Somerville District Court Criminal Defense Attorney

A person arrested or summoned to court in Somerville or Medford faces a criminal case in the Somerville District Court, at 175 Fellsway, Somerville, MA 02145. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m.

• Clerk’s office and probation department: (617) 666-8000
• Clerk’s fax: (617) 776-2111
• Probation fax: (617) 666-4361
• Clerk’s email: cmsomervilledc@jud.state.ma.us

A free parking lot sits behind the courthouse. Buses 90 and 92 stop nearby.

The Middlesex County District Attorney’s Office prosecutes every criminal case in the Somerville District Court. The Commonwealth prosecutes a felony beyond the district court’s final jurisdiction in the Middlesex Superior Court, 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. Many Somerville and Medford cases involve neighbor disputes in multi-family housing, domestic disputes between people who share an apartment, and students and young professionals.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents clients in the Somerville District Court at clerk-magistrate hearings, arraignments, motion hearings, and trials. Call 617.936.0201.

A judge in the Somerville District Court may dismiss a case on certain grounds even without the prosecutor’s agreement. The firm’s page on who controls a dismissal and the grounds a judge can act on explains those grounds.

Jurisdiction

The Somerville District Court hears criminal cases from Somerville and Medford. A Medford case goes to the Somerville District Court, not to the Malden District Court, which sits in Medford. Every criminal complaint and clerk-magistrate hearing that arises in Somerville or Medford comes to the courthouse on the Fellsway.

A plaintiff who lives in Somerville or Medford may apply for a 209A restraining order in the Somerville District Court, the Middlesex Probate and Family Court, or the Middlesex Superior Court.

A Somerville judge hears every misdemeanor except libel, every felony punishable by no more than five years in state prison, and the more serious felonies listed in G.L. c. 218, § 26. The judge may impose up to two and one-half years in the house of correction on a single charge, but may not sentence a defendant to state prison. G.L. c. 218, § 27. A defendant who chooses a jury trial in Somerville is tried before a jury of six. G.L. c. 218, § 26A.

The Clerk-Magistrate Hearing

Many Somerville households share thin walls, stairwells, driveways, and porches in two-family and three-family houses. Disputes between neighbors often lead to applications for criminal complaints. The clerk-magistrate hearing under G.L. c. 218, § 35A is often the only proceeding in which counsel can present the full history between the parties before a criminal case begins.

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 clerk-magistrate may use the discretion to decline to issue a complaint in a Somerville neighbor or landlord dispute, where a criminal complaint would not resolve the conflict and might make it worse. A clerk-magistrate who issues no complaint leaves no public court case and no arraignment-based CORI entry, although a police record may exist. Attorney Serpa has appeared before Somerville’s clerk-magistrates in neighbor, domestic, student, and motor vehicle matters.

The clerk-magistrate decides whether probable cause exists and whether a lesser resolution would serve the same purpose as a complaint. Attorney Serpa prepares for each hearing with documents about the person’s background. He also presents the history of the dispute through building complaints, text messages, or letters from a landlord when the history helps the person. 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.

A clerk-magistrate who declines to issue a complaint ends the matter before arraignment, the point at which a CORI entry begins. The CORI entry from an arraignment generally remains on the record even after a later continuance without a finding (CWOF), diversion, or dismissal.

Common Charges at Somerville District Court

OUI: G.L. c. 90, § 24

Many OUI arrests in the Somerville District Court arise on McGrath Highway (Route 28) and the roads that connect Somerville and Medford to Interstate 93. 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. The defendant also loses the license for one year.

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 § 13A

The Middlesex County District Attorney’s Office often prosecutes a domestic assault charge even when the alleged victim does not want the case to go forward. Many Somerville defendants and complainants are roommates in shared housing rather than partners. A charge of domestic assault and battery under G.L. c. 265, § 13M applies only to spouses and former spouses, parents of a child in common, and people in a substantive dating or engagement relationship. The Commonwealth charges an assault and battery between roommates under G.L. c. 265, § 13A.

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 a domestic assault charge to a licensing board, depending on the board’s rules. The firm’s pages on A&B on a Family or Household Member and Strangulation Charges explain each charge.

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

A judge who orders a defendant to leave a shared Somerville apartment under a 209A restraining order may leave the defendant with no place to live. Roommates who reside together in the same household qualify as household members under G.L. c. 209A, § 1, even without a romantic relationship. Counsel at the contested hearing examines the relationship between the parties and whether the plaintiff’s claimed fear is reasonable in the specific living situation.

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 a 209A restraining order. A defendant who still shares a lease or a mailbox with the plaintiff is therefore at risk of a violation charge. 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.

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

Many 258E harassment prevention order cases in the Somerville District Court arise between neighbors who share walls, ceilings, parking, and yards. A neighbor often applies for a 258E harassment prevention order after repeated conflicts over noise, parking, and common areas. Tufts University students also bring applications for 258E harassment prevention orders in the Somerville District Court.

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 a complaint to a landlord, to building management, or to the city’s noise line was a legitimate response to a shared-living dispute rather than a willful and malicious act. 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 in more detail.

Student Offenses

The Tufts University campus is partly in Somerville and partly in Medford, so the Somerville District Court hears cases involving Tufts students that arise on the campus or elsewhere in Somerville or Medford. Cases against Tufts students often involve noise, alcohol, drug, and disorderly conduct charges. A student whose case ends at the clerk-magistrate hearing with no complaint has no arraignment and no CORI entry. A graduate school, an employer, or an immigration officer may still ask about the arrest. The Student Criminal Defense FAQ answers common questions.

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 or Class B substance faces no mandatory minimum sentence. A defendant convicted of a second Class A distribution offense, or of trafficking under § 32E, faces a mandatory minimum sentence. Counsel examines the stop, the search, and the chain of custody of the alleged drugs.

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

A driver cited in Somerville or Medford for a misdemeanor motor vehicle offense, with no felony charge and no arrest, has four days from the violation to ask the clerk-magistrate in writing for a hearing before a complaint issues. 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 Somerville and Medford defendants are students, technology workers, and academics. Many Somerville and Medford defendants also hold F-1, J-1, H-1B, or other visas. Federal immigration law imposes its own consequences on a conviction or a continuance without a finding in the Somerville District Court. A noncitizen should have an immigration lawyer review any proposed disposition before accepting it. A noncitizen whose case ends without a conviction may still have to answer questions about the arrest on an immigration application or at an interview.

An immigration lawyer should review the exact question, the client’s immigration status, and the Somerville court record before the client files the application or attends the interview. A licensed professional may have to report a conviction or a continuance without a finding to a licensing board, depending on the board’s rules. The firm’s pages on Immigration Consequences and Professional License Defense explain both risks in more detail.

Protecting the Record After the Case Ends

Massachusetts law permits sealing of the record of a case that ends in a dismissal, a continuance without a finding that is later dismissed, or, after a waiting period, a conviction. A narrower set of records may be expunged. A sealed record is closed to most employers and landlords. Many Somerville and Medford apartment applications include a background check. The firm’s page on Sealing and Expunging a Criminal Record explains each procedure.

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
• Somerville District Court: Students, Assembly Row, and the Clerk-Magistrate Session

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.