Framingham District Court Criminal Defense Attorney

A person arrested, summonsed, or cited by the police in Framingham, Ashland, Holliston, Hopkinton, Sudbury, or Wayland appears at Framingham District Court, 600 Concord Street, Framingham. A clerk-magistrate hearing notice means that the police have applied for a criminal complaint and the clerk-magistrate has not yet decided whether to issue it.

An arrest, or a summons to an arraignment, means that a complaint has issued. At the arraignment a judge releases the defendant on personal recognizance, sets bail, or imposes conditions of release. This page describes the courthouse, the six towns it serves, the clerk-magistrate hearing, the arraignment, the charges that commonly come before this court, and the immigration and licensing questions that arise in many Framingham cases.

The Framingham District Court sits at 600 Concord Street, Framingham, MA 01701. The courthouse is open Monday through Friday, 8:30 a.m. to 4:30 p.m.

• Clerk’s office: (508) 875-7461
• Probation department: (508) 875-5241
• Clerk’s office email: cmframinghamdc@jud.state.ma.us

A public parking lot serves the courthouse. Drivers can also park on the street on the surrounding blocks. Framingham Station on the MBTA Framingham/Worcester commuter rail line is the closest train stop, about a mile and a half away. MetroWest Regional Transit Authority buses serve the area. The authority answers route questions at 800-392-6100.

Natick District Court sits in the same courthouse and serves Natick and Sherborn. A person charged in Natick or Sherborn should read the firm’s Natick District Court page.

Framingham District Court also runs an adult drug court session and a veterans’ treatment court session. Each is a court-supervised treatment program for a defendant on probation, one for defendants with substance use disorders and one for military veterans.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He has represented clients in Framingham District Court for decades. The Middlesex County District Attorney’s Office prosecutes the criminal cases in this court.

A judge can dismiss a criminal case for several reasons, including a complaint that fails to allege a crime and a complaint application that lacks probable cause. The Commonwealth can also end a case on its own by filing a nolle prosequi. The firm’s page on how criminal cases get dismissed in Massachusetts describes each of those dismissals.

Jurisdiction

Framingham District Court serves Framingham, Ashland, Holliston, Hopkinton, Sudbury, and Wayland, six Middlesex County communities west of Boston. The police departments of those six communities bring their arrests and complaint applications here. The State Police bring cases from the Massachusetts Turnpike (Interstate 90), which runs through Framingham, from Route 9, and from Interstate 495, which runs through Hopkinton.

The Natick police bring a shoplifting arrest at the Natick Mall to Natick District Court, even though the two courts share the building at 600 Concord Street.

Residents of the six towns file their applications for 209A restraining orders and 258E harassment prevention orders in this court. The court also hears the criminal charge when the police allege that a person violated one of those orders.

The Middlesex County District Attorney’s Office prosecutes the criminal cases in Framingham District Court through assistant district attorneys assigned to the courthouse.

The Clerk-Magistrate Hearing

Many Framingham cases begin with a notice of a clerk-magistrate hearing rather than an arrest. A person accused of a misdemeanor who was not arrested has the right under G.L. c. 218, § 35A to be heard before the clerk-magistrate decides whether a criminal complaint issues. The police officer who applies for a felony complaint may request a hearing. The clerk-magistrate may also hold a hearing on any other felony application. The clerk-magistrate may skip the hearing where there is an imminent threat of bodily injury, of a new crime, or of flight from Massachusetts.

In Attorney Serpa’s experience, the clerk-magistrates at Framingham hear a large number of applications each week. The applications include OUI and criminal motor vehicle citations from the Turnpike and Route 9, shoplifting complaints from the Route 9 stores, and neighbor, family, and workplace disputes from all six towns.

The clerk-magistrate holds the hearing in a hearing room closed to the public. The police officer presents the application and the report. The accused person may speak, or counsel may speak for the accused person, and either may present documents and witnesses.

The clerk-magistrate then decides whether probable cause exists for the charge. The clerk-magistrate also has the discretion to deny the application even when probable cause exists. Victory Distributors, Inc. v. Ayer Division of the District Court Department, 435 Mass. 136 (2001). A denial means that no complaint issues, no arraignment takes place, and no entry appears on the accused person’s CORI from that application. The police department keeps its own report of the incident after a denial.

The clerk-magistrate may also hold the application open for a set period and dismiss it at the end of that period, or issue the complaint and send the case to arraignment. The firm’s clerk-magistrate hearing page describes how Attorney Serpa prepares a client for the hearing. The firm’s post on what to do when a show cause notice arrives covers the first week after the notice arrives.

Arraignment and Release

The police hold an arrested person for arraignment on the next court day, unless a bail commissioner comes to the station and releases the person on bail. A person released on bail still appears for arraignment on the date the bail commissioner sets, usually the next court day. A person who receives a summons appears on the date printed on the summons.

At the arraignment the clerk reads the charge and enters a plea of not guilty on the defendant’s behalf. The judge then decides whether to release the defendant on personal recognizance, to set bail under G.L. c. 276, § 58, or to impose conditions of release such as a stay-away order or alcohol testing. The Commonwealth may also move to hold the defendant as dangerous under G.L. c. 276, § 58A. The judge may order the defendant held without bail after a dangerousness hearing on that motion.

The defendant’s CORI shows the charge from the day of the arraignment. A later dismissal or acquittal remains on the CORI until a court seals the record.

The assistant district attorney takes over the case at the arraignment. The assistant district attorney decides whether the Commonwealth goes forward on the complaint, whether to file a nolle prosequi, what to recommend on bail, and what plea offer to make. The firm’s arraignment page and bail page explain the first court date in detail.

Common Charges at Framingham District Court

OUI (G.L. c. 90, § 24)

In Attorney Serpa’s experience, the State Police and the local police make many OUI arrests on the Massachusetts Turnpike, Route 9, Route 30, and Route 126, all of which run through this jurisdiction.

A driver convicted of a first OUI faces up to two and one-half years in a house of correction, a fine of $500 to $5,000, or both. The Registry of Motor Vehicles (“RMV”) revokes the convicted driver’s license for one year. The driver may ask the RMV for a hardship license for work or school after three months.

A driver with no prior OUI, or with a single prior OUI 10 years or more old, qualifies for the first-offender program under G.L. c. 90, § 24D. The judge places the driver on probation for up to two years, usually under a continuance without a finding, and orders the driver to complete the driver alcohol education program.

The RMV suspends the license for 45 to 90 days, or for 210 days for a driver who was under 21 at the time of the offense. The driver may apply for a hardship license on the day the driver enters the program.

A driver who refuses the breath test faces a separate 180-day license suspension on a first offense. The RMV imposes that suspension at once. The Commonwealth may not mention the refusal to the jury at trial. G.L. c. 90, § 24(1)(e). The firm’s page on OUI license suspensions lists every suspension that follows an OUI arrest, a refusal, the § 24D program, and a conviction.

Attorney Serpa defends an OUI case by examining the stop, the exit order, the field sobriety tests, and the breath test. The Commonwealth must establish the foundation of the breath test final analysis from the Alcotest 9510, including the fifteen-minute observation period and the device’s certification records, before the judge admits the result. The firm’s OUI defense page explains each of those defenses. A noncitizen charged with OUI should also read the firm’s page on OUI and immigration before accepting any plea.

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

The police in these six towns arrest a person at the scene of a domestic call when they have probable cause to believe that an assault or an assault and battery occurred. G.L. c. 209A, § 6 makes arrest the preferred response. The police book the arrested person and bring the person before a judge at the next court session.

G.L. c. 265, § 13M, assault and battery on a family or household member, covers three relationships. The relationships are a spouse or former spouse, a person who shares a child with the defendant, and a person in a current or former substantive dating or engagement relationship with the defendant. The judge or jury decides whether a dating relationship was substantive by looking at its length, its type, how often the two people saw each other, whether either person ended it, and how long ago it ended.

A § 13M conviction is punishable by up to two and one-half years in a house of correction, a fine of up to $5,000, or both. The Commonwealth charges an assault and battery on a roommate, a parent, a sibling, or another household member who is not a spouse, co-parent, or dating partner under G.L. c. 265, § 13A.

The Commonwealth charges strangulation or suffocation under G.L. c. 265, § 15D when the police report describes pressure on the throat or neck or a hand over the nose and mouth. Strangulation is a felony punishable by up to five years in state prison, up to two and one-half years in a house of correction, or a fine of up to $5,000, or by both a fine and imprisonment.

At the arraignment the judge may order the defendant to stay away from and have no contact with the complaining witness, which can bar the defendant from the shared home. A judge can change the condition later on a motion.

In Attorney Serpa’s experience, the Middlesex County District Attorney’s Office continues to prosecute a domestic assault case after the complaining witness asks the prosecutor to drop the charge. The prosecutor builds the case on the responding officers’ observations, the 911 recording, photographs of injuries, and medical records. The firm’s page on what happens when the alleged victim will not testify explains what the Commonwealth can and cannot prove without that witness.

A § 13M conviction, and in many cases a continuance without a finding on a § 13M charge, can make a noncitizen deportable for a crime of domestic violence. The firm’s page on domestic violence and immigration states the result for each kind of battery. A conviction for a misdemeanor crime of domestic violence also bars the defendant from possessing a firearm or ammunition under federal law. 18 U.S.C. § 922(g)(9).

The firm’s domestic violence defense page, its page for a person falsely accused of domestic violence, and the domestic violence arrest FAQs cover the arrest, the arraignment, and the defenses.

209A Restraining Orders (G.L. c. 209A)

A person who fears a family or household member may apply to Framingham District Court for a 209A restraining order. The statute defines abuse as attempting to cause or causing physical harm, placing a person in fear of imminent serious physical harm, forcing a person into sexual relations by force, threat, or duress, or coercive control. G.L. c. 209A, § 1.

The judge may issue a temporary order the same day without the defendant present. The court then holds a hearing within ten court business days. G.L. c. 209A, § 4. At that hearing the plaintiff must prove abuse by a preponderance of the evidence. Frizado v. Frizado, 420 Mass. 592 (1995). The judge then decides whether to extend the order for up to one year. G.L. c. 209A, § 3. The plaintiff may ask the judge to extend the order again, or to make it permanent, when it expires.

The judge who issues a 209A restraining order orders the defendant to surrender firearms, ammunition, and any license to carry or firearm identification card when the plaintiff shows a substantial likelihood of immediate danger of abuse. G.L. c. 209A, § 3B.

Serpa Law Office represents plaintiffs who need an order and defendants who oppose one. The firm’s pages on obtaining a 209A restraining order as the plaintiff and on defending a 209A hearing explain each side. In Attorney Serpa’s experience, many Framingham 209A hearings involve a party whose first language is Portuguese or Spanish. The court appoints a qualified interpreter for a party who does not speak English well. G.L. c. 221C, § 2.

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

A 258E harassment prevention order protects a person from someone outside the family or household, such as a neighbor, a coworker, a former friend, or a stranger. Harassment under G.L. c. 258E, § 1 means three or more acts of willful and malicious conduct aimed at a specific person, committed with the intent to cause fear, intimidation, abuse, or damage to property, that in fact cause fear, intimidation, abuse, or damage to property.

The Supreme Judicial Court has held that the defendant must commit each of the three acts with that intent. The court also held that “fear” means fear of physical harm or of physical damage to property, and that speech counts as harassment only when it amounts to fighting words or a true threat. O’Brien v. Borowski, 461 Mass. 415 (2012). A single act also qualifies when it is a sexual assault by force, threat, or duress, or one of the crimes listed in G.L. c. 258E, § 1, such as stalking or criminal harassment.

In Attorney Serpa’s experience, many Framingham 258E applications grow out of a long dispute between neighbors or former friends in which both sides have behaved badly. The plaintiff must identify three specific acts by the defendant that meet the statutory definition. A general history of mutual conflict does not meet that definition.

A violation of a 258E harassment prevention order is a crime punishable by up to two and one-half years in a house of correction, a fine of up to $5,000, or both. G.L. c. 258E, § 9. Serpa Law Office represents both applicants and defendants in 258E hearings. The firm’s pages on obtaining a 258E harassment prevention order as the plaintiff and on when unwanted contact becomes harassment explain the hearing from each side.

Violations of 209A and 258E Orders (G.L. c. 209A, § 7 and G.L. c. 258E, § 9)

A person who violates a 209A restraining order or a 258E harassment prevention order commits a crime. The police must arrest a person they have probable cause to believe violated a 209A restraining order. G.L. c. 209A, § 6. A conviction under either statute is punishable by up to two and one-half years in a house of correction, a fine of up to $5,000, or both. G.L. c. 209A, § 7, and G.L. c. 258E, § 9.

The Commonwealth proves a violation by showing that a court issued the order, that the order was in effect on the date charged, that the defendant knew its terms, and that the defendant did what the order forbade. Commonwealth v. Delaney, 425 Mass. 587 (1997). A defendant who knowingly contacts the plaintiff violates the order even with a good reason for the contact. Only a judge can change or end the order, so the plaintiff’s invitation to call or to visit does not excuse a defendant who accepts it.

A defendant arrested for a violation while another case is pending faces a second hearing on the earlier case. The judge may revoke the defendant’s bail or personal recognizance in the earlier case and hold the defendant for up to 60 days. G.L. c. 276, § 58. The judge must first find probable cause for the new charge and find that release would seriously endanger a person or the community.

The firm’s pages on violation of a 209A restraining order and criminal violation of a 258E harassment prevention order, and the 209A and 258E violation FAQs, explain the defenses.

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

In Attorney Serpa’s experience, State Police traffic stops on the Turnpike and Route 9 produce many of the drug cases at Framingham District Court. The Commonwealth charges possession under G.L. c. 94C, § 34 when the quantity and packaging suggest personal use. The Commonwealth charges possession with intent to distribute under §§ 32 to 32D, or trafficking under § 32E, when the quantity, packaging, cash, or text messages suggest sale.

Simple possession is a misdemeanor. A first conviction for possession of most drugs is punishable by up to one year in jail, a fine of up to $1,000, or both. A first conviction for possession of heroin is punishable by up to two years in a house of correction, a fine of up to $2,000, or both. A judge may place a first offender on probation or continue the case without a finding, then dismiss the case and seal the record when the probation ends. G.L. c. 94C, § 34.

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, adds a two-year mandatory minimum under G.L. c. 94C, § 32J. The Legislature narrowed the enhancement in 2018. The enhancement now applies only where the Commonwealth also proves violence or threats, a firearm, direction of another person’s drug felony, or a sale to a person under 18 or the use of a minor under § 32F or § 32K.

A defendant whose charges stem from addiction may ask to be placed in the court’s adult drug court session, a probation program built around treatment, drug testing, and frequent review hearings before the judge.

The defense examines the reason for the stop, the exit order, the search of the car, the chain of custody, and the laboratory certificate. The firm’s drug crimes page and its page on possession and distribution charges describe each defense.

Firearms (G.L. c. 269, § 10 and G.L. c. 140, §§ 121B and 121C)

A person who carries a firearm outside the home without a license to carry faces a charge under G.L. c. 269, § 10(a). A conviction requires a sentence of at least 18 months. The statute bars a suspended sentence, a continuance without a finding, and probation or parole before the defendant has served 18 months. The maximum sentence is two and one-half years in a house of correction or five years in state prison.

Every firearm in Massachusetts must now have a serial number. G.L. c. 140, § 121C. Owners must also register their firearms with the Department of Criminal Justice Information Services. G.L. c. 140, § 121B. The serial number and registration requirements come from the 2024 firearms law, St. 2024, c. 135. 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 post on the registration deadline explains the penalties. The firm’s firearms defense page covers possession without an FID card, improper storage, and large capacity charges.

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

In Attorney Serpa’s experience, the Route 9 stores in Framingham, including Shoppers World, generate many of this court’s shoplifting cases. The Natick police bring Natick Mall cases to Natick District Court.

Shoplifting goods worth less than $250 is punishable on a first offense by a fine of up to $250. A second offense is punishable by a fine of $100 to $500. A third or later offense is punishable by a fine of up to $500, up to two years in jail, or both. G.L. c. 266, § 30A.

Shoplifting goods worth $250 or more is punishable by up to two and one-half years in a house of correction, a fine of up to $1,000, or both. The Commonwealth may charge larceny instead for goods worth $250 or more.

Larceny of property worth more than $1,200 is a felony punishable by up to five years in state prison, or by a fine of up to $25,000 and up to two years in jail. Larceny of property worth $1,200 or less is a misdemeanor punishable by up to one year in jail or a fine of up to $1,500. G.L. c. 266, § 30.

A store employee’s statement that a person shoplifted gives a police officer probable cause to arrest without a warrant. G.L. c. 266, § 30A. Many Framingham shoplifting cases nevertheless begin with a summons and a clerk-magistrate hearing rather than an arrest. The clerk-magistrate may decline to issue a complaint on a first accusation where the store has been repaid. The firm’s pages on shoplifting and larceny defense and on the shoplifting clerk-magistrate hearing explain how to prepare.

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

A driver cited for negligent operation, operating after suspension, leaving the scene of an accident, or another criminal motor vehicle offense receives a criminal citation from the officer at the stop or in the mail. The driver has four days from the date of the violation to ask the clerk-magistrate of Framingham District Court, in writing, for a hearing before any complaint issues. G.L. c. 90C, § 3(B)(2).

A driver who lets the four days pass gives up the hearing. The clerk-magistrate may then issue the complaint on the officer’s application alone. The firm’s post on the criminal citation and the four-day deadline explains how to make the request.

Framingham State University Students

A Framingham State University student accused of a crime in Framingham answers in this court. In Attorney Serpa’s experience, the accusations that bring a student here include a fake ID, underage possession of alcohol, a fight or a shove in a residence hall, and a dispute between roommates that becomes a 258E harassment prevention order application or a criminal complaint. Most of those cases begin with a summons and a clerk-magistrate hearing rather than an arrest.

The university runs its own student conduct proceeding, separate from the criminal case. A complaint or a conviction can also affect financial aid, campus housing, and, for an international student, the student visa. The firm’s pages on student criminal defense and on roommate restraining orders in dorms and student apartments explain both sides of a roommate dispute and the steps a student should take before the hearing.

Immigration and Professional License Consequences

Framingham has large Brazilian, Latino, and other immigrant communities. Immigration consequences shape many of the criminal cases in this court.

For a noncitizen, a conviction or a continuance without a finding is the main risk. A continuance without a finding after an admission to sufficient facts is a conviction under 8 U.S.C. § 1101(a)(48)(A) when the judge imposes probation or another restraint. A § 13M conviction can make a noncitizen deportable. An OUI conviction can affect a visa application or a renewal. The firm’s immigration consequences pages and its page for immigrants and visa holders state the result for each common charge.

A denied complaint application, a dismissal before arraignment, and a dismissal after arraignment each leave a different record. The police report of the arrest remains in the police department’s files in every case. An immigration officer may ask about the arrest or the conduct at an interview even where no conviction exists. An immigration lawyer should review the exact question on the form, the client’s status, and the court record before the client files a petition or sits for an interview.

A defendant who does not speak English well has the right to a qualified interpreter, appointed by the judge, at every stage of the case. G.L. c. 221C, § 2.

A nurse, a teacher, a real estate broker, or another licensed professional faces a separate question from the licensing board. What the licensee must report, and when, depends on the board’s own rules, which differ for an arrest, a pending charge, a continuance without a finding, and a conviction. Attorney Serpa reviews the board’s reporting rule with the client before the clerk-magistrate hearing or the arraignment, because the outcome of that first court date often changes the answer.

Contact Serpa Law Office at 617.936.0201 for a free consultation. The Boston office is at 20 Park Plaza, Suite 400A, and the Quincy office is at 500 Victory Road, Suite 400A.

Related Serpa Law Office resources

• Massachusetts Clerk-Magistrate Hearing Lawyer
• What to Do When a Show Cause Notice Arrives
• Arraignment in Massachusetts
• OUI Defense Attorney
• Massachusetts Domestic Violence Lawyer
• 209A Restraining Orders Lawyer
• 258E Harassment Prevention Order Lawyer
• Massachusetts 209A Restraining Order and 258E Harassment Prevention Order Violation FAQs
• Immigration Consequences of Massachusetts Criminal Charges
• College and University Student Criminal Defense
• Natick District Court Criminal Defense Lawyer
• Massachusetts Criminal Court FAQs
• Complete Clerk-Magistrate Hearing FAQ
• Sealing and Expunging a Criminal Record
• What to Do in the First 24 Hours After a Massachusetts Arrest
• Massachusetts Criminal Defense Results
• Massachusetts District Courts