Massachusetts Court Procedures Attorney
The procedures of the criminal courts are daunting for most people, whether this is their first time being accused or charged with a crime or not, having an experienced attorney explain every aspect of the process to you is important and can relieve a great deal of stress. There are nuances to each court, and it’s important to have an attorney who is experienced in the entire process in the different courts, even with the Boston Municipal Court system, there are several different courts around the city, there are different district courts with jurisdiction in the variouscounties, and then there are the Superior Courts.
Each court has a chief justice, and there are differences in how things are done, how the clerk’s offices operate, and having an attorney familiar with the people and processes of the different courts is invaluable. When you are facing criminal charges, it’s a relief to have someone who knows how to handle everything from arraignment to pretrial court dates to trial if a trial becomes necessary.
Call experienced criminal Massachusetts Defense Attorney
Susan M. Rayburn today for a free consultation on your case.
Have you been arrested?
If you’ve been arrested or summonsed into court for a criminal complaint arraignment, or if you are concerned or dissatisfied with the representation you are currently experiencing, call Attorney Susan Rayburn. She can guide you through the process, and answer your questions, explaining every step of the process, file and argue appropriate motions, negotiate effectively when necessary, discovery not readily turned over by the prosecution, explore all avenues of investigation and put together a great team of experts, Susan will argue effectively on your behalf and if the case is not resolved prior to trial, she will try your case with creativity, skill, and determination. Attorney Rayburn will give you the skilled and zealous defense you deserve, answer your questions, listen to your ideas, and explain the law and criminal procedure to you as much as you desire to know.
You can be arrested if the police have probable cause to believe that you committed a crime. The police may have seen behavior consistent with criminal activity and investigated further themselves, or they may have received a report from someone who claims to have credible evidence that a crime has been committed and that you are the one who committed that crime. Depending on the alleged offence, you can be arrested based on someone reporting to the police that they are a victim of a crime committed by you. There are some occasions when a person could make an allegation against you, and the police will take out a criminal complaint on their behalf and seek an arrest warrant, these arrest warrants are called “straight warrants” and you may have no notice until the moment you are stopped and placed under arrest.
An arrest warrant is applied for by law enforcement at the court which has jurisdiction, meaning the court within the county in which the alleged criminal conduct is claimed to have occurred. You could also be arrested if you default, or fail to appear at a scheduled court date for which you had notice.
Your Miranda Rights
Even if the arresting officers or investigating officers do not advise you of your Miranda rights, you do have the right to remain silent, refuse to speak with the police, and ask for an attorney.
People often think that it is required for them to be Mirandaized when they are arrested; this is a common misconception. Miranda warnings are required to be given only if the police want to use any statements that you’ve made against you in a court of law.
If they fail to properly Mirandaize you when you are in custody and not free to leave, and you give statements that they want to use against you, your attorney should file a Motion to Suppress Statements and seek to have your statements suppressed for use against you. There are circumstances where a statement could be suppressed even if a person is given a Miranda warning or “read their rights”, but it is imperative that you invoke your right to remain silent when being questioned by police, whether they advise you of your rights or not. Remember: you have the right to remain silent, anything you say can and will be used against you in a court of law, you have the right to speak to an attorney, if you cannot afford to hire an attorney, one will be assigned to you, you have a right to have an attorney present during questioning, even if you start to answer questions, you can invoke your right to remain silent at any time.
Please do not be duped into answering their questions, please do not let them convince you that it will be better for you if you answer their questions. If that turns out to be true, you can answer their questions with the assistance of an attorney at a later date, but speaking with law enforcement investigating a crime when you or someone you love is a target of their investigation is not a wise choice without being first represented by competent legal counsel.
Your Initial Court Appearance
You will typically have your first court appearance on the first business day after your arrest. If you are arrested over the weekend, you can expect to be arraigned on Monday, unless it’s a holiday weekend, and then it will on the Tuesday after the holiday weekend. If you are arrested early in the day, many police departments will transport you to court on the date of your arrest rather than holding you overnight. On some cases, you can post bail at the police station and appear in court on the next business day for arraignment. There are times when arrests are made in large numbers, at an event or protest, for example, people will often be booked, processed, and released to appear in court at a set date beyond the first business date in order to prevent court congestion.
In Massachusetts district or municipal courts, your arraignment will include the formal reading of the charges against you, a Not Guilty plea will be entered on your behalf by the Court, if the Prosecutor is asking for you to be held on bail or pursuant to a Rule 58A “Dangerousness” Motion, your attorney will argue on your behalf for your release on bail or personal recognizance, sometimes including conditions of release
such as GPS monitoring, stay away from alleged victims or locations of the alleged offense, pre-trial reporting to the probation department and sometimes mental health or drug treatment programs.
A dedicated defense attorney will argue for your release appropriately and creatively. It is wise to have a skilled and experienced attorney represent you at arraignment, but if you are not satisfied with the attorney assigned to or hired to represent you at arraignment, that does not mean that you cannot seek a different attorney at a date after your arraignment.
After you have been arraigned and your bail has been set, a further date will be selected by your attorney to come back into court for a pre-trial. If you are charged with superior court-level charges, you will need a competent, experienced attorney to represent you in both the lower court while the government proceeds through the indictment process and on your arraignment in Superior Court once indictments are
returned. You do not have to keep the same lawyer who represented you in the district or municipal court for your Superior Court case. Once you are indicted, your case will be dismissed in the lower court and you will be arraigned in the Superior Court on the indictments.
It is wise to have a skilled lawyer represent you from the start as investigations and securing certain evidence should start immediately after you are initially charged.
Released On A Bail Bond
First, understand that Bail is about showing up for court, not about guilt or innocence. Some of those factors are your ability to pay, the potential punishment if convicted, the strength of the prosecutor’s case against you, your ties to the community, and your past history of defaults or a demonstrated history of showing up for court dates. There are many factors the judge will consider when setting your bail and terms of release. If there is no Motion by the Commonwealth’s attorneys to hold you on “dangerousness” pursuant to M.G.L. c. 276, § 58A , then the judge will set bail and conditions at arraignment and if you can post the amount ordered, you will be released with the promise to return to court on each subsequent date.
If you do not appear in court for a subsequent date, you can have your bail forfeited for failure to appear and you will have a default warrant for your arrest. You will also be given a “bail warning” stating that if you are arrested while out on bail, your bail can be revoked for a set period of time and you will be held without bail until that time has elapsed while your case is still ongoing.
These warnings are the same for those who are released on their own recognizance and those who post a monetary bail amount. If the prosecution does move for you to be held without bail pursuant to Chapter 58A, then a full hearing will be conducted by the judge, within a few days, and the Commonwealth will present evidence, often times with just a police report and your record of offenses, and they must prove by “clear and convincing evidence” that there are no conditions or release which will reasonably ensure the safety of the community or a particular individual or individuals. If you do post bail, that money will be returned to you or the person who posts on your behalf after the case is over, as long as you show up for all court dates. Your case will be over when it is adjudicated, either by dismissal, a continuance without a finding, a guilty plea, a bench trial or jury verdict.
The bottom line is you want to have an experienced attorney who will develop a creative and effective bail argument for your release and then you need to show up, on time, for each and every court date if you are released.
Call Attorney Susan Rayburn and receive a free consultation, explain the arraignment and bail process, and answer any questions you may have about your case.
Getting Legal Advice
If you are arrested, either by a default warrant, an arrest warrant, or when the police determine that they have probable cause to believe that you have committed a crime, you have the right to counsel. You do not need to speak to the police or answer their questions; you have the right to remain silent, even if they don’t tell you your rights.
You have the right to be represented by counsel of your choice and if you are unable to afford an attorney, one will be appointed for you. Please exercise your right to remain silent until you are advised otherwise by your attorney.
As the accused, the police do not have your best interests at heart, even if you feel you are the victim, do not speak to law enforcement without your attorney present. You cannot be punished for invoking your right to remain silent or your right to counsel.
Preliminary Court Dates
You will have to appear in court on further dates after your arraignment. Some courts allow for these hearings to be held via Zoom.
Evidentialry hearings or substantial hearings like bail appeals, motions to dismiss, and motions to suppress require your physical presence in court. Pre-trial scheduling and dates for discover issues can often be done via zoom, but you always have the right to appear in person if you wish. Once the discovery process is complete, and the government has turned over all evidence required by the rules of criminal procedure and any court orders for discovery sought by your attorney or the prosecution, the case can be fully evaluated for trial readiness.
You and your lawyer should discuss fully the evidence against you, any exculpatory evidence (tends to show you are innocent), and make the important decisions of whether there are grounds for motions to suppress evidence, identification, statements or search warrants. You and your attorney should discuss the viability of these motions, if it is wise to bring a motion to dismiss in your particular matter, and whether or not the case should go to a jury trial or a trial by judge, or if it is best to negotiate a resolution short of trial.
It is your constitutional right to have a jury trial if you want one, and it is your lawyer’s responsibility to give you as much information as possible so that you can make an informed and intelligent decision about whether or not you want to go to trial on your case.
Trial
You have the right to a trial in front of a jury of your peers, you have the right to face your accusers, whether they be police or “civilian” witnesses, you have a right to cross examine the witnesses against you, your right to remain silent extends to the entire process, right through trial.
You do not have to testify and the jury cannot consider your choice not to testify when they deliberate. A jury trial starts with Motions in Lime, where your lawyer and the prosecution file and argue motions which affect what and how evidence will be admitted at trial for the judge or jury’s consideration.
There are rules of evidence and both sides will argue, or sometimes agree, about what can properly be entered into evidence and how. There will be jury selection, jury voire dire or questions for the jury panel which can help your attorney select a jury that they believe can be fair and impartial for your case. It is an important part of the litigation of your matter, you have a right to assist your lawyer in selecting the jury. Once a jury is sat, then they will be instructed by the judge, there will be opening arguments, the Commonwealth will present their case first, your attorney will have a chance to cross examine the witnesses against you.
Cross examination skills are extremely important in a criminal defense attorney, effective cross examination is very often the difference between a guilty and not guilty verdict, so choose your attorney wisely.
Once the Commonwealth is done presenting their case, your attorney can present a case if appropriate to your matter, sometimes that involves civilian witnesses, experts and rarely, the defendant testifies. It is your right to testify in your own defense, having an attorney who can advise you of what that will mean for you, whether it is wise or foolish is imperative.
Every case is different, every set of facts is different, every defendant has their own sets of strengths and weaknesses. Make sure you have an attorney who you are certain has your best interests at heart as well as being a skilled and experienced trial attorney, you deserve to be confident in the abilities of your attorney throughout your entire case, whether you choose a trial or not.
CALL BOSTON CRIMINAL DEFENSE ATTORNEY
SUSAN M. RAYBURN FOR HELP, SHE IS EXPERIENCED, SKILLED, CREATIVE, RELENTLESS AND COMPASSIONATE
If you are facing criminal charges in Massachusetts, contact experienced defense lawyer Susan M. Rayburn for a free consultation and reasonable quote for your legal fees. She will help you through every stage of the Massachusetts criminal court process.
Attorney Rayburn has over 25+ years of experience as a criminal defense attorney in Massachusetts, and she understands you need someone who will compassionately and vigorously protect your Constitutional rights during this stressful experience.
Court Procedures
- Clerk Magistrate Hearing
- Search / Arrest Warrants
- Wire Tap
- Grand Jury Subpoena
- Illegal Search & Seizure
- Obstruction Of Justice
- Resisting Arrest
- Perjury
- Police Interrogations
- Restraining / Protection Order
- Motions To Dismiss / Suppress
- Probation Violation
- Bail Reduction
- Dangerous Hearing
Attorney Susan Rayburn has over 25 years of criminal defense experience. She has an excellent record of favorable outcomes for her clients, whether through dismissals, negotiated resolutions, or jury trials. Attorney Rayburn is known to be a skilled, aggressive, and successful criminal defense attorney who ethically and creatively fights for her clients’ rights.
Attorney Rayburn effectively and aggressively represents people accused of a wide variety of criminal offenses, including crimes of murder, assault with intent to murder, assault and battery with serious bodily injury, domestic violence offenses, rape, sexual assault, armed robbery, home invasion, arson, human trafficking, drug trafficking, possessory offenses, financial crimes, identity, and credit card crimes. She handles major felonies and misdemeanors, grand jury subpoenas, trial subpoenas, immunity agreements, witness representation, restraining orders, and clerk magistrate hearings.
COMMONLY ASKED QUESTIONS
I just found out I have a warrant out for my arrest, what should I do?
Call Attorney Susan Rayburn at 617-682-0089. It’s best to go into court to remove a warrant with an experienced criminal defense attorney who knows her way around the courthouses. She will tell you it is always better to go into court on your own as opposed to in handcuffs after an arrest. Remember, showing up in court is what bail is about, the likelihood of getting a reasonable bail set is much higher if you have a skilled attorney who brings you to court to remove the warrant, it shows you will show up and that’s the judge’s first consideration. Having an attorney to help you remove a warrant of any kind also results in less time spent for you with police, which is always a good thing.
I am not happy with the lawyer I hired or was assigned to me on my case, what can I do?
Call Attorney Susan Rayburn for a conversation and a consultation if you still feel you want a new lawyer. It is incredibly stressful to either make the wrong decision on hiring a lawyer or having an attorney appointed to you who you are not feeling strong about for any reason. Attorney Rayburn will be able to listen to your worries and she will have an honest conversation with you, even if that includes telling you that your fears are unfounded and you should stay with the attorney you have.
Attorney Rayburn only wants the best possible outcome for you, she knows she can provide that if you choose her, but she also knows other lawyers can sometimes provide that, too.
I missed a court date and now I have a default warrant, what should I do?
Call Attorney Susan Rayburn, she will guide you through the process and advise you on the best way for you to remove the default warrant. You definitely do not want to wait until you get arrested on the warrant, because then you likely have no credible argument that you came in on your own.
Ideally, you will go in to remove the default warrant with an attorney who knows how to argue your circumstances effectively to the judge so that you can have a chance to avoid being forced to post additional bail or
being held in custody if you are unable to post additional bail; you will also want your attorney to try to have any forfeited bail reinstated despite your failure to appear, this is sometimes possible if the reasons are worthy of a judge’s consideration.
My bail was set very high and I don’t know whether to have my family hire an attorney or post bail with the funds we do have available, what should I do?
You should call Attorney Susan Rayburn and discuss what is best for your loved one’s circumstances. Often times there is a set amount of money available for bail OR hiring the right lawyer for your case.
The bottom line is that you need to look at the big picture with the assistance of competent, skilled and experienced defense counsel. It is often best to hire the right attorney who will immediately get working on investigation and preservation of evidence on your matter even if it means being held on bail for a period of time.
On almost every case, timing is of the essence and that means that if you wait to have an attorney committed to defending you on your case, evidence can be lost and the investigation of your matter can be more difficult and less fruitful. It is an incredibly important decision and Attorney Rayburn can talk you through your options.
What is straight arrest warrant?
DO YOU HAVE A WARRANT? CLICK HERE
A straight warrant is issued for a person who has not yet been arraigned, but has been charged or indicted. You may or may not be aware of a straight warrant, but if you do become aware there is a straight arrest warrant out for you, it is best to turn yourself in with the assistance of an attorney who will be prepared to argue bail on your behalf and immediately get started on the work of defending you.
It’s always better to present yourself to the Court on your own accord than to be brought into court in custody. Your first message to the Court will then be that you are a person who respects your obligation to appear in court as your case proceeds from arraignment to resolution, whether that be by dismissal, admission, plea or Trial, this can be helpful when your attorney is arguing that you should be released on bail with appropriate terms of release.