Stage 1: The Clerk Magistrate’s Hearing (Show Cause Hearing)
This is a stage that many people are unaware of — and missing it can be a costly mistake.
When a citation for a misdemeanor is issued without an arrest, the person has a right to a show cause hearing before a clerk magistrate of the District Court, prior to a criminal complaint issuing. Critically, the person must take affirmative action to request this hearing: they must sign the citation requesting a hearing within four days of issuance, then await a date from the court.
At this hearing, the complainant must show probable cause that the defendant committed the alleged offense. If the clerk is not persuaded that probable cause exists, the complaint can be denied — and no charge ever enters the defendant’s record. Even when probable cause is found, the hearing often provides valuable information about the evidence the prosecution has and how it intends to present the case. Sometimes the clerk’s hearing creates an opportunity to negotiate a resolution without a criminal complaint being issued at all.
Many people learn about the availability of clerk’s hearings too late — after a complaint has already issued — because they did not realize the affirmative steps required. If you receive a notice of a clerk magistrate’s hearing, contacting an attorney immediately is one of the most important things you can do. The window to respond is short, and the opportunity it represents is significant.
Stage 2: The Arraignment
The arraignment is the first formal court proceeding after a complaint issues. At the arraignment, you appear before a judge, the charges against you are formally read, and a plea of Not Guilty will be entered on your behalf — regardless of the facts of your case.
Entering a not guilty plea at arraignment is not an admission of anything or a strategic declaration. It simply preserves all your options going forward.
The other major thing that happens at arraignment is bail. The judge will determine whether you are:
- Released on personal recognizance (your promise to appear)
- Released on conditions such as check-ins or random testing
- Required to post bail
- Held without bail
The factors that go into this determination include the seriousness of the charges, your prior record, your ties to the community, and the likelihood that you will appear at future proceedings.
Most people are released on personal recognizance at arraignment — but not everyone. Having an attorney present at arraignment means the discovery process begins right away, and it means someone is standing next to you who knows how to argue effectively about bail conditions. We have seen firsthand how the right argument, made in the right way, in just a few minutes before a judge, is the difference between a client going home that night and a client being held.
Stage 3: The Pretrial Phase
After arraignment, the case enters the pretrial phase. This is the period during which attorneys on both sides gather information, exchange evidence through discovery, file motions, and prepare their respective cases.
Discovery in a Massachusetts criminal case means that the prosecution is required to turn over to the defense the evidence produced in the case — including police reports, witness statements, laboratory results, surveillance footage, and any exculpatory evidence (evidence that tends to show innocence or undermine the government’s case). This disclosure obligation is extensive.
Motions are formal written arguments filed with the court asking a judge to take a specific action.
A motion to suppress asks the court to exclude certain evidence from trial on the grounds that it was obtained in violation of the defendant’s constitutional rights. If a police officer stopped a car without legal justification, searched a home without a proper warrant, or obtained a statement through improper interrogation, a motion to suppress may be able to keep that evidence out of the trial entirely. Winning a suppression motion can dramatically change the calculus of a case — sometimes reducing it to something the prosecution can barely prove, making a dismissal or favorable plea much more likely.
Other common motions include:
- Motions to dismiss the charges
- Motions to continue the case to allow more time for preparation
- Motions in limine — which address what evidence can be presented at trial and how
Pretrial motions are an area where an experienced defense attorney’s knowledge of case law and local court practice makes an enormous difference. A well-crafted motion, argued persuasively, can change the entire direction of a case.
Stage 4: Plea Negotiations
Some criminal cases in Massachusetts are resolved without a trial, through a process of negotiation between the defense and the prosecution that results in a plea agreement. A plea agreement is an arrangement in which the defendant agrees to plead guilty to one or more charges, often in exchange for the dismissal of other charges, a reduced charge, or an agreement on sentencing.
Plea agreements carry an unfairly bad reputation in popular culture. The reality is more nuanced: in many cases, a well-negotiated plea agreement is genuinely the best outcome available. It provides certainty, avoids the risk of conviction at trial, and often results in a sentence that is significantly better than what a defendant might face after a trial loss.
The key word is “well-negotiated.” The terms of a plea agreement are not fixed, and an experienced attorney with good relationships and a reputation for being willing to go to trial when necessary tends to get better offers than one who is perceived as always looking for a quick resolution.
Stage 5: Trial
If a case goes to trial, the process in Massachusetts follows the general pattern of American criminal trials:
- Jury selection (if the case is tried before a jury)
- Opening statements from both sides
- The prosecution presents its case — calling witnesses and introducing evidence
- Cross-examination by the defense of each prosecution witness
- Defense presents its case (though a defendant is never required to testify or present any evidence)
- Closing arguments from both sides
- Jury instructions from the judge on the applicable law
- Jury deliberation
- Verdict
To convict, a jury must find the defendant guilty beyond a reasonable doubt, and the verdict must be unanimous. It is the highest standard of proof in any judicial system in the world.
Stage 6: Sentencing
Sentencing follows a conviction, either immediately after the verdict or at a separate hearing scheduled for a later date. Massachusetts judges have a range of sentencing options depending on the offense, including probation, community service, mandatory treatment programs, fines, and incarceration.
The specific sentence in a given case depends on the nature of the offense, the defendant’s prior record, any mandatory minimums applicable under state law, and arguments made by counsel on both sides. An effective defense attorney’s advocacy at sentencing can make a significant difference in the outcome.
Stage 7: Appeals and Post-Conviction
After sentencing, additional avenues are available in appropriate cases, including direct appeal to the Massachusetts Appeals Court, application for review by the Supreme Judicial Court, and various post-conviction motions.
Appeals in criminal cases are not a second chance to relitigate facts — they are focused on legal errors that occurred during the trial or in the application of the law. Successfully appealing a conviction requires identifying a specific error that affected the outcome of the case.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
