An indictment feels like defeat. A grand jury met in secret, heard the Commonwealth’s evidence, and decided there is probable cause that you committed a felony. Most people assume the case is essentially over.
They are wrong. An indictment in Massachusetts does not weaken your position. It unlocks your arsenal after indictment.
When your case moves from District Court to Superior Court, you gain access to weapons you never had before. The Commonwealth controlled the grand jury process completely. Now the playing field levels. Here are the five weapons Massachusetts law puts in your hands.
Weapon One: Automatic Discovery
The grand jury proceeding was one-sided by design. The prosecutor presented whatever evidence they chose. No cross-examination. No defense attorney in the room. No obligation to show evidence that helps you.
That changes immediately in Superior Court. Massachusetts law requires automatic discovery. The grand jury minutes arrive without you filing a motion. You receive police reports, witness statements, laboratory results, and every piece of evidence the Commonwealth intends to use at trial.
But automatic discovery is just the beginning. Your attorney can file motions demanding additional materials. Evidence the prosecutor overlooked. Evidence they did not know existed. Records from third parties. Surveillance footage. Cell phone data. Massachusetts Superior Court will compel production of evidence that could be critical to your defense.
This discovery frequently exposes weaknesses invisible during the grand jury phase. The grand jury heard the prosecutor’s story. Discovery reveals the full picture.
Weapon Two: Motions to Suppress
If police violated your constitutional rights, you can challenge the evidence they obtained. Massachusetts Superior Court holds suppression hearings where the Commonwealth must prove every search, seizure, and interrogation was lawful.
Did police conduct an illegal search? Obtain statements without proper Miranda warnings? Make an unlawful arrest? Your attorney files a motion to suppress, and the burden shifts to the Commonwealth. They must justify their actions. Your attorney cross-examines the officers and challenges their version of events.
Winning a suppression motion can destroy the prosecution’s case. If the seized drugs cannot be admitted at trial, the trafficking charge collapses. If the statements are suppressed, the Commonwealth loses its strongest evidence. One successful motion to suppress can end a case the grand jury thought was solid.
Weapon Three: Motions to Dismiss
The grand jury found probable cause. That standard is low. It requires only a reasonable belief that you committed the offense. Now the Commonwealth must prove they can convict you beyond a reasonable doubt.
A motion to dismiss challenges whether the evidence is legally sufficient to proceed. If the indictment fails to state all elements of the charged offense under Massachusetts law, it must be dismissed. If the evidence presented could not support a conviction even if believed entirely, the case ends.
These motions force the Commonwealth to defend its case before trial. They must prove they have enough evidence to get to a jury. Many cases that satisfied a grand jury cannot survive this scrutiny.
Weapon Four: Attacking the Grand Jury
Massachusetts automatically provides the grand jury minutes. Your attorney reviews exactly what the prosecutor told the grand jury and what evidence they presented. If problems exist, you can attack the indictment itself.
Did the prosecutor present testimony they knew was false? Withhold clearly exculpatory evidence? Fail to properly instruct the grand jury on Massachusetts law? You can file a motion to dismiss the indictment based on grand jury abuse.
This is a difficult standard. Courts are reluctant to invalidate grand jury decisions. But the remedy exists when prosecutorial misconduct is evident or when the evidence presented was legally insufficient to support the charges. The mere possibility keeps prosecutors honest.
Weapon Five: Trial by Twelve Jurors
If the case proceeds to trial in Massachusetts Superior Court, you face twelve jurors, not the six used in District Court. All twelve must unanimously agree to convict. A single holdout results in a mistrial.
The jury hears all the evidence discovered after indictment. They hear your side of the story. The prosecution must prove every element of every charge beyond a reasonable doubt. Your attorney cross-examines their witnesses, presents defense evidence, and argues the Commonwealth failed to meet its burden.
The grand jury heard only the prosecutor. The trial jury hears everything.
The Fight Begins Now
An indictment is not a conviction. It is not even close. It is probable cause determined in a one-sided proceeding where you had no voice.
Superior Court is different. Massachusetts law arms you with discovery, suppression motions, dismissal motions, the ability to challenge the grand jury process, and the right to trial by twelve unanimous jurors. These weapons exist because the grand jury process is inherently unfair. Superior Court corrects that imbalance.
The Commonwealth controlled the grand jury room. Now you have the tools to fight back. Use them.
