After your arraignment, you might feel a mix of relief and uncertainty. The initial court appearance is behind you, but what happens after an arraignment? Understanding the typical path of a criminal case in Massachusetts after arraignment can help you prepare mentally and work effectively with your attorney to achieve the best possible outcome.
The Pretrial Conference:
The first major step after arraignment is usually the pretrial conference, sometimes called a pretrial hearing. This is scheduled within a few weeks to a couple of months after your arraignment, depending on the court’s calendar and the nature of your charges.
During the pretrial conference, your attorney and the prosecutor will discuss your case. This is when plea negotiations often begin. The prosecution may offer a deal in exchange for you pleading guilty to reduced charges or agreeing to certain conditions. Your lawyer will review any offers with you and advise you on whether accepting or rejecting them is in your best interest.
The pretrial conference is also when your attorney can request evidence from the process through a process called discovery. This includes police reports, witness statements, video footage, lab results, and any other materials the prosecution plans to use against you. Reviewing this evidence is crucial for building your defense strategy.
If your case doesn’t resolve at the pretrial conference, the court will schedule additional hearings or move toward trial.
Motions and Hearings:
Between pretrial conferences and trial, your attorney may file various motions to strengthen your defense. Common motions in Massachusetts criminal cases include:
- Motion to Suppress Evidence: Arguing that certain evidence was obtained illegally and shouldn’t be allowed at trial. For example, if police conducted an unlawful search, the items they found might be excluded.
- Motion to Dismiss: Requesting that the charges be dropped entirely, often based on lack of evidence or procedural errors.
- Motion for Discovery: Formally requesting specific evidence from the prosecution.
These motions require separate hearings where the judge will listen to arguments from both sides and make rulings that can significantly impact your case. A successful motion to suppress, for instance, might eliminate the prosecution’s key evidence, potentially leading to charges being dropped.
Continued Negotiations:
Throughout the pretrial process, plea negotiations may continue. The prosecution’s offer might change as they learn more about the strengths and weaknesses of their case. Your attorney will keep you informed of any developments and help you weight the risks of going to trial against the certainty of a negotiated resolution.
Many criminal cases in Massachusetts are resolved through plea agreements rather than trials. While accepting a plea deal means giving up your right to a trial, it can provide predictability and sometimes result in reduced charges or lighter sentences.
Preparing for Trial:
If your case doesn’t resolve through negotiations, it will proceed to trial. Depending on the charges, you may have the right to a jury trial or a bench trial where the judge alone decides your case.
Trial preparation is intensive. Your attorney will interview witnesses, review all evidence, develop legal arguments, and create a comprehensive defense strategy. You’ll work closely with your lawyer to understand what to expect, how to present yourself, and what questions you might face if you choose to testify.
The time between arraignment and trial can range from several months to over a year, depending on the complexity of your case, the court’s schedule, and whether continuances are requested by either side.
Staying Compliant with Bail Conditions:
Throughout the entire process, it’s essential to comply with any bail conditions or release terms set at your arraignment. This might include checking in with probation, avoiding certain people or places, maintaining employment, or abstaining from drugs and alcohol.
Violating these conditions can result in your bail being revoked, meaning you’ll be held in custody while your case proceeds. Compliance demonstrates to the court that you take your case seriously and can work in your favor during negotiations or sentencing.
Working with Your Attorney:
The period after arraignment is when your relationship with your attorney becomes most important. Stay in regular contact, respond promptly to requests for information, attend all scheduled meetings, and be honest about the facts of your case. Your attorney can only defend you effectively if they have complete and accurate information.
Remember that this process takes time, but each step is an opportunity to build your defense and work toward the best possible resolution of your case. If you’re still getting your bearings on how all this works, we’ve also written about what an arraignment is in Massachusetts and whether you need an attorney for an arraignment if you want to learn more about those earlier steps.
If you are facing an arraignment in Massachusetts, it’s critical to speak with an experienced Boston criminal defense attorney. Contact an experienced Suffolk County criminal lawyer and call us at 617-295-7500 immediately. The Law Office of Matthew W. Peterson defends clients against serious criminal charges throughout Eastern Massachusetts.
