If you’ve been charged with a crime in Massachusetts, understanding the criminal arraignment process is crucial. This guide will walk you through what to expect, the steps involved, and how to prepare for your first court appearance.
What is a Massachusetts Arraignment?
An arraignment is the first formal step in the criminal court process. During this hearing:
- The charges against you are officially read.
- A plea is entered (typically “not guilty”).
- Bail or conditions of release may be determined.
- A date for the next court proceeding, such as a pretrial conference, is set.
How You Might End Up at an Arraignment
There are three common ways you can be required to appear for an arraignment:
- Arrest: If arrested, your arraignment usually occurs on the next business day.
- Summons: You may receive a summons ordering you to appear in court on a specific date.
- Clerk Magistrate’s Hearing: If probable cause is found during this hearing, a criminal complaint will be issued, and an arraignment will follow.
What Happens Before the Arraignment?
- Probation Department Check-In: You’ll provide personal information (e.g., name, address, employment details) to create your CORI (Criminal Offender Record Information). This record will be available to the judge and district attorney.
- Legal Preparation: It’s recommended to consult with an attorney before your arraignment. They can review your case and discuss potential strategies, such as resolving the case before it reaches this stage.
What to Expect During the Arraignment
- Charges Read: The clerk will formally read aloud the charges against you.
- Plea Entered: A “not guilty” plea is typically entered on your behalf unless you choose otherwise.
- Bail Determination: The judge may decide whether bail is required based on the severity of the charges and your criminal history. Options include:
- Personal recognizance (release without bail).
- Cash bail or conditions of release.
- Next Steps Scheduled: The court will set a date for further proceedings, such as a pretrial conference or trial.
Key Considerations
- Criminal Record Impact: An arraignment creates an entry on your CORI. Even if charges are dismissed later, this record remains unless sealed or expunged.
- Legal Representation: While not mandatory at this stage, having an attorney can help protect your rights and explore alternatives like pre-arraignment resolutions or continuances.
- Alternatives to Arraignment: In some cases, skilled attorneys may resolve charges before arraignment, avoiding a criminal record entirely.
Tips for Success
- Arrive early and check in with the probation office if required.
- Dress appropriately and remain respectful in court.
- Follow your attorney’s advice regarding plea options and bail discussions.
By understanding these steps and working with experienced a Massachusetts criminal defense attorney, you can navigate the arraignment process more effectively and protect your rights throughout the criminal justice system.
Massachusetts Criminal Lawyer
Patrick Donovan is a criminal defense attorney who aggressively represents the accused. Attorney Donovan is former prosecutor who has appeared handled many arraignments in Massachusetts. As a criminal defense lawyer Patrick Donovan has extensive experience representing people charged with both felony and misdemeanor crimes. If you or someone you know has been charged with a crime in Massachusetts contact attorney Donovan today for a free no obligation consultation
