Arrested in Massachusetts: Criminal Case Process Overview

Getting arrested is never a pleasant experience. Even in the best-case scenario, you’ve still got a long road ahead to prove your innocence.

And that road is littered with obstacles.

Court dates, hearings, motions, and mountains of paperwork will all need to be handled with focused caution. One mistake can result in hefty fees or fines, plus a litany of other consequences.

You’re not alone in wondering “What happens if I’m arrested in Massachusetts?” The Fogarty Law team has over a decade of experience in both the District and Superior Court of MA. That’s why we compiled this guide. When you know what to expect, you stand a better chance of faring well in court.

Felony Charges in MA

If you’re charged with a felony in Massachusetts, the process looks like this:

1. Arraignment in District Court

Most of your felony case will be handled by the Superior Court. But first, the law requires a formal arraignment in District Court. You’ll be formally read your charges at this time, and the defendant may have the opportunity to negotiate a plea deal.

2. Probable Cause Hearing

This hearing is necessary to determine whether there’s enough evidence to support your charges. Basically, it’s just a confirmation that there’s a valid basis for your arrest. Plea negotiations may continue during this stage.

3. Grand Jury

All of the information from your arraignment and probable cause hearing is presented to a grand jury. The identities of each jury member is secret, and neither you nor your attorney can participate.

The prosecutor presents everything to the grand jury, who then decides whether your case goes forward to Superior Court.

4. Arraignment in Superior Court

Your Superior Court arraignment will probably feel like déjà vu—it’s very similar to what you did in District Court. Your name will be called, your charges are formally read to you, you’ll plead not guilty, and the docket is updated.

That said, you should still have your defense attorney present. This helps everything run more smoothly for you, and ensures your rights aren’t violated.

Further plea negotiations may occur at this stage.

5. Pretrial Conference

The pretrial conference in Superior Court is often more formal than in District Court. Both sides formally discover and exchange information related to your case. There will also be discussion about any motions your lawyer is planning to file, number of witnesses, and other details. Plea discussions may continue during this stage.

6. Motions Hearings

This is required for substantial motions, such as Motion to Dismiss your case or Motion to Suppress Evidence that was mishandled. Motion hearings in Massachusetts aren’t part of every felony case, but they are common. A skilled MA criminal defense attorney will explore every possible avenue to have your case dismissed. Plea negotiations can still occur during this stage.

7. Compliance and Election

These are more like deadlines than appearances. Compliance means the date by which both sides must comply and exchange all evidence. Election is when you “elect” (or select) your trial date. You’ll often do both on the same day during what’s called “C & E.” Plea deals may also be discussed and finalized during this stage.

8. Verdict and Sentencing

If the verdict is guilty, the judge must decide your sentence. They’ll take every detail of your past and your case into consideration. There are also laws in place to guide the minimum and maximum penalties.

If you’re found not guilty, you can finally breathe easy again and move on with your life.

If a plea deal has been reached, this is when the sentence agreed upon in the deal will be confirmed

Misdemeanor Charges in MA

If you’re charged with a misdemeanor in Massachusetts, here’s what to expect:

1. Arraignment in District Court

After your arrest, you’ll receive a court date for your arraignment. This will be your first court appearance. No juries or witnesses this time, though—the purpose is to officially inform you of the charges against you. Plea negotiations may begin at this stage.

2. Pretrial Hearing

A pre-trial hearing in Massachusetts is a court proceeding that takes place before a trial. The pretrial hearing is often actually several meetings, not just one. The purpose of the hearing is for the judge to review and address any issues or motions that have been filed by the prosecution or defense, such as motions to suppress evidence or dismiss the charges.

Both sides will exchange all relevant evidence and information so they can construct their arguments for court. This includes everything from witnesses to forensic testing. The judge may also set a trial date and make decisions about bail or other pretrial release conditions during the hearing.

Plea discussions may continue during this stage.

3. Compliance and Election Hearing

“Compliance” means the due date for all information to be exchanged—in other words, the cutoff date to comply with the other side.

Then, you’ll “elect” which kind of trial you want—one with a jury, or just a judge.

Plea deals may also be discussed during this stage.

4. Motion Hearings

These hearings are how your lawyer and the prosecution ask the judge for specific things to happen. This could be a “discovery motion,” where you ask for specific details from the prosecutor. Another common type is a “motion to dismiss,” meaning your lawyer believes there’s a technical legal reason to dismiss the charges against you. Plea negotiations can still occur during this stage.

5. Trial

At your trial, it’s on the prosecution to prove beyond reasonable doubt that you indeed committed the crimes you’re accused of. They do so by presenting enough evidence to convince the judge and/or jury.

You and your lawyer will work to break down the prosecution’s case and prove your innocence. The judge is the ultimate referee, as they have the final say on what’s allowed to be considered evidence.

If a plea deal is being negotiated, it may be finalized at this stage.

6. Verdict and Sentencing

If you’re found guilty, the judge must determine your sentence, or punishment. They’ll consider all the details of your case and your criminal record to make this decision. Both sides will argue to the judge as to what they think is fair.

You can always appeal a court’s decision to a higher court. If the higher court finds that your case was mishandled, you’ll have a new trial or have your case dismissed.

If a plea deal has been reached, this is when the sentence agreed upon in the deal will be confirmed.

What is an Arraignment in Massachusetts?

An arraignment in MA is the first step in criminal legal proceedings.

When you arrive at the court, you’ll be expected to check in with a probation officer. They typically ask you for basic identifying info in order to pull your records. But if you’ve already hired legal representation, just let the officer know upfront.

From here, you’ll be directed towards your appointed courtroom and wait for your case to be called. At Fogarty Law, we recommend pleading not guilty. Then the judge will set your bail and any other conditions they feel are necessary, like wearing a GPS monitoring bracelet.

The judge has the final word on these details.

What is a Pretrial in MA?

A pretrial in MA is a hearing between the prosecutor and your attorney. Both sides will discuss any evidence, documents, etc. which need to be shared. It’s illegal to purposely leave anything out at this stage.

You’ll also hear the word “discovery” a lot during this time. Discovery just means the formal process of your attorney and the prosecution exchanging information. The ultimate goal here is avoiding “trial by ambush” for both sides, which means your attorney or the prosecution isn’t aware of all evidence before the trial.

What is a Trial in Massachusetts?

In Massachusetts, a trial is when you and the prosecution officially go before the judge, make your cases, and receive a verdict. You can choose a bench trial, which has no jury and just a judge, or a jury trial with a judge and jury. Your attorney will advise on the best choice for you.

It’s on the prosecutor to prove that you committed the crime beyond a reasonable doubt. You and your attorney will present your own evidence, witnesses, and cross-examinations to disprove the other side.

If you’re found guilty, you’ll be sentenced. If you’re found not guilty, you can refocus on living life and put all of this behind you.

What You Should Do if You’re Arrested in MA

If you’re arrested in Massachusetts, there are several things you should do. During the arrest, don’t resist and don’t try to chat with the police. Law enforcement officers know both of these scenarios are an opportunity to further incriminate you.

You’ll be allowed to make one phone call from the police station in most cases. Keep your call short and don’t discuss details. These calls are almost always recorded and can be used as evidence in court. Ask for an attorney or bail money, and leave it at that.

Finally, hiring an aggressive and successful MA criminal defense attorney is the best thing you can do. At Fogarty Law, we’ve successfully defended our clients in both District and Superior Court for over 10 years.

Frequently Asked Questions About the Criminal Case Process in Massachusetts

What happens if I’m arrested for a criminal offense in Massachusetts?

If you are arrested for a criminal offense in Massachusetts, you will be taken into police custody. Following this, you could be released with a summons to appear at court at a later date, or you might be held in jail until a bail hearing. The police may question you but you have the right to remain silent and to have an attorney present.

What are the steps in the felony charges process in Massachusetts?

The felony charges process in Massachusetts involves the following steps:

• Arraignment in District Court
• Probable Cause Hearing
• Grand Jury
• Arraignment in Superior Court
• Pretrial Conference
• Motions Hearings
• Compliance and Election
• Verdict and Sentencing

Each of these steps involves different procedures and legal considerations. Please contact us to schedule a free consultation and to learn more.

What happens at an arraignment in a District Court?

At the arraignment in District Court, you’ll be formally read your charges. If you’ve already hired legal representation, you should let the probation officer know upfront. The judge will then set your bail and any other conditions they feel are necessary, like wearing a GPS monitoring bracelet.

What is a probable cause hearing?

A probable cause hearing is necessary to determine whether there’s enough evidence to support your charges. It’s essentially a confirmation that there’s a valid basis for your arrest.

How does the Grand Jury process work in Massachusetts?

In the grand jury process, all of the information from your arraignment and probable cause hearing is presented to a grand jury. The prosecutor presents everything to the grand jury, who then decides whether your case goes forward to Superior Court.

What is the Superior Court arraignment?

The Superior Court arraignment is very similar to the District Court arraignment. Your name will be called, your charges are formally read to you, and you’ll plead not guilty. The docket is then updated.

What happens during the pretrial conference in Superior Court?

The pretrial conference in Superior Court is a formal event where both sides discover and exchange information related to your case. There will also be a discussion about any motions your lawyer is planning to file, the number of witnesses, and other details.

What are motion hearings?

Motion hearings are required for substantial motions, such as a Motion to Dismiss your case or a Motion to Suppress Evidence that was mishandled. These are not part of every felony case, but they are common.

What is the purpose of the compliance and election process?

The compliance and election process is more like a deadline. Compliance is the date by which both sides must comply and exchange all evidence. Election is when you “elect” (or select) your trial date. You’ll often do both on the same day during what’s called “C & E”.

What happens during verdict and sentencing?

If the verdict is guilty, the judge must decide your sentence. They’ll take every detail of your past and your case into consideration. There are also laws in place to guide the minimum and maximum penalties. If you’re found not guilty, you can finally breathe easy again and move on with your life.

What are the steps in the misdemeanor charges process in Massachusetts?

The misdemeanor charges process in Massachusetts involves the following steps:

• Arraignment in District Court
• Pretrial Hearing
• Compliance and Election Hearing
• Motion Hearings
• Trial
• Verdict and Sentencing

Each of these steps involves different procedures and legal considerations.

What is a pretrial hearing in Massachusetts?

A pretrial hearing in Massachusetts is a court proceeding that takes place before a trial. The purpose of the hearing is for the judge to review and address any issues or motions that have been filed by the prosecution or defense. Both sides will exchange all relevant evidence and information so they can construct their arguments for court.

What happens during a compliance and election hearing?

“Compliance” means the due date for all information to be exchanged—in other words, the cutoff date to comply with the other side. Then, you’ll “elect” which kind of trial you want—one with a jury, or just a judge.

What happens during a trial in Massachusetts?

At your trial, it’s on the prosecution to prove beyond reasonable doubt that you indeed committed the crimes you’re accused of. They do so by presenting enough evidence to convince the judge and/or jury. You and your lawyer will work to break down the prosecution’s case and prove your innocence.

Can I appeal a court’s decision in Massachusetts?

Yes, you can always appeal a court’s decision to a higher court. If the higher court finds that your case was mishandled, you’ll have a new trial or have your case dismissed.

What happens when I check in with a probation officer at the court?

When you arrive at the court, you’ll be expected to check in with a probation officer. They typically ask you for basic identifying info in order to pull your records.

What should I do if I’ve already hired legal representation before arraignment?

If you’ve already hired legal representation before arraignment, you should let the probation officer know upfront when you check in at the court.

What are the possible conditions set by the judge during an arraignment?

The judge has the final say on the conditions set during an arraignment. They can decide on your bail and any other conditions they feel are necessary, like wearing a GPS monitoring bracelet.

What is a pretrial in Massachusetts?

A pretrial in Massachusetts is a hearing between the prosecutor and your attorney. Both sides will discuss any evidence, documents, etc., which need to be shared. It’s illegal to purposely leave anything out at this stage.

What is the discovery process during a pretrial in Massachusetts?

The discovery process during a pretrial is when your attorney and the prosecution exchange information. The ultimate goal here is avoiding “trial by ambush” for both sides, which means your attorney or the prosecution isn’t aware of all evidence before the trial.

For more information, please call us now—we’re available 24/7. Call (508) 317-0339 to book your free case evaluation.