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                           Pre-trial, the next court appearance after Arraignment

 

Whether you were arrested or not, the principal purpose of your first appearance in the District Court after a criminal Complaint has issued against you, or in the Supreior Court after an Indictment has been returned against you, will be to conduct an Arraignment. 

Other matters may be addressed.  I advise everyone charged with any criminal offense in the Superior Court to consult with

a criminal defense lawyer.  The remainder of what is said here pertains only to the District Court

 

In some cases, the next step after arraignment could be a hearing of some sort.  For instance, a bail hearing might follow arraignment almost immediately.  In some serious cases a "dangerousness hearing" might be scheduled, either immediately or within a few days after arraignment. Either a bail hearing or a dangerousness hearing could result in a deprivation of your liberty.  Some cases might be resolved on day of the arraignment, usually after negotiations with a prosecutor.   However, in the great majority of cases, a defendant (the person charged with a crime) is released by the District Court under an obgligation to appear again for "Pre-trial," usually about three or four weeks later.   One purpose of the interval is to give the defendant time to consult with a criminal lawyer.  It is a good idea.

 

When you appear at court for "Pre-trial," you (or your defense lawyer) will discuss your case with a prosecutor.  There is little pressure at the Pre-trial.  The meeting with the prosecutor is somewhat informal.  Many things might be discussed.  Some cases are completely resolved at the first "pre-trial" (this can only happen upon terms that you are willing to accept).   But often a return to court is necessary.  Your defense lawyer might present a Motion to Dismiss the Complaint for various legal reasons, or a Motion to Suppress some or all of the evidence against you, or a motion to obtain more information about the case, etc.   Eventually, if the case has not been resolved or dismissed, you have a right to a trial.

 

copyright 2014

Russell J. Redgate

 

© 2014 by Russell J. Redgate.

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DISCLAIMER: In accordance with the rules established by the Supreme Judicial Court of Massachusetts, this website must be labeled "advertising."  It is designed to provide general information and should not be construed as legal advice, or legal opinion on any specific facts or circumstances.  The information this site contains should not be construed as legal advice or the offering of legal advice outside the context of an attorney-client relationship.

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