Law Office Of James J. Kaeding

Answers to Common Questions about Criminal Law

• What happens at Arraignment?
• Will I have to post bail?
• Are there other conditions of release?
• Do I need a lawyer?
• Can I get a court-appointed lawyer?
• How many times will I have to go to court?
• What kinds of trials are there?
• What is the difference between District and Superior Court?
• If I am found guilty of a crime, how is it decided if I will get probation or go to jail or prison?
• What is probation?
• What is a violation of probation?
• Besides jail or probation, are there other consequences to a conviction?

City Hall, Worcester, MA

What happens at Arraignment?

An arraignment is the formal reading of the charges against a defendant. A "not guilty" plea to the charges will be automatically entered by the judge. The judge will ask you if you intend to hire an attorney, if you want to ask the Court to appoint a lawyer for you, or if you want to give up your right to a lawyer and represent yourself. You will then be given a date to return for a "pre-trial conference".

Will I have to post bail?

In some cases, the prosecutor may ask that a bail amount be set by the Court to insure that you will return to Court for the next date. In that event, your attorney will argue for your interests in a bail hearing, the judge will decide if bail will be set, and, if so, at what amount. If a bail amount is set, you will be held in custody unless and until that amount is posted. At the end of the case, the bail money will be returned to the person who posted it. If bail is set in District Court, it can be appealed to the Superior Court, which may reduce the bail amount, increase it, or keep it at the same level.

Are there other conditions of release?

Besides a cash amount of bail, the judge may also order you to comply with certain conditions of release while your case is open. If the alleged crime involves alcohol or drugs, you may be ordered to attend AA (Alcoholics Anonymous) or NA (Narcotics Anonymous) meetings, and/or submit to drug or alcohol testing. You may be ordered to stay away from and have no contact with the alleged victim. You may be ordered to report to the probation department on a regular basis. Failure to comply with conditions of release may result in your detention and jail for a period of time while your case is open. If you are charged with a new crime while your case is open, you may be held in jail without bail for up to 60 days.

Do I need a lawyer?

This decision, like any other important decision, is best made by gathering all the facts and weighing the costs and benefits. What is the worst that can happen to you if found guilty of this crime? Is it a $100 fine, or 5 years in state prison? Is it a complicated case that will involve complex issues of legal procedure and rules of evidence? There is a benefit to having an attorney who is trained in procedure and evidence, knows what to expect from the prosecutors, the probation department, and the judge, can give you advice and fight for your interests. Of course, you have to balance the cost of an attorney with the benefits in your particular case.

Worcester County Courthouse

Can I get a court-appointed lawyer?

If you are charged with a crime that may result in a jail sentence, and if you meet certain income and asset conditions, you may qualify to have a lawyer appointed to you for a low or no fee. Court appointed lawyers are experienced, trained trial attorneys who zealously advocate for you, even if they are paid by the state.

How many times will I have to go to court?

After arraignment, there will be a pre-trial conference date, where the prosecutor and your attorney will discuss your case and the evidence that will be exchanged. Depending on your case, there may be several court dates after that. You and your attorney will discuss the strategy that is best in your particular situation, so the best answer to this question is "It depends…"

There are several decisions that you will have to make: Should you go to trial? What kind of trial? Should you admit to the charges? Your attorney will explain your options and give you advice to help you make this decision.

What kinds of trials are there?

You can choose to have a jury trial or a trial before a judge without a jury. In District Court, a jury is made up of 6 people; in Superior Court, a jury has 12 members. In either kind of trial, the prosecutor has to prove, beyond a reasonable doubt, that you committed the crime you are accused of. In a jury trial, the jury listens to the evidence, and must reach a unanimous verdict: guilty or not guilty. If the jury verdict is "guilty," the judge then decides what the penalty is. In a trial without a jury, the judge listens to the evidence and then decides the verdict.

What is the difference between District and Superior Court?

The more serious crimes are handled in Superior Court. The penalty in Superior Court can be state prison, whereas the District Court can only sentence people to county jail.

If I am found guilty of a crime, how is it decided if I will get probation or go to jail or prison?

Many factors are taken into consideration by the judge. Do you have a criminal history? How serious is the crime? Is there a mandatory minimum sentence for your crime? Good, effective advocacy by your attorney can make a difference in the outcome as well.

What is probation?

As an alternative to incarceration, you can be placed on probation for a specified period of time. During this time, you must comply with certain conditions, depending on your case. For instance, you must obey all laws and notify the probation department of any change of address or employment. Special conditions may include attending counseling programs, paying restitution, staying away from a victim, staying alcohol or drug free, and/or submitting to random drug or alcohol screens.

What is a violation of probation?

Any violation of the terms and conditions of probation can trigger a "violation of probation" which will involve an arraignment and hearing. If found in violation of probation, you may be punished to the maximum extent allowable for the crime for which you are on probation. For instance, the crime of assault and battery carries a maximum sentence of 2 ½ years in jail. If you are on probation for assault and battery, and violate probation, you risk having your probation revoked and being sentenced to 2 ½ years in jail. Whether you go to jail for violating probation can depend on your record, the nature of your violation, and skilled advocacy by your attorney.

Besides jail or probation, are there other consequences to a conviction?

Depending on the crime, a conviction can result in a loss of your driverÕs license, disqualify you for federal student aid, restrict your job choices, prevent you from obtaining a weapons permit, or require you to register with certain government databases.