In the adult criminal system, there are several routes a case can take. At the first step after arrest, the person will be charged with either a misdemeanor or a felony offense. A misdemeanor case is one where the maximum punishment is confinement in a jail or the house of corrections, a fine, or combination of jail and a fine. In a felony case, the punishment is often much more severe, including confinement in state prison.

District Court

The District Court is where a vast majority of criminal cases and heard and decided. This court considers a wide range of criminal cases, including all felonies punishable by a sentence up to five years, all misdemeanors, and all violations of city and town ordinances and by-laws. For more serious felonies, the District Court conducts probable cause hearings to determine if a defendant's case should be sent over to the Superior Court. A person who stands trial in District Court charged with a criminal offense may choose trial by a judge (a "bench trial") or before a six person jury. Most District Court cases are tried before a judge, who hears the evidence and finds the facts.

Superior Court

The prosecution of most felonies takes place in Superior Court, known as the Great Trial Court of Massachusetts. A felony charge generally must be preceded by a grand jury indictment, in which a prosecutor presents evidence to a jury of up to 23 people. These individuals decide whether there is sufficient evidence to warrant criminal charges. If so, the grand jury then returns an indictment, or a formal accusation charging a person or organization with a specific crime, or refuses to return an indictment.

Initial appearance and arraignment

As most cases take place in the District Court, the following is a description of that process. In a misdemeanor case, the first appearance is called the arraignment. For someone who is arrested, the arraignment takes place immediately if a District Court is in session. If the court is not open at that time, the arraignment takes place at the next time it is in session. For someone who receives a summons to appear, it is important to contact an attorney immediately. The attorney can often make an appearance without the need for a defendant's attendance. At the arraignment, formal charges are brought against the defendant, who then enters a plea. In most courts, the clerk will simply enter a plea of not guilty on behalf of the defendant. The clerk then schedules a pre-trial conference date. At the arraignment, the court will also determine if bail is required in the case. Most defendants are released on personal recognizance (or where they promise the court they will appear at the next court date). If the person appears at all court dates, there is usually never a problem about bail or being held in custody. Failure to appear at court dates without good cause results in the issuance of a bench warrant for the person's arrest. For more serious cases, the prosecutor may seek a range of bail options, including cash bonds or other conditions for release. Again, it is crucial to have an experienced attorney on your side for these proceedings.

Preliminary Hearing

When a felony charge is filed in a district court, the person charged has the right to a preliminary hearing to determine if there is probable cause. If, during the course of the hearing, the judge decides that there is no probable cause (the defendant has committed no offense), the case will be dismissed. If the hearing confirms that there is probable cause to believe that the accused has committed a felony, the case can be referred to a grand jury for further action. A defendant may waive his right to a preliminary hearing and proceed to superior court on the district court complaint.

Preliminary hearings are not held when a person has been accused by indictment as in this case the grand jury has already determined there is probable cause for a felony charge.

Pre-trial Conference

Following your arraignment, the next court date is usually the pre-trial conference. At this time, the prosecutor and your attorney will discuss the merits of your case. This is the first opportunity for both sides to determine whether the case should go to trial and it offers your attorney an opportunity to assess the strength of the prosecutor's case. Other issues for discussion often include whether the case can be decided by a plea, the nature of the available evidence, the nature of the defense (alibi, self-defense, etc.). If the parties cannot agree to settle the case, the court will set a motions date and a trial date.

Pleas

An experienced attorney can investigate the facts of your case, consider all the relevant legal standards and possible defenses, and based on his background and skill, advise you on the advantages or disadvantages of having a trial. While Attorney Crouch will work tirelessly to provide you with the best outcome, some clients are most happy when provided with a plea to a reduced, less serious offense.

Under Massachusetts law, every defendant possesses the right to tender an admission or plea to the charges and request a sentence from the court. If the court agrees with your offer, then it will accept your disposition and enter your plea. If the court disagrees, and suggests a more serious penalty, then you have the option of accepting the new offer or rejecting it and proceeding to a trial at a later date. If the plea is accepted, then it is heard in open court and is a matter of public record (unless you are a juvenile). A defendant may plead guilty or nolo contendre (no contest). Pleas must be voluntarily, with no coercion, and a defendant's rights to due process must be protected.

Motions

Your attorney may decide to file a variety of motions to best resolve your case. A motion requests that a judge decree an order. Pre-trial motions help counsel discover evidence, prevent the admission of certain damaging evidence, test the sufficiency of evidence against you, and assess the constitutionality of seizures or the investigative process. A motion may present a defense or objection that could lead to a resolution of the entire complaint without the need for a trial.

Jury Trials

A defendant is often entitled to a trial by a jury (of either six or twelve people, depending upon the court). The defendant may in some circumstances choose to waive the jury and submit himself to a bench trial by the judge.

Sentencing

A defendant found guilty has a legal right to be sentenced without unreasonable delay. Pending sentence, the judge may jail the defendant, continue bail, or alter the conditions of release. Before a sentence is imposed, the court must permit the defendant's counsel to make a statement or present evidence to mitigate the sentence.

Before sentencing, the probation officer may conduct a pre-sentence investigation into prior successful criminal prosecutions of the defendant, the defendant's background, and an assessment of the impact of the crime on the victim. His report is then reported to the court.

If a defendant is found guilty, and he decides to appeal his case, a judge can order stay the execution of the sentence and allow the defendant to remain free until resolution of his appeal.

Appealing Sentences

In addition to having the right to appeal convictions, a defendant has the right to appeal the severity of his sentence.

Attorney Crouch practices in a wide range of areas of criminal law. He often enters criminal matters before charges are even brought. It is crucially important for you to secure dedicated, skilled legal defense to protect your rights. Please contact Attorney Crouch at (617) 742-4111 or email him at acrouch@andrewcrouch.com to set up a consultation.