The Brief
What You Need to Know. No More, No Less.
Can You Get a Criminal Case Dismissed in Massachusetts?
Many criminal cases in Massachusetts end in dismissal. Here are the most common reasons and how a defense attorney can help make it happen.
Yes—and it happens more often than you think.
In Massachusetts, criminal charges can be dismissed for many reasons:
- Lack of evidence or failure to prosecute
- Constitutional violations (like illegal searches)
- Diversion programs or pretrial probation
- Strategic motion practice
Dismissals can happen before or after arraignment, depending on the situation. A skilled attorney can push for dismissal early by negotiating with the prosecutor or filing motions to challenge the case’s foundation.
The goal is always to end the case as early—and as cleanly—as possible. If you’re facing charges, don’t assume it’s headed to trial. Many cases are dismissed with the right legal strategy.
What Happens After You’re Arraigned in Massachusetts?
If you’ve been arraigned, the case is officially underway. Here’s what happens next in a Massachusetts criminal prosecution—and what to expect.
Once you’ve been arraigned, your case moves into the pretrial phase. This part of the case can last weeks—or months.
Here’s what usually happens next:
- Discovery: The prosecutor turns over police reports, witness statements, and other evidence.
- Motions: Your lawyer may file legal arguments to suppress evidence or dismiss charges.
- Pretrial Hearings: The court checks in regularly as the case progresses.
Many cases resolve during this phase—through negotiation, dismissal, or diversion. Others go to trial. The choices you make early on can shape everything that follows.
The key is working with someone who knows how to use the process to your advantage. I handle pretrial strategy with the same intensity as trial work—because this is often where the case is won.
What Is an Arraignment in Massachusetts?
An arraignment is where your criminal case begins. Learn what happens at arraignment, what to expect, and how it can affect your record.
An arraignment is the first formal court appearance in a criminal case. It’s where the court reads the charges against you and asks how you plead.
Even though arraignments are usually quick, they matter—a lot.
Once you’ve been arraigned, the charges become part of your record. Even if they’re later dismissed, that record of being formally charged can follow you on background checks. That’s why the goal in many cases is to resolve things *before* arraignment—like at a clerk magistrate hearing.
At arraignment:
- You’re formally told what the charges are.
- Bail may be set (or not).
- The next court date is scheduled.
You usually enter a plea of not guilty. But by then, the real work has already started. I help clients avoid arraignment when possible. When it’s not, I’m there to protect your rights and fight your case from the start.
How to Avoid Criminal Charges in Massachusetts
Not all criminal cases have to result in charges. With the right intervention at the right time, it’s sometimes possible to avoid prosecution altogether.
Not all criminal cases result in charges. In Massachusetts, there are ways to stop a case before it even starts—especially for misdemeanors or first-time offenses.
Some key opportunities to avoid charges:
- Clerk magistrate hearings: If you receive a notice for one of these, you haven’t been charged yet.
- Police contact before filing: If police are still “investigating,” a lawyer can sometimes intervene.
- Civilian applications: In minor disputes, a lawyer can resolve the issue before it escalates.
Avoiding charges entirely means no arraignment, no record, and no public court case. Start early with an experienced attorney.
Can You Win a Clerk Magistrate Hearing?
Massachusetts law allows charges to be stopped at the clerk magistrate stage. Here’s how people win these hearings and avoid a criminal record.
Yes—and winning means the complaint never issues.
A Clerk Magistrate hearing isn’t about guilt or innocence. It’s about whether there’s *probable cause* to believe a crime occurred. That’s a low standard, but it’s not automatic. With the right strategy, many people succeed in getting the case dismissed before it even begins.
Some common ways to win:
- Pointing out inconsistencies or lack of evidence in the complaint.
- Showing that the alleged conduct wasn’t actually a crime.
- Presenting mitigation or context that persuades the clerk not to issue.
- Working out a resolution with the police or complainant before or during the hearing.
Winning a Clerk Magistrate hearing means avoiding an arraignment, a criminal record, and public court involvement. These hearings are a unique opportunity in Massachusetts criminal practice—and one of the most important chances you’ll get to stop a case early.
If you’ve received a notice for a clerk hearing, take it seriously, and contact me.