which borders Brookline.

The Brookline District Court is a small court, so the judge and the prosecutor examine each case closely. The same officers write most of the police reports, and the same prosecutors review most of the complaint applications. A close review helps a defendant whose lawyer comes to court with the record organized, the mitigating facts documented, and the legal questions identified.

Physicians, Researchers, and Other Professionals

The Longwood Medical Area is just across the Boston line, and many physicians, residents, researchers, and hospital staff live in Brookline because of the short commute. Many faculty members and graduate students from nearby universities also live in Brookline. A physician charged with shoplifting faces a modest criminal penalty, but the physician faces separate questions from the Board of Registration in Medicine and on hospital credentialing questionnaires. The same is true for nurses, pharmacists, therapists, and academic researchers whose visa or appointment depends on a clean background.

Attorney Serpa obtained the dismissal and sealing of a charge of assault and battery on a family or household member against a partner at an investment firm in this court. The firm’s results page describes the case. Attorney Serpa concentrates a licensed professional’s defense on the clerk-magistrate hearing and the period before arraignment, when a lawyer can still prevent a record instead of repairing it later.

The Clerk-Magistrate Hearing

Many Brookline cases begin with an application for a criminal complaint and a clerk-magistrate hearing under G.L. c. 218, § 35A, before any arraignment. A clerk-magistrate may decline to issue a complaint even when the application shows probable cause, as long as the district attorney’s office has not told the clerk-magistrate that it intends to prosecute. Victory Distributors, Inc. v. Ayer Div. of the Dist. Court Dep’t, 435 Mass. 136, 142 to 143 (2001).

A person with no record, steady work or school, and a clear account of what happened gives the clerk-magistrate good reasons to decline to issue a complaint.

An arraignment creates a court record of a pending criminal case. A licensing board, a hospital, or an employer that checks CORI may see the pending case before the case ends. A clerk-magistrate who declines to issue a complaint leaves no arraignment and no CORI entry.

The hearing is informal, and the rules of evidence do not apply. A police prosecutor usually presents the police report. Counsel answers the report with documents that the clerk-magistrate can rely on. Those documents may include school enrollment and employment records, proof that the person paid the store back, proof that the person completed an alcohol education program before anyone ordered it, and letters about the person’s character and work.

A clerk-magistrate may also hold the application open for a set period. In Attorney Serpa’s experience, the clerk-magistrate ordinarily does not issue a complaint when the person commits no new offense while the clerk-magistrate holds the application open. Attorney Serpa has appeared before Brookline’s clerk-magistrates in student cases, domestic cases, and OUI cases.

Common Charges

OUI (G.L. c. 90, § 24). Many Brookline OUI arrests take place on Boylston Street, which is Route 9, and near Brookline Village. 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.

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. The defendant also loses the license for one year. A defendant who receives a § 24D disposition on a first offense generally loses the license for 45 to 90 days instead.

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. The firm’s page on OUI cases in the Brookline District Court explains the arrest, the license suspension, and the defense of an OUI case in Brookline.

No interstate highway crosses Brookline, so most motor vehicle cases in this court come from stops on Route 9 and from local police enforcement. A stop on Boylston Street often begins with an officer’s claim that the driver crossed a lane marking or rolled through a stop sign. Counsel examines the reason for the stop, the basis for the exit order, and how the officer gave the field sobriety tests on a sloped and busy roadside. A judge who rules that a stop was unlawful suppresses the evidence the police found after the stop, including a breath test final analysis or a gun found in a car console.

Domestic Violence (G.L. c. 265, § 13M and G.L. c. 265, § 13A). The Norfolk County District Attorney’s Office often prosecutes a domestic assault and battery charge even when the alleged victim does not want the case to go forward. Brookline Police officers seek complaints based on what the officers saw on the call, whether or not the alleged victim cooperates. Police often arrest the accused person on a domestic call. An arrested person goes to arraignment without a clerk-magistrate hearing.

At the arraignment, the judge releases the defendant on personal recognizance or sets bail under G.L. c. 276, § 58, and may impose conditions of release, including an order to stay away from the home. The Commonwealth may also move to hold the defendant as dangerous under G.L. c. 276, § 58A.

A physician, nurse, or researcher in the Longwood Medical Area may have to report a domestic assault charge to a licensing board or to the hospital, depending on the board’s rules and the hospital’s policies. The firm’s pages on A&B on a Family or Household Member and Strangulation Charges explain each charge.

Many Brookline residents live in dense apartment buildings around Coolidge Corner and Washington Square, where neighbors can hear arguments through the walls. The police respond to a neighbor’s call the same way they respond to a call from inside the home, and the officers usually decide at the scene whether to make an arrest. A 209A abuse prevention order can remove a person from a home the person owns, restrict contact with the person’s own children, and require the surrender of any firearms. A physician or other licensed professional may also have to disclose a 209A abuse prevention order on credentialing and licensing forms. The firm’s page on domestic violence cases in the Brookline District Court covers domestic violence arrests in Brookline, including Coolidge Corner, Brookline Village, and Washington Square.

209A Restraining Orders (Abuse Prevention Orders Under G.L. c. 209A). Many 209A restraining orders in Brookline involve parties who share an apartment building, a condominium, or a lease. The parties may still run into each other after the judge issues the order. A chance meeting in a shared entryway, a reply to a text from the plaintiff, or contact through a mutual friend can each result in a new criminal charge.

Counsel at a contested hearing may present prior messages between the parties, building management records, and each party’s history in the property. 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. Contact that the plaintiff starts is not a defense to a charge of violating the order. The page on Violation of a Massachusetts 209A Restraining Order explains the violation charge.

258E Harassment Prevention Orders (G.L. c. 258E). Many 258E harassment prevention order cases in Brookline arise between neighbors in apartment buildings and condominiums, coworkers in medical and academic workplaces, and students in off-campus housing. A judge may issue a 258E harassment prevention order based on harassment only on proof of three or more willful and malicious acts aimed at the plaintiff.

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. G.L. c. 258E, § 1. O’Brien v. Borowski, 461 Mass. 415 (2012).

Counsel often addresses whether the defendant’s conduct, such as a noise complaint to building management, a complaint to human resources, or a lawsuit, was legitimate communication rather than a willful and malicious act. Judges in Brookline also see applications for 258E harassment prevention orders filed to gain an advantage in a related landlord-tenant, employment, or civil dispute.

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. Attorney Serpa represents plaintiffs and defendants in 258E harassment prevention order cases. The firm’s article When Does Unwanted Contact Become Harassment? explains the standard for a 258E harassment prevention order in more detail.

Student Offenses. Many students from Boston University, Boston College, and Northeastern live in off-campus housing in Brookline. Student cases in the Brookline District Court often involve fake ID charges, disorderly conduct charges that begin with noise complaints, alcohol possession, and drug charges. A student whose case ends at the clerk-magistrate hearing with no complaint has no CORI entry. A graduate school, a bar application, or a licensing board may still ask about any arrest, citation, or charge, including one that ended at a clerk-magistrate hearing.

Fake ID use is common among students. The equities in a fake ID case usually favor the student. A student who comes to the hearing prepared, with counsel and with documents, gives the clerk-magistrate reasons to decline the complaint. A student who comes alone and simply admits everything gives the clerk-magistrate little reason to decline the complaint. The firm’s pages on Fake ID Defense and the Student Criminal Defense FAQ explain more.

Boston University’s west campus is along the Boston and Brookline line, and thousands of students live in Brookline while attending school in Boston. The Brookline District Court, rather than a Boston court, hears the case when the police respond to a loud party, a physical dispute between roommates, or an incident on Harvard Street. A criminal charge can put a scholarship, a degree program, a place on an athletic team, or an international student’s visa at risk before the court holds an arraignment, and the university’s disciplinary process often moves faster than the court.

Drug Offenses (G.L. c. 94C). 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 Class A distribution offense 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 a drug offense 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.

Shoplifting and Larceny (G.L. c. 266, §§ 30, 30A). Many Brookline shoplifting cases begin at stores in Coolidge Corner and Brookline Village. 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.

Proof of payment to the store and a clean record support a decision by the clerk-magistrate not to issue a complaint for a first retail offense.

Motor Vehicle Offenses (G.L. c. 90C, § 3). A driver cited in Brookline 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.

Professional License and Immigration Consequences

Many Brookline defendants work as physicians, nurses, and researchers in the Longwood Medical Area. A licensed professional may have to report a conviction or a continuance without a finding to a licensing board or to a hospital, depending on the board’s rules and the hospital’s policies. A hospital may also begin its own review after an arraignment, before the criminal case ends. Attorney Serpa therefore works to end a licensed professional’s Brookline case at the clerk-magistrate hearing or by dismissal before trial. A defendant who accepts a favorable plea still has a court record.

Federal immigration law imposes its own consequences on a conviction or a continuance without a finding in the Brookline District Court. Many noncitizens and visa holders work or study in Brookline’s medical and academic communities. A noncitizen should have an immigration lawyer review any proposed disposition before accepting it.

A noncitizen whose Brookline case ends without a conviction may still have to answer questions about the arrest on an immigration application or at an interview. An immigration officer may ask 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 Brookline court record before the client files the application or attends the interview. The firm’s pages on Professional License Defense and Immigration Consequences explain both risks in more detail.

A defendant whose case leaves a record may later ask to have the record sealed. Massachusetts law permits sealing of many district court records and, in narrower circumstances, expungement. The firm’s overview of Massachusetts sealing and expungement standards explains when a record may be sealed or expunged.

Quick Answers

Related Serpa Law Office Resources:

• Massachusetts Criminal Court FAQs
• Clerk-Magistrate Hearing FAQ
• Sealing and Expunging a Criminal Record
• What to Do After an Arrest

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.