Attorney Jeffrey T. Karp

1. What is the difference between a felony and a misdemeanor in Massachusetts?

ANSWER: A felony is a crime for which a person may be sentenced to the Massachusetts State Prison. A misdemeanor is a crime which does not carry a potential state prison sentence; misdemeanors carry a potential House of Correction sentence or fine.

2. What is the difference between a House of Correction and a State Prison in Massachusetts?

ANSWER: In Massachusetts, there are two correctional institutions to which persons convicted of a crime may be sentenced. A House of Correction, or county jail, usually houses persons convicted of misdemeanors and certain felonies who are serving sentences of approximately two and one-half years or less. For example, a person who is sentenced to the House of Correction for a crime committed in Middlesex County would serve his or her sentence at the Middlesex County House of Correction in Billerica, Massachusetts. State prisons, which are located in towns such as Walpole, Shirley and Concord, Massachusetts, house persons convicted of serious felonies.

3. What Massachusetts courts are criminal cases usually filed in?

ANSWER: Massachusetts has two trial courts that handle adult criminal cases: District/Municipal Courts and Superior Courts. The Juvenile Court handles criminal cases brought against persons below the age of seventeen. There are 70 District and Municipal Courts in Massachusetts which have jurisdiction over all misdemeanors and certain felonies. There are 14 Superior Courts (typically one or two in each county) which have jurisdiction over all crimes, but usually hear serious felonies, such as drug trafficking, murder, and rape.

4. What is the procedure in Massachusetts for someone to be charged with a crime?

ANSWER: Generally speaking, there are four different ways for a person to be charged with a crime in Massachusetts. First, a person may be arrested by the police if the police witness the crime or have probable cause to believe that a crime has occurred. The arrestee is then usually brought to the local District/Municipal Court for an arraignment. Second, the police may file an Application for Criminal Complaint at the local District/Municipal Court if they have probable cause to believe that someone committed a crime. A “clerk’s hearing” is then conducted at which a clerk magistrate decides whether there is sufficient evidence (“probable cause”) for the criminal complaint to issue in the District/Municipal Court. Third, a civilian may go to the local District/Municipal Court that serves the area where the alleged crime occurred and file an Application for a Criminal Complaint. A clerk’s hearing will then be conducted and a clerk magistrate will determine whether there is sufficient evidence (“probable cause”) for the criminal charges to issue. Fourth, the District Attorney may submit evidence to a grand jury sitting in the county where the crime is alleged to have occurred and seek an indictment in Superior Court against the suspect. This usually occurs in serious cases.

5. What should I do if I am arrested in Massachusetts?

ANSWER: The best advice is to be polite and respectful to the police officer and provide your name, date of birth, and address. However, you have a constitutional right to refuse to provide any additional information to the police, and it is recommended that you remain silent. You have a legal right to make a telephone call. It is recommended that you do so to retain an attorney as soon as possible.

6. If the police fail to read me my rights to remain silent, etc., will the charges get dismissed?

ANSWER: If you decide to speak with the police and the police fail to read you your rights, this does not mean that your case will automatically be dismissed by the court at a later date. At most, the court may decide to “suppress” your statement to the police, or throw out your statement to the police and not allow it to be admitted at trial. The Court may also suppress any evidence that the police gathered from your statement.

7. What is an arraignment?

ANSWER: An arraignment is your first appearance before the court in a criminal case. You will be read the charges and a plea of not guilty will be entered on your behalf. The court will then determine whether or not you will be released or whether you will need to post bail in order to be released.

8. What is a pretrial conference?

ANSWER: In Massachusetts, a pretrial conference is a meeting that occurs between your attorney and the prosecutor, or assistant district attorney, during which they discuss whether or not the case can be resolved, or whether the case is likely going to trial. They also discuss what if any “discovery” (i.e., evidence) will be exchanged by them. During the meeting, your lawyer and the assistant district attorney will prepare a pretrial conference report. This report is a standardized form that sets forth the agreement between your attorney and the assistant district attorney related to the exchange of discovery.

9. What is a pretrial hearing in Massachusetts?

ANSWER: A pretrial hearing usually occurs after the pretrial conference. It is an opportunity for the judge to intervene if there are any remaining discovery issues and to set a trial date. Pretrial conferences and pretrial hearings are often conducted on the same date in District/Municipal Courts, and on different dates in Superior Court.

10. What is a “plea bargain” and how does it work in Massachusetts?

ANSWER: In Massachusetts, unless the crime that is charged carries a minimum mandatory jail/prison sentence established by the legislature, the Judge always decides what the sentence or punishment will be. Plea bargaining simply refers to the process when an attorney and the Assistant District Attorney attempt to negotiate a sentence or punishment that will be presented to the Judge for his/her decision on whether he/she would impose the punishment agreed upon. However, in criminal cases that are filed in the Massachusetts District/Municipal Courts, all defendants have a right to submit a written request to the Judge for a particular sentence to be imposed in the case, whether or not the Assistant District Attorney agrees with the sentence/punishment. The Assistant District Attorney may agree to the defendant’s proposal or he/she may file a written request for a different sentence. A District Court Judge will then determine whether the sentence requested by the defendant is acceptable to him/her. If the sentence is acceptable to the Judge in the District/Municipal Court, the sentence requested by the defendant will enter. If the Judge decides not to adopt the sentencing recommendation made by the defendant, the defendant may withdraw his or her sentencing request and proceed to trial. Different rules apply in cases that are brought in the Massachusetts Superior Courts, and in cases in which a defendant is charged with an offense that carries a minimum mandatory sentence, such as certain drug offenses.

11. What happens at a criminal trial in Massachusetts?

ANSWER: A person charged with a crime in Massachusetts has the right to proceed to trial and have a jury or a judge determine whether he/she is guilty of the crime charged. When a person is charged with a crime and requests a trial on the charges, the Assistant District Attorney must prove beyond a reasonable doubt that the person charged committed the offense. The accused has absolutely no obligation to present any evidence on his or her behalf because the prosecution has the sole burden to prove its case beyond a reasonable doubt. A person charged with a crime is not obligated to testify at the trial, although he or she may decide to do so. The prosecution will present its case through the live testimony of witnesses and the presentation of documents and other evidence. The accused’s lawyer may cross-examine the witnesses and present witnesses on behalf of the accused.

Attorney Karp provides the best criminal attorney and divorce attorney representation to clients located throughout Massachusetts and New Hampshire including the cities and towns of: Boston, Cambridge, Somerville, Medford, Malden, Stoneham, Brookline, Newton, Framingham, Quincy, Brockton, Lexington, Arlington, Watertown, Brighton, Allston, Dorchester, Roxbury, Mattapan, South Boston, Charlestown, East Boston, Revere, Winthrop, Lynn, Salem, Peabody, Danvers, Newburyport, Amesbury, Andover, Haverhill, Lawrence, Lowell, Wilmington, Essex County, Middlesex County, Norfolk County, Suffolk County, Woburn, Bedford, Acton, Wellesley, Waltham, Dedham, Gloucester, Hamilton, Wenham, Boxford, Ipswich, Newbury, North Andover, Bradford, Chelmsford, Tewksbury, Milton, Methuen, Salisbury, Melrose, Lynnfield, Beverly, Winchester, Saugus, Swampscott, Manchester, Derry, Strafford County, Rockingham County, Hillsborough County, Portsmouth, Seabrook, Exeter, Dover, Nashua, Rochester, Merrimack County, Brentwood, Plaistow, and Newington.