What Do You Do If You Are On Trial For a Crime in Massachusetts?

Any Massachusetts state resident accused of a crime is typically advised to get a legal advisor before responding to questions likely to cause them to self-implicate. Severe cases (like those that may lead to a jail sentence of over 2.5 years) are typically heard in the superior court, while the district court caters to the less severe ones. Arrestees in the state have the right to a lawyer and will be required to enter a plea on that lawyer’s advice.

Defendants without a lawyer are generally expected to request and fill out a waiver of counsel form. At the pre-trial conference, the lawyer and the investigator will exchange information concerning the case. Either party can file motions or set a date to do so. This may include motions to prevent the use of specific evidence or a motion to dismiss the case, depending on the issue’s seriousness.

Massachusetts criminal records may also be accessible through third-party websites. These sites may offer the convenience of a statewide database where individuals can perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

What Percentage of Criminal Cases Go To Trial In Massachusetts?

According to the 2019 report of the Massachusetts Court System, the state’s trial courts recorded 306,802 criminal case filings. The total number of criminal charges was 322,585, covering personal crimes, weapons, drugs, property crimes, motor vehicle theft, etc. According to that report, only 4.42% of cases reached trial in that fiscal year. In most cases, this was the result of the lack of evidence. When a suspected criminal prevails at the preliminary trial, prosecutors frequently opt not to refile charges. However, a larger percentage of the cases are settled in a plea bargain.

When Does a Criminal Defendant Have the Right to a Trial?

Pursuant to section 18 of the Massachusetts Legislature, every criminal defendant has the right to be present throughout all court hearings. The defendants are also allowed to waive that right, as stated in Section 19 of the legislature. However, this is only effective if the judge deems such a waiver voluntary and knowing. Also, the trial waiver law only applies to district court jury sessions and the superior court.

What Are The Stages of a Criminal Trial in Massachusetts?

Criminal trials in Massachusetts follow the stages below:

• Choosing a jury: Defendants usually reserve the right to be judged by a jury comprising their peers. Thus, the defendant may seek justice by a bench trial or a jury trial. Most times, defendants decide to have a jury trial.
• Opening statements: Both parties will be called to make statements. Most times, the prosecutor gives the opening statement.
• Witness testimony & cross-examination: This is the stage where both parties present their primary evidence. Here, witnesses give their testimonies to the prosecutor while the defendant has the opportunity to cross-examine them.
• Closing arguments: Both parties are given a chance to summarize their case in this stage.
• Jury instruction: Here, a judge details the legal standards that the jury will need to make a fair judgment.
• Jury deliberation & verdict: This is the stage where the jury will discuss among themselves in a bid to reach an agreement on whether the defendant is guilty or not.

How Long Does it Take For a Case to Go to Trial in Massachusetts?

According to Massachusetts law, an accused should be tried in court within 12 months after arraignment. Time limits may be extended if the defendant agrees to continue. However, trial dates can extend longer if other cases are considered to be of higher priority. Certain factors determine a case's priority. For instance, older cases prioritize new cases, and defendants in custody are attended to earlier under section 35 of the state’s law.

What Happens When a Court Case Goes to Trial in Massachusetts?

Trials in Massachusetts generally start with the prosecutor’s opening statement. Afterward, the defense lawyer can likewise offer an opening statement or not. Witnesses are called, and both the prosecutor and defendant are allowed to direct-examine and cross-examine the witness, respectively.

After that, both parties will be allowed to make the closing arguments. Then the jury considers all the evidence and witness statements as they deliberate over the case to reach a unanimous verdict. Individuals also have the right to an appeal. However, in an appeal:

• The appellant can only make arguments in writing
• The appellant cannot bring in witnesses
• The appellant cannot tender new evidence
• Usually, new arguments are not allowed in an appeal

Can you be Put on Trial Twice for the Same Crime in Massachusetts?

No, an individual may not be made to face trial more than once for a crime in Massachusetts. This common law is guaranteed under the Double Jeopardy Clause. However, according to the Dual Sovereignty Doctrine of the federal constitution, if a single act breaches two states’ laws, the system treats it as different offenses. Therefore, the double jeopardy clause has not been conflicted. Matters of this kind are entirely at the discretion of the particular prosecutor. Another state having a case against an offender could decide that a verdict from the first state is adequate, so it wouldn’t automatically mean more than one state will bring charges.

How Do I Look Up a Criminal Court Case in Massachusetts?

Interested parties may gain access to the Massachusetts trial court dockets online or in person. To access the records in person, the requester will need a public terminal computer available at all courthouses in the state and the registry of deed sites (county). The public access computers display search results, such as disposition details, dockets, events, case information, and the included party. However, actual case documents are not revealed and can only be accessed at the appropriate register, recorder, or clerk’s offices.

How to Access Electronic Court Records in Massachusetts?

Some trial court dockets can be obtained online from the Trial Court Electronic Case Access (Massachusetts) website. Requesters can search for court dockets by using:

• The name search tab
• The case type tab
• The case number tab
• Citation/ticket number tab

Requesters can visit the Massachusetts government website for further details on how to view court case files. If an interested party is searching for an old court record, it may be accessed from the Massachusetts Court Archives portal. Alternatively, many third-party sites keep court case records.

How Do I Remove Public Court Records in Massachusetts?

In Massachusetts, individuals with criminal records may file a motion to seal those records. Interested Massachusetts residents filing with the BMC (Boston Municipal Court) generally have the privilege to file non-criminal court records from multiple BMC divisions. Individuals can also file more than three record dismissals with them. An individual petitioning to seal a record may either fill out a conviction records form or a non-conviction records form. It is also advisable to submit either of these forms and any document that can help convince the court to seal the record.