Usually, defendants choose to have a jury trial because they want a jury of their peers to hear the evidence and decide their guilt. Therefore, before trial, defendants need to decide whether to have a jury trial, where the jury decides if the defendant is guilty or not, or a bench trial, where the judge decides without a jury. 276, § 35.) How are cases decided at a trial?ĭefendants in criminal cases (not when charges are only civil infractions) have the right to have a jury of their peers decide their guilt or innocence. When a defendant is being held in custody, any continuance may not exceed 30 days ( G.L.
11 of the Massachusetts Declaration of Rights, and Mass. See Sixth Amendment to the United States Constitution, Art. However, this time limit is often extended because the defendant agrees to continuances, and for other reasons. About the trialĪ defendant must be tried within 12 months of the "return day" (usually the arraignment date) in the court where the case is awaiting trial.
The next court date scheduled may be for motions or trial or both. During the pre-trial conference, either side can file or set a date for filing motions, including a motion to dismiss the complaint or to prevent certain evidence from being used at trial.Ī Pre-Trial Conference Report must be signed by both sides, submitted to the judge, and signed by the judge. You, or your lawyer, and the prosecutor exchange information about the case. You will then speak to the prosecutor to try to resolve your case. If you filed one at arraignment, you don't need to file another. If you want to go to trial and you don't have a lawyer, you must file a Waiver of Counsel form. If you want to resolve the case, the process is the same as the one explained in the page about arraignment. Generally, either the case is resolved or the case is prepared for trial.
If you have an attorney who was not in the courtroom when this date was set, be sure to talk to your attorney and give them the pre-trial date so the attorney can go to court with you on that date. You should talk to a lawyer before this date. A pre-trial conference date is usually the next court date scheduled after the arraignment.
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