1. Arraignment - This is first day in court. You will be formally charged with the crimes against you and the court will enter a plea of not guilty for you or you will have to enter a plea of not guilty. The Court will then give you a date to come back for a pre-trial conference or pre-trial hearing;
2. Pre-trial Conference or Pre-trial hearing - This is a discovery date where your attorney and the government discuss your case and complete various court forms. The completed forms set forth what information and evidence has been exchanged and what information and evidence will be produced in the future;
3. Motion Hearing - A motion is a request for the court to do something. There are two different kinds of motions:
- Motions to get the prosecutor to turn over things they don't want to and
- Motions to stop the prosecutor from using evidence as a result of police mistakes or failure to follow procedures. These types of motion are commonly referred to as "motions to suppress" or "motions to dismiss;"
4. Trial - In Massachusetts the accused has the choice of having a trial before a jury or a judge to decide the case based upon the evidence. The decision is up to the client and is usually made on the trial date. In District Court, a jury consists of six(6) citizens chosen randomly from the community to listen to the evidence and decide your guilt or innocence. A decision from the jury must be unanimous.
5. Disposition - This term refers to what happens if you plead guilty, are found guilty or take a continuance without finding (CWOF). It can include jail or probation and may include the condition that you remain drug or alcohol free.
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