by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to District Court and Superior Court)(a) Presence of Defendant. In any prosecution for crime the defendant shall be entitled to be present at all critical stages of the proceedings. (1) Defendant absenting himself. If a defendant is present at the...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to District Court and Superior Court)(a) Summons.(1) For Attendance of Witness; Form; Issuance. A summons shall be issued by the clerk or any person so authorized by the General Laws. It shall state the name of the court and the title, if any, of the...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to District Court and Superior Court)(a) Entry of a Nolle Prosequi. A prosecuting attorney may enter a nolle prosequi of pending charges at any time prior to the pronouncement of sentence. A nolle prosequi shall be accompanied by a written statement,...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to District Court and Superior Court)(a) Right of Interlocutory Appeal.(1) Right of Appeal Where Pretrial Motion to Dismiss or for Appropriate Relief Granted. The Commonwealth shall have the right to appeal to the Appeals Court a decision by a judge...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to cases initiated on or after September 7, 2004)(a) Procedures for Discovery.(1) Automatic Discovery.(A) Mandatory Discovery for the Defendant. The prosecution shall disclose to the defense, and permit the defense to discover, inspect and copy, each of...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to cases initiated on or after September 7, 2004)(a) In General.(1) Requirement of Writing and Signature; Waiver. A pretrial motion shall be in writing and signed by the party making the motion or the attorney for that party. Pretrial motions shall be...
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