You’ve Been Arrested. Here’s What To Expect
If you have been arrested or charged with a crime in Massachusetts, the best thing you can do is get educated on what to expect. The best place to get that education is through a seasoned criminal defense attorney who has defended similar cases.
Look for a criminal defense lawyer who responds quickly to your call, shows genuine interest in your case, and has a confident presence. They should be patient and willing to educate you about the law and your specific case.
The attorney you hire should know how the local court systems work - the way judges tend to rule on cases like yours and the strategies prosecutors use. They should investigate your case and evaluate your chances of success.
The legal processes in a Massachusetts criminal case are structured and follow the rules of criminal procedure. Here’s the general order of events that take place, depending on your case and your record.
Arrest
If you are arrested all of your personal details along with the crime you’ve been arrested for will be recorded at the police station. They will hold you at the station unless you are released on bail. If you get released, you have to promise to appear at the next court session. If you can’t make bail they will hold you until then. Not everyone is arrested. If you’re served a summons, you’ll be expected to appear in court on the date and time set forth in the summons.
Arraignment
The arraignment will take place in court. The clerk will read the offenses that you’ve been charged with. They will enter a plea of not guilty on your behalf.
Bail
The judge will set bail and then the clerk will read the bail warnings. You will be informed that if you are charged with another criminal offense while current proceedings are active, your bail may be revoked and you may be held for up to 90 days. Then the next court date will be set.
Pre-Trial Hearing
At the pre-trial hearing, your attorney will receive evidence from the Commonwealth and may file motions. Once your lawyer has all of the evidence from the Commonwealth they will again evaluate your case. It might be in your best interests to dispose of the case instead of taking the case to trial. That is called a plea agreement.
Plea Agreement
If going to trial is not in someone’s best interest, they can enter into an agreement with the prosecution. Often someone will plead to a lesser offense than the offense originally charged. The individual regularly receives a lighter sentencing in exchange for not fighting the original charged offense. Any agreement will need to be approved by a judge.
Plea agreements are not right in every case. When they are, here are some of the benefits:
The criminal process ends quickly
Jail can often be avoided
Lesser offenses and reduced charges look better on your record
If an agreement cannot be reached or a plea agreement is not in an individual’s best interest, a trial will be held. The vast majority of criminal cases never actually make it to trial.
Criminal Trial
At trial the Commonwealth presents its evidence and the defense will mount a vigorous defense challenging the Commonwealth’s witnesses. At the close of evidence both sides will present closing arguments. Then the jury has the case and will decide the verdict - whether the defendant is guilty or not guilty.
At Attorney Jim Brady & Associates, PC, we understand that being charged with a criminal offense can be a stressful experience. Depending on the charge, you might be facing incarceration, fines, or the loss of your license. You need to hire attorneys you can trust, who know the law and how to navigate the criminal justice system.
As seasoned criminal defense lawyers we fight to obtain the best possible outcome for you. Contact us today to discuss your criminal defense case.
