What happens when you have a criminal charge?

In order for the prosecution to move forward on a criminal charge they must have probable cause to believe that the alleged crime was committed and that the defendant was the individual committing that offense.  If the criminal charge is a misdemeanor, with some exceptions, the facts of the case must first be referred to a Clerk Magistrate’s hearing to determine whether probable cause exists for the formal criminal charge.  If the defendant is being charged with a felony or some various misdemeanor offenses, including domestic violence charges, then the criminal charge can be reviewed and issued without a formal hearing.

The first date in court is called an arraignment.  An arraignment is when the court advises the defendant of the criminal charge against him and places any bail or pre-trial conditions of release on said individual.  If the defendant is released on bail, the court will likely advise the defendant of what is called a bail warning.  The bail warning advises the defendant that he/she must appear for all hearings and not commit any new offenses or else risk being held by the court in custody for a period of time.

Once arraigned, the defendant has the right to understand the case against him by requesting the evidence that the Commonwealth has in support of their case.  This portion of the case is called the discovery phase and requires the Commonwealth to provide any information in their care, custody or control that is mandated by the Massachusetts Rules of Criminal Procedure Rule 14 to be turned over to the defendant.  The Commonwealth must comply with any affirmative requests and mandatory discovery by the compliance and election date.

In any case, there are both legal and factual defenses.  The legal defenses implicate the actions the police took with respect to the case and whether those actions were constitutionally permissible.  Factual defenses relate to the specific facts of the case and whether the facts as conveyed through Commonwealth witnesses will support the criminal charge issued against the defendant.  Legal defenses are the basis of a motion to suppress hearing, while factual defenses generally are relevant at trial (or in rare cases a Motion to Dismiss).  It is extremely important to evaluate the case in full to determine the best defenses available in any particular situation.

If you have a criminal charge and need an experienced criminal trial attorney to represent you, contact Criminal Lawyer Kristen Bonavita at 978-376-6746.