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Rule 4 – Form and Contents of Complaint or Indictment; Amendment

by admin | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to District Court and Superior Court)(a) Contents of Indictment or Complaint. An indictment and a complaint shall contain a caption as provided by law, together with a plain, concise description of the act which constitutes the crime or an appropriate...

Rule 3.1 – Determination of Probable Cause for Detention

by admin | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to cases initiated on or after September 7, 2004)(a) No person shall be held in custody for more than twenty-four hours following an arrest, absent exigent circumstances, unless:(i) a warrant or other judicial process authorizes the person’s...

Rule 3 – Complaint and Indictment; Waiver of Indictment; Probable Cause Hearing

by admin | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to cases initiated on or after September 7, 2004)(a) Commencement of Criminal Proceeding. A criminal proceeding shall be commenced in the District Court by a complaint and in the Superior Court by an indictment, except that if a defendant is charged in the...

Rule 2 – Purpose; Construction; Definition of Terms

by admin | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to District Court and Superior Court)(a) Purpose; Construction. These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration, and the...

Rule 1 – Title; Scope

by admin | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to cases initiated after September 7, 2004)(a) Title. These rules may be known and cited as the Massachusetts Rules of Criminal Procedure. (Mass.R.Crim.P.)(b) Scope. These rules govern the procedure in all criminal proceedings in the District Court, in all...