Criminal Law in Massachusetts

If you are accused of a crime, matter where you reside in the United States, then you are presumed innocent until you plead or are proven guilty. However, laws and their interpretations can vary from state to state. Criminal law often deals with cases of murder, assault, drunken driving, and more. According to state’s website, the courts in the Commonwealth of Massachusetts resolve more than 235,000 criminal cases each year.

Understanding Criminal Law

Criminal law is a system of laws used to determine the punishment of those who commit crimes. The laws differ from one jurisdiction to another, so it’s important to understand the laws in your specific state. Of course, the basis of criminal law is the same across the country– a person who is charged with an offense is not automatically guilty, nor does it mean they actually committed the crime. In criminal cases, only the federal or a state government may initiate a case. In these cases, guilt must be determined by a judge or a jury of your peers. Defendants are able to choose whether they’d like a jury trial or a bench trial.

District Court vs Superior Court

In Massachusetts, most serious cases that result in prison sentences of more than 2.5 years are heard in the Superior Court. Less serious cases are usually heard in one of the state’s 61 District Courts. In a District Court, criminal cases begin with an application for a complaint that is filed through the clerk’s office by the police, an individual, or a specific organization.

Criminal cases in Massachusetts often begin in a District Court. Cases seen in a District Court are often lesser crimes that will result in no more than five years of prison time. If a person chooses a jury trial in District Court, the jury will be made up of 6 people. In Superior Court, a jury is made up of 12. A regular jury is not to be confused with a grand jury which is made up of 12-23 people.

In fact, Superior Court cases start with an indictment that is submitted by a grand jury. A grand jury is made up of a maximum of 23 jurors who are selected to examine the validity of an accusation before trial. For a Superior Court case to take place in Massachusetts, a grand jury must submit an indictment (a document listing the charges) if there is probable cause to believe a crime has been committed by the defendant. If the jury issues an indictment, the individual is then notified and must appear in Superior Court on the arraignment date. It’s important to note that this charge does not mean that the person has committed a crime. A judge or jury will ultimately decide at a later date if the individual is guilty or not.

Massachusetts Criminal Laws

Criminal laws in the Commonwealth of Massachusetts are unique in a number of ways. From gun control and domestic violence to drug possession and identity theft, each crime has a specific penalty associated with it.

For example, identity theft is a criminal offense in Massachusetts with an imprisonment of up to two years, a fine of up to $5,000, or both, if found guilty. In other states, like Maryland, depending on the severity of the crime, folks can face fines of up to $25,000 along with imprisonment.