What Is a Continuance in a Criminal Case in Massachusetts?

In Massachusetts, a continuance means the court is postponing your case to a future date. It can happen for all kinds of reasons such as missing discovery, witness availability, ongoing negotiations, or simple court congestion.

But continuances are more than just scheduling changes. They can affect your strategy, your rights, and even your liberty.

Sometimes a continuance benefits the defense: it gives us time to prepare, negotiate, or file motions. Other times, it’s the Commonwealth asking for more time and that’s where I push back. If the prosecution isn’t ready, I may argue for dismissal or to exclude evidence.

These continuances are not to be confused with a continuance without a finding (CWOF), which is a resolution to the case.

I always review the reason for every continuance and whether it’s helping or hurting your case. What sounds like a routine delay can sometimes signal a larger opportunity or a growing risk.

Can a Clerk Magistrate Dismiss a Felony Complaint in Massachusetts?

In Massachusetts, most clerk magistrate hearings involve misdemeanors, but some felony charges start there too. And in some of those cases, yes, the clerk magistrate can choose not to issue the complaint.

This only happens when the defendant hasn’t been arrested. If police apply for a complaint on a felony charge without arresting you, you have the right to a show cause hearing, even if the charge is serious.

At that hearing, the magistrate decides whether there’s probable cause to believe a crime was committed and whether charges should issue. They have broad discretion to deny the complaint, even if the probable cause standard is technically met.

I’ve had felony charges like larceny over $1,200, possession with intent to distribute, and threats to commit a crime dismissed at clerk hearings. Often it comes down to context: Was it a misunderstanding? Is restitution an option? Does the complainant even want to proceed?

This is a critical stage of the process. A successful outcome means you avoid arraignment, a public record, and months of court dates. If you’ve received a notice for a clerk magistrate hearing, contact me now as there may still be a chance to stop the case before it begins.

Can You Be Charged with a Crime of Self-Defense in Massachusetts?

Yes, you can be charged with a crime in Massachusetts even if you acted in self-defense. That surprises a lot of people, but it’s not uncommon.

Police often arrest first and let the courts sort it out. In a fight or confrontation, they may not know who started it, who escalated it, or whether force was necessary. If you admit to throwing a punch, pulling someone off you, or even using a weapon in defense, that can be enough to trigger a charge.

But being charged isn’t the same as being convicted.

Massachusetts law allows you to use reasonable force to defend yourself or someone else if:
- You reasonably believed you were in imminent danger of harm 
- You used no more force than necessary 
- You were not the initial aggressor (with some exceptions)

Self-defense is an affirmative defense, which means you admit to the act but argue it was justified. I’ve won cases by showing that the alleged “victim” was actually the aggressor, or that my client had no way to retreat and acted reasonably under the circumstances.

Self-defense cases turn on facts. Eyewitnesses, injuries, 911 calls, and surveillance footage can make or break them. If you're charged after defending yourself, the sooner we start building the case, the better.

What Is Restitution in a Massachusetts Criminal Case?

In Massachusetts, restitution is money you may be ordered to pay to a victim after a conviction or admission. It’s meant to cover the victim’s actual losses, not to punish you further.

Restitution typically applies in cases involving property damage, theft, or physical harm. If someone’s window was broken, car was stolen, or medical bills were incurred, the court may order you to pay those costs back as part of your sentence or probation.

But the amount has to be proven. The Commonwealth must show that the losses were caused by the crime and are reasonably documented. I’ve challenged restitution amounts where the paperwork didn’t match up, or the victim tried to include things that weren’t related.

You also have a right to a restitution hearing. If you dispute the amount, the court will hold a hearing and let both sides present evidence. Sometimes restitution can be reduced or eliminated depending on your financial situation or the strength of the claim.

Restitution isn’t automatic, and it’s not the same as civil damages. If you’re facing a demand to pay money in a criminal case, I can help protect your rights and fight for a fair result.

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.