Being charged with any crime, even a relatively small one, is serious. Let me offer a quick overview of how your criminal case may play out in the court system.
No criminal case goes to trial right away. There are always one or more pre-trial hearings, which are designed to ensure a fair process. In Massachusetts, the number and the nature of the pre-trial hearings may depend on whether you get charged in Superior Court (which is for more serious felonies) or in District Court (where the maximum possible sentence is two and a half years). I will limit myself here to the District Court, with which I am more familiar.
In the District Court, the first pre-trial hearing is called the arraignment. The court will formally tell you what you got charged with. If you can’t afford a lawyer, the court will appoint one.
The next hearing is called the pre-trial conference. This is where the prosecutor is supposed to provide your lawyer with copies of all the evidence against you.
The next hearing is called compliance and election. This is where the judge will make sure that both sides have done what the rules of procedure require, in terms of turning over evidence and identifying witnesses. The judge will verify if you are sticking to your constitutional right to a jury trial, or if you want to have a “bench” trial where the judge alone decides if you are guilty. (Whether to have a jury trial or a bench trial is a big decision, which you should discuss carefully with your lawyer.) At the end of the hearing for compliance and election, the judge will typically set a date for the trial.
All of that, on paper, is how things work. However, it is not always that simple. The prosecutor may ask for an extra hearing because they haven’t collected all their evidence. Your lawyer may want an extra hearing to file a motion to exclude certain evidence from the record (such as a confession, if the police questioned you without first telling you your rights).
Be aware that the majority of criminal cases get settled without having to go all the way to a trial. By the time you get to compliance and election (if not sooner), both sides usually have a good idea of whether they would expect the trial to have a favorable result.
You, the defendant, rarely if ever have to say anything at the pre-trial hearings. That is to your benefit.
If the charge against you involves an alleged victim (for example, assault and battery), that person does not have to attend the pre-trial hearings (though they have to be in court on the day of the trial).
Court hearings are not TV shows. Do not expect drama or Hollywood endings.
All this is a just a quick summary. Talk to your lawyer if you have questions or concerns.
Leave a Reply