For many people charged with a crime, entering the court system is almost as nerve wracking as the potential sentence. When you are not accustomed to the courtroom players and procedures, it can all be extremely intimidating. Now more than ever you need someone on your side that knows what’s going on and how to help you.Criminal Charge in Massachusetts? Call Attorney Russell Matson at (781) 817-6332.
Whether you are facing misdemeanor possession charges or a more serious felony charge, having an experienced local defense attorney can bring major reassurance during this unsure time.
From your arrest to your trial, your case will never be identical to the next persons. However, because of laws and procedures, most cases follow the same basic steps.
While not all cases begin with an arrest, the vast majority do. You arrest will likely involve a search of your person and at some point, the reading of your Miranda Rights. Hearing those words directed at you for the first time feels vastly different than hearing them on television.
Following your arrest you will be taken to the jail where you will be processed.
Show Cause/ Clerk’s Magistrate’s Hearing
A Clerk Magistrate’s hearing is where the state must show that they have sufficient evidence to charge you with a crime. If you weren’t arrested but were mailed or issued a criminal summons, you will have a show cause hearing.
Attorney representation at a Clerk’s Hearing can be critical, as it is a chance to win your case before it even gets started, or plan your defense strategy based on the evidence the prosecutor presents.
See our Clerk Magistrate’s hearing page for more details about how I very often win these hearings for my clients.
Your arraignment is where you will be brought before the court and formally informed of the charges against you. This is where you will have your first opportunity to enter a plea. Typically, if you do not have an attorney present by this time, the court will enter a plea of “not guilty” on your behalf.
Finding an attorney to walk you through all of the stages of the criminal court process is crucial and the sooner you do so, the better. Entering a plea is a serious matter and shouldn’t be taken lightly. Contact me today for some free legal advice on your case and how you should best proceed.
While it can be helpful to have your attorney present at the arraignment, it isn’t absolutely necessary. But you should be planning to hire an attorney soon.
At the arraignment, the judge will likely also visit the issue of bail.
Bail can be set when you are initially arrested and also set or revisited during many stages of the court process. Essentially, bail is the court’s way on ensuring you will return for future court dates. You put forth a sum of money and when you fulfill your obligation to the court, that money can be returned to you.
There are several things the judge will consider when issuing bail.
Because your bail is your promise to return, the judge wants to ensure you are a good candidate for returning before letting you out of jail. The charges against you, your ties to the community, and your employment and residential situation may all be taken into consideration.
If the judge believes you will return with no issues, you may be released on your own recognizance or what is commonly referred to as an OR bond. This simply means no money exchanges hands and your verbal commitment to return is sufficient.
The pretrial conference is a meeting between you, your attorney, and the prosecution. Here court documentation will be processed and several aspects of your case can be discussed. This is also the most likely point in your case for a plea agreement to happen.
The majority of criminal cases end in a plea bargain and never make it to trial. A plea bargain is when the prosecution agrees to lower the charges against you or recommend a more lenient sentence in exchange for a guilty plea or a CWOF (Continuance Without Finding). The decision to move forward with any plea bargain should only be done after consulting with your attorney.
A CWOF is similar to a “no contest” plea and is not the same as admitting guilt. If the prosecution agrees to a CWOF you are essentially admitting that there is evidence suggesting you committed the crime in question, and that evidence is sufficient to find you responsible.
A CWOF can look better than a guilty plea on your criminal record and that is largely why it is used. You can legitimately claim that you have not been convicted of a crime if you took a cwof. However, if you find yourself in trouble again, a cwof will absolutely be considered a prior offense.
Other PreTrial Hearings
Before your case goes to trial, if it makes it that far, there are many potential additional hearings that it can go through. The majority of these are known as “motion hearings” and involve evidence admissibility, among other things.
When a case goes to trial there are several stages it will go through. The criminal trial is an adversarial process, meaning it pits the prosecution against the defense, each taking turns arguing their side of the case. The trial will include:
- Opening Statements
- Presentation of Evidence
- Closing Statements
The longest part of the trial is the presentation of evidence as each side can continue to take turns, laying out their case and challenging what the other side has said. Here is your defense attorney’s time to point out errors in the prosecution’s case as the prosecutor attempts to prove you are guilty beyond a reasonable doubt.
If you are found guilty at trial, the judge may take up sentencing immediately, if it is a misdemeanor offense. With felony charges, it is more common to postpone sentencing for a later court date. There are many things taken into consideration during the sentencing process. Take a look on my page of criminal offenses for more information.
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