Motion to dismiss massachusetts criminal4/12/2024 At these informal hearings, the complainant (usually a police officer) must present sufficient evidence (usually a police report) to establish probable cause – a reasonable belief that the defendant committed a crime. Most criminal cases in District Court for less serious offenses start with a show cause hearing, unless the defendant is arrested. To understand the implications of this ruling, some background on District Court (and Boston Municipal Court, which is essentially the same for these purposes) practice is helpful. It should be addressed promptly by the Legislature and/or reversed by the Supreme Judicial Court. ![]() This result will waste judicial resources and is contrary to the goals of the criminal justice reform bill that just passed the Legislature. ![]() This decision has the potential to substantially increase the number of people in Massachusetts with criminal records, many of whom may face adverse consequences from employers or others. Moore, the Appeals Court held that these judges cannot decide a motion to dismiss a complaint for lack of probable cause before a defendant is arraigned – that is, before a defendant formally faces the charges and pleads guilty or not guilty. On March 22, a decision by the Massachusetts Appeals Court made a small but significant change in the authority of District Court and Boston Municipal Court judges to screen out criminal charges that may have been improperly issued or legally flawed.
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