Massachusetts Criminal Process
Overview of the criminal process.
| Police or government agency sees a crime in progress | Police or government agency believes person is a criminal or citizen makes complaint but police did not see crime. |
| 1) Arrest | May apply to the court for a magistrate hearing who may issue a criminal complaint. |
| 2) Interrogation resulting in: -Confession -Breath Test -Blood Test |
Police may "drop" a warrant for persons arrest. |
| 3) In state court, Police must call magistrate to set bail | 1) Arrested. |
| 4) Arraignment: next business day or that day. DA can ask for bail. | 2) Arraignment: next business day or that day. DA can ask for bail. |
| 5) Pre-Trial Conference | In certain circumstances, government can proceed by way of a grand jury which can vote on indictments. |
| 6) Motions: Discovery, dispositive e.g. suppress | If indicted in federal court, government can request a "detainer:" a bail. |
| 7) Status Conference | |
| 8) Trial -District- 6 Man -Superior- 12 Man |