Facing a murder charge in Massachusetts is among the most serious legal situations anyone can experience. The process that follows is complex, often lengthy, and can determine the rest of a person’s life. Whether the charge is for first-degree murder, second-degree murder, or a related offense like manslaughter, the steps after arrest follow a specific sequence under Massachusetts criminal law. Understanding what happens next can help defendants and their families prepare for what lies ahead.
Arrest and Booking
A murder case typically begins with an arrest based on probable cause or a warrant issued by a judge. After arrest, the defendant is taken to a police station for booking, where personal information, fingerprints, and photographs are recorded.
Because murder is a capital offense, bail is not available under Massachusetts law. The defendant will remain in custody while awaiting arraignment in court.
Arraignment
At the arraignment, the defendant appears before a judge, usually in a District Court or Superior Court, depending on how the case is initiated. The charges are read aloud, and the defendant is formally advised of their rights. In most murder cases, the defendant will enter a plea of not guilty at this stage.
The court will also assign or confirm legal counsel. If the defendant cannot afford a private attorney, a court-appointed lawyer or a Committee for Public Counsel Services (CPCS) attorney will be provided.
Probable Cause Hearing or Grand Jury Indictment
For first- and second-degree murder charges, the Commonwealth must establish probable cause that a crime occurred and that the defendant committed it. This is done in one of two ways:
- Probable Cause Hearing: Held in District Court, where the prosecution presents evidence to show probable cause for the charge to move forward.
- Grand Jury Indictment: More commonly, the prosecution seeks an indictment from a grand jury in Superior Court. The grand jury reviews the evidence and decides whether to formally charge the defendant.
If the case proceeds by indictment, it is transferred to the Superior Court, which has jurisdiction over all murder cases in Massachusetts.
Pre-Trial Proceedings
After indictment, the case enters the pre-trial phase, where both sides gather evidence and file motions. This stage can last several months or even years in complex murder cases. Common pre-trial motions include:
- Motions to suppress evidence obtained through illegal searches or interrogations
- Discovery requests for police reports, witness statements, and forensic results
- Motions to dismiss based on insufficient evidence
- Requests for bail review in rare circumstances
Both the defense and prosecution may also engage in plea discussions, although plea agreements are less common in murder cases due to the severity of the charge.
Trial
If the case is not resolved through a plea or dismissal, it proceeds to trial in Superior Court. Murder trials are conducted before a jury of twelve and can last several weeks. The prosecution must prove each element of the crime beyond a reasonable doubt, including:
- The defendant unlawfully caused another person’s death; and
- The act was committed with malice aforethought, which distinguishes murder from manslaughter.
The defense may argue lack of intent, self-defense, mistaken identity, or raise questions about the credibility of witnesses and forensic evidence.
Possible Outcomes
After closing arguments, the jury deliberates and returns one of several possible verdicts:
- Guilty of first-degree murder: Life in prison without parole (for adults).
- Guilty of second-degree murder: Life in prison with parole eligibility after 15 years.
- Guilty of manslaughter or lesser offense: A reduced sentence based on circumstances.
- Not guilty: The defendant is acquitted and released.
If convicted, the defendant has the right to appeal the verdict to the Massachusetts Supreme Judicial Court.
Post-Conviction and Appeals
After conviction, defendants can challenge errors that occurred during trial through the appeals process. Common grounds for appeal include improper jury instructions, evidentiary errors, ineffective assistance of counsel, or constitutional violations.
Some cases may also qualify for motions for a new trial or post-conviction relief if new evidence emerges, such as DNA results or recanted testimony.
The Importance of Legal Representation
From the moment of arrest, having an experienced Massachusetts homicide defense attorney is critical. A skilled lawyer can:
- Investigate inconsistencies in police and forensic reports
- Challenge improper interrogations or identifications
- File motions to exclude unlawfully obtained evidence
- Negotiate lesser charges when possible
- Advocate vigorously at trial or on appeal
Because of the complexity and severity of murder prosecutions, early legal intervention can make a life-changing difference.
Conclusion
A murder charge in Massachusetts sets in motion a strict, high-stakes legal process involving multiple hearings, evidence reviews, and potential life imprisonment. Each stage, from arrest to trial, requires careful strategy and skilled representation.
If you or a loved one has been charged with murder, time is critical. At the Law Office of Matthew W. Peterson, we represent clients facing the most serious criminal charges in Massachusetts, including murder, manslaughter, and violent felony cases.
Our team provides aggressive, compassionate defense from the earliest stages of investigation through trial and appeal. Contact an experienced Massachusetts criminal defense attorney immediately to protect your rights and begin building a strong defense.
Call 617-295-7500 today to schedule a confidential consultation and discuss your legal options.
Frequently Asked Questions (FAQ)
Can someone get bail after being charged with murder in Massachusetts?
A: No. Under state law, defendants charged with murder are not eligible for bail and remain in custody pending trial.
Q: How long does a murder case take to go to trial?
A: Murder cases are among the longest and most complex, often taking one to two years or more before reaching trial.
Q: Can a murder charge be reduced?
A: Yes. In some cases, the charge may be reduced to manslaughter or second-degree murder if the evidence supports a lesser degree of intent or heat-of-passion circumstances.
Q: What court handles murder cases in Massachusetts?
A: All murder cases are tried in Superior Court, which has exclusive jurisdiction over felony homicide prosecutions.
Q: What happens if the defendant is under 18?
A: Juveniles aged 14 or older charged with murder are automatically transferred to adult court, though sentencing follows special juvenile rules under Diatchenko v. District Attorney.
