The Brief
What You Need to Know. No More, No Less.
Can You Be Charged Based on Hearsay in Massachusetts?
You can be charged based on hearsay in Massachusetts, but that doesn’t mean you’ll be convicted. Learn what hearsay is and how it matters in court.
In Massachusetts, you can be charged with a crime based entirely on hearsay, but that doesn’t mean the case will hold up in court.
Hearsay is an out-of-court statement offered to prove the truth of what it says. Normally, it’s not admissible at trial unless an exception applies. But during the early stages of a case, like a criminal complaint application or clerk magistrate hearing—hearsay can be enough to establish probable cause.
That means police reports, secondhand accusations, or 911 calls can lead to charges, even if the person who made the statement never appears in court.
Once the case moves forward, though, the rules change. You have the right to confront your accuser. If the Commonwealth tries to use hearsay at trial, it can often be challenged and excluded, unless it fits one of the narrow exceptions under Massachusetts law.
I’ve fought plenty of cases where hearsay was the only thing holding the case together. When challenged the right way, that kind of evidence can fall apart, and so can the charges.
What Is Discovery in a Criminal Case in Massachusetts?
Discovery is the formal process of getting the evidence against you. Here’s how it works in Massachusetts criminal cases—and why it’s critical.
In every Massachusetts criminal case, the defense has the right to receive discovery—copies of the evidence the prosecution plans to use.
This can include:
- Police reports
- Surveillance video
- 911 calls
- Witness statements
- Forensic results like fingerprints or DNA
Discovery is governed by Rule 14 of the Massachusetts Rules of Criminal Procedure. In most cases, the Commonwealth must turn over basic materials within a set timeline after arraignment. But not everything is automatic—sometimes you have to file a motion to get specific items.
I often see discovery come in late, incomplete, or missing key records. That’s why I push aggressively for full disclosure. If the government delays or fails to provide evidence, we can file a motion to compel—and in some cases, exclude the evidence altogether.
Understanding what’s in discovery (and what’s not) can make or break a defense. I don’t just wait for the file—I go after what matters.