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3 Stages of Criminal Case Prosecution in Massachusetts

Posted on : December 22, 2022
criminal case prosecution in Massachusetts, Criminal Record, DUI

3 Stages of Criminal Case Prosecution in Massachusetts

Criminal case prosecution goes through several procedural steps in Massachusetts. During your case, the judge and attorneys will hear references to these terminologies. The District Court system handles many criminal prosecutions in Massachusetts, and the Massachusetts Superior Court, which has its rules and sanctions, handles more serious matters. The following are the 3 stages of criminal case prosecution in Massachusetts.

Arrest/ Summon

An arrest is made when a suspect is taken into custody by the police after being suspected of breaking the law. The police will question the accused person while on the site and will question witnesses about what transpired. It is typically better for the accused to refrain from speaking to the police because this remark could be used against them or in their favor at trial.

The suspect reports to the police office to be booked following an arrest; they are fingerprinted, photographed, and asked a series of standard questions about their identity, address, etc. The Miranda warnings—which include the right to stay silent, the right to an attorney, the right to an attorney without payment if the person cannot afford one, and the right to end questioning at any time—will be read before any further questioning begins.

Plea Bargain

The defense and the prosecution may discuss plea agreements in several different circumstances before a case gets to trial for criminal case prosecution in Massachusetts. This may occur when there is a compelling argument that the accused committed the crime and has confessed to it or when it is likely that the case will be resolved so that the accused will not receive a criminal record because of the plea.

Court Procedures of Criminal Case Prosecution in Massachusetts

The accused is formally informed of the allegations against him or her at an arraignment, which is the first court appearance set after an arrest or summons. The accused will learn if extra bail has been imposed against them in addition to the amount already set by the bail commissioner, and the court will enter a plea on their behalf.

In every trial, the prosecution must establish the defendant’s guilt beyond a reasonable doubt. In the opening statement of a trial, the prosecution lays out the expected evidence it will present to prove its case against the defendant.

 

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