What Is the Role of the District Attorney in Massachusetts Criminal Cases?

The District Attorney (DA) plays a central role in every Massachusetts criminal case. They decide whether to prosecute, what charges to file, and how to handle the case, from arraignment to trial.

Once a police department files a complaint or makes an arrest, the DA’s office steps in to review the evidence and decide whether to move forward. They can amend charges, drop a case entirely, or bring it before a grand jury in serious cases.

DAs also negotiate plea offers. They decide whether to offer diversion, probation, or jail time, and whether to object to things like bail or record sealing.

It’s important to understand that the DA isn’t just “the government.” They’re individual prosecutors with discretion. That means strategy matters. I work to present my client’s side early, file targeted motions, and leverage legal issues to shift how the case is charged and resolved.

Facing the DA’s office isn’t just about facts, it’s about how the law is used. Knowing how they operate is key to a strong defense.

What Is a Criminal Summons in Massachusetts?

If you receive a criminal summons in Massachusetts, it means you’ve been charged with a crime, but the court is giving you a chance to appear voluntarily instead of being arrested.

Summonses are typically issued for misdemeanors or low-level felonies when the police file an application for complaint. If a clerk magistrate finds probable cause, they’ll issue the summons and schedule an arraignment.

It’s a serious document, even if it doesn’t come with handcuffs. Ignoring it can lead to a default warrant and possible arrest. If you get one, you should treat it exactly like an arrest because that’s what the court will do at your arraignment.

I’ve helped many clients resolve charges before their arraignment after receiving a summons. Acting quickly can make a big difference: you may be able to avoid bail, negotiate terms, or even stop the case from being issued in the first place.

If a summons shows up in your mailbox, don’t wait until your court date. That envelope is the beginning of a criminal case and the sooner you respond, the more control you have.

Can You Be Charged Based on Hearsay in Massachusetts?

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?

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.

What Is a No Trespass Order in Massachusetts?

A no trespass order is a written notice that tells someone they’re no longer allowed on a particular piece of private property. In Massachusetts, these are most commonly issued by businesses, landlords, or homeowners and they don’t require a court order to be valid.

Police often serve these notices, but they’re not criminal charges themselves. That said, if you ignore the order and return to the property, you can be charged with trespassing under G.L. c. 266, § 120. The penalties include a fine or even jail time, especially if it’s part of a larger dispute.

No trespass orders are frequently used in shoplifting or disturbance cases. I’ve seen clients issued one after being accused of minor conduct in a store or an apartment complex. Even if no charges are filed at the time, the order stays in place and violating it later can lead to a court date.

It’s important to take these notices seriously. If you’ve been given one and you think it was unfair, or if you're now facing charges for allegedly violating it, I can help you understand your options and defend your case.