Trial in Criminal Cases in Massachusetts

When your case goes to trial, everything’s on the line, from your freedom, to your future, to your reputation. Whether you’re facing a misdemeanor or a serious felony, standing trial in Massachusetts can be overwhelming. The courtroom process is formal, structured, and unforgiving—and it moves fast once it starts.

At Fogarty Law, we believe knowledge is power. The more you understand what to expect, the better positioned you’ll be to make smart, strategic decisions.

This blog breaks down the criminal trial process in Massachusetts, step by step, and explains how working with a skilled criminal defense lawyer can protect your rights and improve your outcome.

What Is a Criminal Trial in Massachusetts?

A criminal trial is the formal courtroom proceeding where the Commonwealth attempts to prove that you committed a crime—and where your defense attorney fights back. Not every criminal case goes to trial. Many are resolved earlier in the process through dismissal, diversion, or plea negotiations.

But if those paths don’t apply or aren’t in your best interest, your case will move forward to trial.

In Massachusetts, criminal trials are governed by the Massachusetts Rules of Criminal Procedure and follow a strict structure. A trial can be heard either by a judge (bench trial) or by a jury, depending on the type of charge and the defendant’s preferences.

Types of Criminal Trials in Massachusetts

There are two main types of criminal trials in Massachusetts:

Jury Trials

These are more common for serious charges. A group of your peers listens to the case and decides the verdict. You have a Constitutional right to a jury trial if you’re facing potential incarceration.

Bench Trials

In a bench trial, the judge decides both the law and the facts. These are often used in cases involving technical defenses or when the legal issues are complex. Your attorney may recommend this route if the facts are particularly sensitive or if a jury may be swayed by emotion.

Which trial format applies depends on the severity of the charges and the court where your case is being heard. For example:

• Misdemeanor trials often happen in District Court
• Felony trials typically take place in Superior Court

Your attorney will walk you through the pros and cons of each format and help you decide what’s in your best interest.

What Are the Stages of a Criminal Trial in Massachusetts?

Every trial unfolds in a series of clearly defined steps. While each case is different, the stages below are standard in most Massachusetts criminal trials:

1. Jury Selection (If Applicable)

If your case is going before a jury, the process begins with voir dire, where potential jurors are questioned about potential biases. Each side can challenge certain jurors to ensure a fair trial. Massachusetts criminal jury trials typically involve six jurors for misdemeanors and 12 for felonies.

2. Opening Statements

Both the prosecution and defense give a brief preview of the evidence and arguments they plan to present. At this stage, no specific evidence is presented. That comes next.

3. Presentation of Evidence

The prosecution goes first. They’ll call witnesses, introduce exhibits, and attempt to prove each element of the alleged crime. Your defense attorney can cross-examine every witness and challenge the evidence at every step.

After the Commonwealth rests, the defense may present its own case—but is not required to do so. The burden of proof remains entirely on the prosecution.

4. Closing Arguments

Both sides recap their key points and try to persuade the judge or jury one final time.

5. Jury Instructions and Deliberation

In a jury trial, the judge provides legal instructions before jurors begin deliberating. They must weigh the facts and reach a unanimous verdict in criminal cases.

6. Verdict

If the jury (or judge, in a bench trial) finds you “not guilty,” the case ends immediately in your favor. If you’re found guilty, the case proceeds to sentencing.

How Is Guilt Determined in a Criminal Case in Massachusetts?

In every Massachusetts criminal trial, the prosecution must prove that you’re guilty beyond a reasonable doubt—the highest burden of proof in the legal system.

This means the evidence must be so convincing that there’s no other reasonable explanation than that you committed the crime. If even one juror (in a jury trial) or the judge (in a bench trial) has doubt, you should be acquitted.

Importantly, you are not required to testify, and your silence cannot be used against you. You also have the right to challenge every piece of evidence the prosecution presents, including:

• Police reports
• Expert witnesses
• Eyewitness testimony
• Scientific or forensic evidence (such as DNA or drug tests)

These types of evidence must meet strict legal standards—and as your attorney, Courtney will use every opportunity to expose flaws, gaps, or mishandling.

If your rights were violated or if the evidence was improperly collected, she can move to suppress that evidence and prevent it from being used against you at trial.

How a Criminal Defense Lawyer Helps During Trial

When your freedom is at stake, strategy matters.

Courtney K. Fogarty is a former prosecutor who’s handled hundreds of cases from both sides of the courtroom. She knows how the Commonwealth builds its arguments—and exactly how to dismantle them.

As your Massachusetts criminal defense attorney, during trial, Courtney will:

• Prepare you and any witnesses for court
• Object to improper evidence or questions
• Present alternative explanations for what happened
• Argue for dismissal or acquittal based on legal grounds
• Negotiate behind the scenes when it’s in your best interest
• Cross-examine prosecution witnesses and challenge their credibility

Most importantly, your attorney will be your advocate. Trial is emotionally intense, fast-moving, and high-stakes. You need someone who knows how to stay calm under pressure and fight relentlessly for the best possible outcome.

What Happens After Trial in a Massachusetts Criminal Case

If you’re found not guilty, you’ve been acquitted—and you won’t have a conviction on your record.

But it’s important to know that the charge itself may still appear in your CORI (Criminal Offender Record Information) unless you take steps to have it sealed or expunged. If your case involved multiple charges, the outcome of each charge could impact your record differently.

If you’re found guilty, the next phase is sentencing. In some cases, that happens immediately. In others, the judge may schedule a separate sentencing hearing.

You may still have legal options. If errors were made during trial, your attorney can help you file an appeal with the Massachusetts Appeals Court or Supreme Judicial Court. But those processes are complex—and time-sensitive.

Appeals must be filed within 30 days of sentencing, and only certain types of legal errors can be challenged. Courtney will review your trial record and advise you on whether an appeal is likely to succeed.

Contact Fogarty Law for Aggressive, Experienced Trial Defense

Winning a favorable outcome during a criminal trial isn’t as simple as explaining the facts. It comes down to how the details are presented, interpreted, and challenged in court.

Attorney Courtney K. Fogarty has spent over a decade defending clients in Massachusetts courtrooms. She builds every defense from the ground up, based on the facts, your goals, and the courtroom she’s walking into. When trial is unavoidable, she’s the attorney you want in your corner.

Don’t wait until your trial is looming. Call Fogarty Law today at (508) 317-0339 to schedule your free 60-minute case evaluation and get started on a defense that works as hard as you do.