CRIMINAL PROCESS
INFORMATION CENTER

Once our clients are either released from jail or become aware of a criminal investigation into their wrongdoing, we are typically retained to help him or her with a defense against the charges made against them.

In some cases, our client may be required to post bond before he or she is released.  In those cases, we are typically retained by a family member or close friend. 

Once the process starts, the different steps are as follows:

Arraignment:  Your initial appearance in court before a judge will occur within the first few business days following the arrest.  The judge will read the charges to you and you will have the opportunity to enter a plea.

Pretrial Conference:  Your date will be assigned at the arraignment, and it is four or five weeks after the arraignment.  Here, you and your attorney meet with the District Attorney who usually offers a plea bargain if you are willing to move forward and plead guilty.  If you want to fight all the charges, you will be given a trial date and future motion dates.

At the conference, both the prosecutor and your attorney may work out a continuance informally while standing in a hallway waiting for the judge to call the case.  Once the case is called, counsel for either side may want to bring and argue certain motions (requests) in order to have the judge make certain rulings.

The most common motions our attorneys file are motions to reduce charges, compel discovery, preserve evidence, identify an informant, or examine a particular police officer's personnel file.

Most judges require that a Pretrial Conference Report be filed at the conference.  The report serves as an agreement of sorts where counsel on both sides address evidentiary issues including, but not limited to, the existence of certain pieces of evidence and how and when each will reveal or turnover said evidence to the opposing party.

Compliance and Election Date:  The purpose of this date is two-fold.  As for the compliance portion, the Commonwealth is to turn-over all evidence agreed-to at the Pretrial Conference.  The election portion relates to the defendant's decision as to whether his or her trial is to be a bench trial (judge only) or heard by a jury.

Motion Conferences:  Far too frequently, police officers violate people's constitutional rights by improper stops, searches and seizure of evidence.  Most evidence obtained in violation of your rights may be withheld through a Motion to Suppress, filed by one of our attorneys.

Trial:  Almost all criminal trials in Massachusetts are held in the district court.  Here, an accused is entitled to a trial by jury where six citizens find him or her guilty or innocent to each of the pending criminal charges.  Alternatively, the defendant can waive his or her right to a jury trial and elect for a judge to hear the evidence and make the determination.

At the trial, the Commonwealth makes an opening statement which provides an overview of what the prosecutor expects the evidence to show.  Immediately thereafter, the defense attorney makes his or her own opening statement (but may elect to reserve the opening until the end of the government's case). 

Since the Commonwealth has the burden of proving its case, the prosecutor goes first and calls each of its witnesses.  The defendant may then cross-examine witnesses by questioning their ability to identify or recollect certain evidence.  Counsel for the defendant may also question or reduce the credibility of the witness; this is most-often done by showing prejudice or bias in the witness, such as his or her relationship or friendship with one of the parties, or his or her interest in the outcome of the case.

After the government has called its last witness, it rests its case.  It is then the defendant's turn to put on his or her case, although, due to the burden of proof, the defendant may decide not to call any witnesses.

Following all of the testimony, each party - beginning with the defendant - makes a closing argument.  If applicable, the judge then instructs the jury on how to go about deliberating in order to come back with a verdict.

The Massachusetts criminal process is not easy to comprehend, and even small mistakes can lead to costly consequences.  This is why it is always in the person's favor to work with a reputable criminal defense attorney.  The attorneys from The Massachusetts Criminal Defense Group can inform you of your legal options, protect your rights, and serve as your advocate throughout the process.  Contact us online or call (800) 461-6900.