What is “Rule 36” Motion to Dismiss in Massachusetts?

Written By: Matthew W. Peterson

Published: 06/20/2024

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Rule 36 allows some cases to be dismissed in Massachusetts criminal courts if they go past a year. This is different from the “speedy trial” constitutional right, but it’s the same principle.

If you’ve been charged with a crime in the state of Massachusetts, it is crucial that you hire a defense attorney as soon as possible. The criminal justice system can be intimidating, convoluted, and it can be hard to know where to begin. As an experienced criminal defense attorney, I am here to help. I take cases in courthouses all over the state of Massachusetts – if you’d like to see a full list of the courts the Law Office of Matthew W. Peterson service. Criminal proceedings can be daunting, especially if you’re not familiar with how the process goes. That’s why hiring a criminal defense attorney is so essential – we know which motions to file and when, and will do everything I can to secure the best outcome for your case.

What is a Motion in Criminal Court?

A motion in criminal court is a formal, written request made to the court or judge asking for a specific order or ruling to be made in that particular matter. A motion details what the request is, why that request is being made, and an explanation of the facts or circumstances that support why the request should be granted. A judge can approve or deny a motion, or they can schedule a motions hearing so the opposing party in the motion can argue their position before the judge makes a decision.

Motions are a very important part of any criminal trial – there are motions that can be filed before a trial begins (called pre-trial motions), motions regarding discovery, and many others.

What is "Rule 36" Motion to Dismiss in Massachusetts?

In essence, Rule 36 means that all defendants are guaranteed a trial within one year of their arraignment. And this rule applies to anyone who has bee arraigned – even if you are not being held in jail while awaiting trial. If more than one year has gone by after your arraignment, and you still have not been brought to trial, you are eligible to file a “Rule 36” Motion to Dismiss. In the state of Massachusetts, if more than twelve months have gone by since you were arraigned, and you still have not had a trial, you are entitled to a dismissal of the charges upon filing that rule 36 motion to dismiss.

Exclusions and Continuances

Understanding what can be excluded from the 12-month timeline is crucial. For instance, if you file motions or agree to continuances, these periods can be excluded from the calculation. This means that even if more than a year has passed, the actual time counted towards the Rule 36 requirement might be less if these exclusions apply. However, sometimes it is beneficial for you to continue your case (move to a later date), in which case the twelve month period could be exceeded. Also, if you are being held in state custody while awaiting trial and there is an agreed upon continuance in your case, that new date cannot exceed 30 days.

Recent Massachusetts Laws

As of the latest updates, Massachusetts continues to refine its legal framework to ensure fairness and efficiency in criminal proceedings. For example, Massachusetts General Laws Chapter 277, Section 63, outlines the requirements for speedy trials, which align with the principles behind Rule 36. Additionally, Massachusetts General Laws Chapter 276, Section 1, addresses the rights of defendants, including those related to pre-trial detention and release.

Hiring a Defense Team you can Trust

While we defend our clients for a living, we know how important each case that we take on is. Not only is it your life overall at stake, but it also impacts your family, your ability to get a job, and sometimes even your ability to remain in this country. The Law Office of Matthew W. Peterson have years of experience as a criminal defense attorney, and we will fight for you. The Law Office of Matthew W. Peterson have an office location in Boston and Salem, Massachusetts, but we also do phone and Zoom meetings as well. Call or text the Law Office of Matthew W. Peterson today at 617-295-7500!