reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 61 - Crime Committed at Sea, etc., Resulting in Death in County; Venue

Section 61. If a mortal wound is given, or if other violence or injury is inflicted, or if poison is administered, on the high seas or on land either within or without the commonwealth, by means whereof death ensues in any county thereof, the homicide may be prosecuted and punished in the county where the death happens.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 62 - Crime Committed in Commonwealth Resulting in Death Outside Commonwealth; Venue

Section 62. If a mortal wound is given, or if other violence or injury is inflicted, or if poison is administered, in any county of the commonwealth, by means whereof death ensues without the commonwealth, the homicide may be prosecuted and punished in the county where the act was committed.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 62a - Violations of Chapter 209a; Venue

Section 62A. Any criminal violation of chapter two hundred and nine A may be prosecuted and punished in the territorial jurisdiction in which the violation was committed or in which the original order under said chapter two hundred and nine A was issued.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 62b - Stalking; Venue

Section 62B. The crime of stalking, as set forth in section forty-three of chapter two hundred and sixty-five, may be prosecuted and punished in any territorial jurisdiction of the commonwealth wherein an act constituting an element of the crime was committed.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 62c - Violations of Sec. 35a of Chapter 266; Venue

Section 62C. A violation of section 35A of chapter 266 may be prosecuted and punished in:
(1) the county in which the residential property for which a mortgage loan is being sought is located;
(2) the county in which any act was performed in furtherance of the violation;
(3) the county in which any person alleged to have violated this section had control or possession of any proceeds of, or other funds received as a result of the violation;
(4) the county in which a closing on the mortgage loan occurred; or
(5) the county in which a document containing a deliberate misstatement, misrepresentation or omission is filed with a registrar of deeds.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 63 - Limitation of Criminal Prosecutions

Section 63. An indictment for murder may be found at any time after the death of the person alleged to have been murdered. An indictment or complaint for an offense set forth in section 13B, 13B1/2, 13B3/4, 13F, 13L, 22A, 22B, 22C, 23, 23A, 23B, 24B or subsection (b) of section 50 of chapter 265, for conspiracy to commit any of these offenses, as an accessory thereto, or any 1 or more of them may be found and filed at any time after the date of the commission of such offense; but any indictment or complaint found and filed more than 27 years after the date of commission of such offense shall be supported by independent evidence that corroborates the victim's allegation. Such independent evidence shall be admissible during trial and shall not consist exclusively of the opinions of mental health professionals. An indictment for an offense set forth in sections 22, 24 or subsection (a) of section 50 of chapter 265, or for conspiracy to commit either of these offenses or as an accessory thereto or any 1 or more of them may be found and filed within 15 years of the date of commission of such offense. An indictment for an offense set forth in sections 17, 18, 19 and 21 of said chapter 265 or section 17 of chapter 272, for conspiracy to commit any such crime, as an accessory thereto, or any 1 or more of them may be found and filed within 10 years after the date of commission of such offense. An indictment for any other crime shall be found and filed within 6 years after such crime has been committed. Any period during which the defendant is not usually and publicly a resident within the commonwealth shall be excluded in determining the time limited.
Notwithstanding the first paragraph, if a victim of a crime set forth in section 13B, 13F, 13H, 22, 22A, 23, 24B, 26A or 50 of chapter 265, or section 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 12, 13, 17, 26, 28, 29A, 29B, 33, 34, 35 or 35A of chapter 272 is under the age of 16 at the time the crime is committed, the period of limitation for prosecution shall not commence until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, whichever occurs earlier.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 64 - Limitation of New Indictment Against Corporation After Abatement or Defeat of Former Indictment

Section 64. If an indictment, duly found and returned within the time limited by law against a corporation to recover a pecuniary penalty, is abated or otherwise avoided or defeated by reason of any matter of form, or if after a verdict against such corporation judgment is arrested, or if a judgment against such corporation is reversed on writ of error, a new indictment for the same cause may be found and filed within one year after the abatement of the former indictment or the reversal of the judgment as aforesaid.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 65 - Service of Copy of Indictment for Murder on Prisoner, Etc.

Section 65. After the finding of an indictment for murder, the defendant, if in custody, shall forthwith be served by the sheriff or his deputy with a copy thereof and with an order of the court notifying him that the indictment will be entered forthwith upon the docket of the superior court for the county where found.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 66 - List of Jurors to Prisoners; Process for Witnesses

Section 66. A prisoner indicted for a crime punishable with death or imprisonment for life, upon demand by him or his counsel upon the clerk, shall have a list of the jurors who have been returned and process to summon witnesses who are necessary to his defence, at the expense of the commonwealth.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 67 - Furnishing Person in Custody, etc., With Copy of Indictment

Section 67. Whoever, having been indicted for felony, is under recognizance or in custody to answer therefor shall be entitled to a copy of the indictment and of all endorsements thereon without charge.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 68 - Issuance of Subpoenas by Attorney General and District Attorneys

Section 68. The attorney general and district attorneys may issue subpoenas under their hands for witnesses to appear and testify on behalf of the commonwealth, and such subpoenas shall have the same force, and be obeyed in the same manner, and under the same penalties, in case of default, as if issued by the clerk of the court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 70 - Recognizance of Witnesses

Section 70. A justice of a court of record may at any time order a witness for the commonwealth in a criminal case or in a case under sections fifty-two to sixty-four, inclusive, of chapter one hundred and nineteen, pending in such court to recognize, with or without sureties, to appear and testify at the next or any succeeding sitting of said court, and may issue a warrant to bring such witness before him to recognize as aforesaid; but a witness unable to procure sureties shall not on that account be committed to jail except in cases of felony.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 70b - Placing Cases on File; Statement of Reasons

Section 70B. Except as otherwise provided by law, a criminal case shall not be placed on file, on motion of a district attorney or assistant district attorney, unless such motion is accompanied by a written statement of the reasons for such disposition, signed by the district attorney or assistant district attorney, which shall be filed with the pleadings, and also accompanied by a statement of any previous criminal record of the accused.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 70c - Treatment of Violation of Ordinance, By-Law or Misdemeanor Offense as a Civil Infraction

Section 70C. Upon oral motion by the commonwealth or the defendant at arraignment or pretrial conference, or upon the court's own motion at any time, the court may, unless the commonwealth objects, in writing, stating the reasons for such objection, treat a violation of a municipal ordinance, or by-law or a misdemeanor offense as a civil infraction. This section shall not apply to the offenses in sections 22F, 24, 24D, 24G, 24L and 24N of chapter 90, sections 8, 8A and 8B of chapter 90B, sections 34, 36, 39, 51A, 51E, 51F, 55, 63 and 63A of chapter 119, chapter 119A, chapter 209, chapter 209A, chapter 265, section 25 of chapter 266, sections 1, 2, 3, 6, 6A, 6B, 8B, 13, 13A, 13B, 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 23, 28, 31 and 36 of chapter 268, chapter 268A, sections 10, 10A, 10C, 10D, 10E, 11B, 11C, 11E, 12, 12A, 12B, 12D and 12E of chapter 269 and sections 1, 2, 3, 4, 4A, 4B, 6, 7, 8, 12, 13, 16, 28, 29A and 29B of chapter 272. If a motion to proceed civilly is allowed, the court shall not appoint counsel. If counsel has already been appointed, the court shall revoke the appointment. A person complained of for such civil infraction shall be adjudicated responsible upon such finding by the court and shall not be sentenced to any term of incarceration. The commonwealth shall maintain a copy of all objections filed under this section and shall report the number of such objections, delineated by divisions of the district court, every 6 months to the house and senate committees on ways and means.
When the court has treated a violation of a municipal ordinance or by-law or a misdemeanor offense as a civil infraction under this section and the ordinance, by-law or misdemeanor in question does not set forth a civil fine as a possible penalty, the court may impose a fine of not more than $5,000. An adjudication of responsibility shall neither be used in the calculation of second and subsequent offenses under any chapter, nor as the basis for the revocation of parole or of a probation surrender. An adjudication of responsibility under this section may include an order of restitution.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277 - Indictments and Proceedings Before Trial › Section 73 - Compensation for Confinement of Persons Discharged

Section 73. Any person in the commonwealth kept in confinement awaiting trial for more than six months after having been indicted, and finally acquitted or discharged without trial, if the delay in trial was not at his request or with his consent, or at the request or with the consent of his attorney of record, may receive compensation for the period of his confinement after the lapse of said six months and until his acquittal or discharge; provided, that the payment of compensation is approved by the justice who presided at the trial, or in the case of a discharge without trial, by a justice of the superior court sitting at a session for criminal business in and for the county where the indictment was found. Such compensation shall be paid by the commonwealth and shall be equivalent to the amount which the indicted person earned or received from his regular employment for any period of equal length during the two years immediately preceding his confinement; and if he had no employment, the compensation shall be such reasonable sum as shall be determined by the justice who presided at the trial, or, in the case of a discharge without trial, by a justice of the superior court sitting at a session for criminal business in and for the county where the indictment was found. The justice, upon application by the person acquitted or discharged, shall give a hearing at which such person or his representative may be present, if he so desires, and the district attorney or other officer representing the commonwealth may also be present, and the person acquitted or discharged and the commonwealth may offer testimony as in any civil case. The decision of the justice shall be final.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277b - Statewide Grand Jury › Section 1 - Authority to Convene Statewide Grand Jury

[Text of section effective until December 31, 2026. Repealed by 2015, 10, Sec. 46. See 2015, 10, Sec. 71 as amended by 2020, 146.]
Section 1. Upon written application of the attorney general to the chief justice of the superior court department, with good cause stated therein, the chief justice may authorize the convening of a statewide grand jury with jurisdiction extending throughout the commonwealth.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277b - Statewide Grand Jury › Section 2 - Selection of County Where Statewide Grand Jury to Sit; Appointment of Superior Court Justice to Preside

[Text of section effective until December 31, 2026. Repealed by 2015, 10, Sec. 46. See 2015, 10, Sec. 71 as amended by 2020, 146.]
Section 2. The chief justice of the superior court department shall, upon granting an application, receive recommendations from the attorney general as to the county in which the statewide grand jury shall sit. Upon receiving the attorney general's recommendations, the chief justice shall choose 1 of those recommended locations as the site where the grand jury shall sit. Once a county has been selected, the chief justice shall direct the regional justice from the county selected to appoint, and reappoint as necessary, a superior court justice to preside over the statewide grand jury.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277b - Statewide Grand Jury › Section 3 - Nature and Scope of Investigation

[Text of section effective until December 31, 2026. Repealed by 2015, 10, Sec. 46. See 2015, 10, Sec. 71 as amended by 2020, 146.]
Section 3. The superior court justice appointed to preside over the grand jury shall consult with the attorney general and district attorney for the relevant district about the nature and scope of the investigation and shall thereafter designate and authorize an existing county grand jury to serve as a statewide grand jury for the purposes of the investigation specified in the written application or, alternatively, the superior court justice may convene and preside over a specially-empaneled statewide grand jury.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277b - Statewide Grand Jury › Section 4 - Manner of Drawing and Selecting Specially-Empaneled Statewide Grand Jury

[Text of section effective until December 31, 2026. Repealed by 2015, 10, Sec. 46. See 2015, 10, Sec. 71 as amended by 2020, 146.]
Section 4. A specially-empaneled statewide grand jury shall be drawn and selected in the same manner as the county grand jury in the county in which the specially-empaneled statewide grand jury is to sit. A specially-empaneled statewide grand jury may, at the discretion of the presiding superior court justice, draw jurors from counties adjoining the county in which the statewide grand jury is to sit.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277b - Statewide Grand Jury › Section 5 - Period During Which Statewide Grand Jury May Sit

[Text of section effective until December 31, 2026. Repealed by 2015, 10, Sec. 46. See 2015, 10, Sec. 71 as amended by 2020, 146.]
Section 5. A specially-empaneled statewide grand jury convened pursuant to this chapter shall sit for a period not to exceed 18 months. The superior court justice presiding over the statewide grand jury may extend that period if, in accordance with section 41 of chapter 234A and section 1A of chapter 277, public necessity requires further time by the statewide grand jury to complete an ongoing investigation.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277b - Statewide Grand Jury › Section 6 - Powers and Duties of Attorney General and Assistant Attorney General

[Text of section effective until December 31, 2026. Repealed by 2015, 10, Sec. 46. See 2015, 10, Sec. 71 as amended by 2020, 146.]
Section 6. The attorney general or an assistant attorney general shall attend each session of a statewide grand jury and may prosecute any indictment returned by it. The attorney general or assistant attorney general shall have the same powers and duties in relation to a statewide grand jury that the attorney general or assistant attorney general has in relation to a county grand jury, except as otherwise provided by law.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277b - Statewide Grand Jury › Section 7 - County in Which Indictment to Be Returned; Venue

[Text of section effective until December 31, 2026. Repealed by 2015, 10, Sec. 46. See 2015, 10, Sec. 71 as amended by 2020, 146.]
Section 7. Indictments shall be returned in the county wherein the statewide grand jury sits and shall thereafter be transferred to the county specified by the statewide grand jury on the indictment. For the purposes of trial for offenses indicted by a statewide grand jury, venue shall be in any county in which venue would otherwise be proper.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 277b - Statewide Grand Jury › Section 8 - Effect on Jurisdiction of County Grand Jury or District Attorney

[Text of section effective until December 31, 2026. Repealed by 2015, 10, Sec. 46. See 2015, 10, Sec. 71 as amended by 2020, 146.]
Section 8. Nothing in this chapter shall limit the jurisdiction of county grand juries or district attorneys. Except as otherwise provided by law, an investigation by a statewide grand jury shall not preempt an investigation by any other grand jury or agency having jurisdiction over the same subject matter.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 1 - Trial List of Criminal Cases, Adding Cases to List

Section 1. At each session of the superior court for criminal business, the district attorney, before trials begin, shall make and deposit with the clerk, for the inspection of parties, a list of all cases to be tried at that session, and the cases shall be tried in the order of such trial list, unless otherwise ordered by the court for cause shown. Cases may be added to such list by direction of the court, on its own motion or upon motion of the district attorney or of the defendant.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 2 - Trial of Issues of Fact

Section 2. Issues of fact joined upon an indictment or complaint shall, in the superior court, be tried by a jury drawn and returned in the manner provided for the trial of issues of fact in civil causes, unless the person indicted or complained against elects to be tried by the court as provided by law.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 4 - Oaths of Jurors

Section 4. The following oath shall be administered to the jurors for the trial of all criminal cases which are not capital:
You shall well and truly try the issue between the commonwealth and the defendant, (or the defendants, as the case may be,) according to your evidence; so help you God.
The following oath shall be administered to the jurors for the trial of capital cases:
You shall well and truly try, and true deliverance make, between the commonwealth and the prisoner at the bar, whom you shall have in charge, according to your evidence; so help you God.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 6a - Testimony Concerning Ownership in Cases Involving Motor Vehicle Theft or Fraudulent Claims; Preservation of Testimony

Section 6A. At the arraignment of a defendant charged with violating the provisions of sections twenty-seven A, twenty-eight, twenty-nine, one hundred and eleven A and one hundred and thirty-nine of chapter two hundred and sixty-six, the court shall, upon a showing of need by the commonwealth, and after granting adequate time to defense counsel to consult with the defendant, allow testimony from the owner or person in control of such vehicle, solely on the issue of ownership and unauthorized use, and such testimony shall be taken and preserved and shall be admissible at trial.
In the prosecution of a person charged with violating the provisions of sections twenty-seven A, twenty-eight, twenty-eight A, twenty-nine, one hundred and eleven A and one hundred and thirty-nine of chapter two hundred and sixty-six, the court shall order, as a condition of granting a continuance, that the testimony of a witness then present in court be taken and preserved for subsequent use at trial or any other proceeding. The witness shall be examined in open court by the party on whose behalf he is present and the adverse party shall have the right to cross-examination. The expenses of taking and preserving the testimony shall be assessed as costs against the party requesting the continuance.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 7 - Burden to Prove License or Admission to Practice as Attorney at Law

Section 7. A defendant in a criminal prosecution, relying for his justification upon a license, appointment, admission to practice as an attorney at law, or authority, shall prove the same; and, until so proved, the presumption shall be that he is not so authorized.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 8 - Justification in Libel Cases

Section 8. The defendant in a prosecution for writing or publishing a libel may introduce in evidence the truth of the matter contained in the publication charged as libellous, and the truth shall be a justification, unless actual malice is proved.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 8a - Killing or Injuring a Person Unlawfully in a Dwelling; Defense

Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 9 - Proof of Ownership of Property

Section 9. In the prosecution of crimes which relate to or affect real or personal estate, it shall be sufficient, and shall not be a variance, if it is proved on the trial that, at the time when the crime was committed, either the actual or constructive possession or the general or special property in the whole or any part of such real or personal estate was in the person or community alleged to be the owner thereof.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 10 - Night Time; Definition

Section 10. If a crime is alleged to have been committed in the night time, night time shall be deemed the time between one hour after sunset on one day and one hour before sunrise on the next day; and the time of sunset and sunrise shall be ascertained according to mean time in the place where the crime was committed.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 11 - Directed Verdict; Setting Aside Verdict, New Trial or Finding of Guilty of Included Offense

Section 11. If a motion for a directed verdict of not guilty is denied and the case is submitted to the jury and a verdict of guilty is returned, the judge may on a renewed motion for a directed verdict of not guilty pursuant to the Massachusetts Rules of Criminal Procedure set aside the verdict and order a new trial, or order the entry of a finding of guilty of any offense included in the offense charged in the indictment or complaint.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 11a - Habitual Criminals; Separate Trial on Issue of Prior Conviction

Section 11A. If a defendant is charged with a crime for which more severe punishment is provided for second and subsequent offenses, and the complaint or indictment alleges that the offense charged is a second or subsequent offense, the defendant on arraignment shall be inquired of only for a plea of guilty or not guilty to the crime charged, and that portion of the indictment or complaint that charges, or refers to a charge that, said crime is a second or subsequent offense shall not be read in open court. If such defendant pleads not guilty and is tried before a jury, no part of the complaint or indictment which alleges that the crime charged is a second or subsequent offense shall be read or shown to the jury or referred to in any manner during the trial; provided, however, that if a defendant takes the witness stand to testify, nothing herein contained shall prevent the impeachment of his credibility by evidence of any prior conviction, subject to the provisions of section twenty-one of chapter two hundred and thirty-three. If a defendant pleads guilty or if there is a verdict or finding of guilty after trial, then before sentence is imposed, the defendant shall be further inquired of for a plea of guilty or not guilty to that portion of the complaint or indictment alleging that the crime charged is a second or subsequent offense. If he pleads guilty thereto, sentence shall be imposed; if he pleads not guilty thereto, he shall be entitled to a trial by jury of the issue of conviction of a prior offense, subject to all of the provisions of law governing criminal trials. A defendant may waive trial by jury. The court may, in its discretion, either hold the jury which returned the verdict of guilty of the crime, the trial of which was just completed, or it may order the impanelling of a new jury to try the issue of conviction of one or more prior offenses. Upon the return of a verdict, after the separate trial of the issue of conviction of one or more prior offenses, the court shall impose the sentence appropriate to said verdict.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 12 - Acquittal of Part of Crime and Conviction of Residue

Section 12. If a person indicted for a felony is acquitted by the verdict of part of the crime charged, and is convicted of the residue, such verdict may be received and recorded by the court, and thereupon the defendant shall be adjudged guilty of the crime, if any, which appears to the court to be substantially charged by the residue of the indictment, and shall be sentenced and punished accordingly.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 14 - Liability for Fees of Person Acquitted

Section 14. No prisoner or person under recognizance, acquitted by verdict or discharged because no indictment has been found against him, or for want of prosecution, shall be liable for any costs or fees or for any charge for subsistence while he was in custody.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 15 - Discontinuance of Prosecution Under By-Laws, Ordinances, Etc.

Section 15. In a prosecution before a district court under the by-laws, ordinances, orders, rules or regulations of a city or town, the city solicitor, town counsel or other person appointed to represent such city or town may enter a nolle prosequi or do anything relative to such prosecution which may be done by the district attorney.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 16 - Assignment of Counsel for Inmates of Institutions for Reformation of Juvenile Offenders

Section 16. The court may assign counsel to an inmate of any institution for the reformation of juvenile offenders who is to be tried for an offence alleged to have been committed therein; and shall, upon application, order the superintendent or other officer of such institution to produce at the trial such inmates thereof as, in the opinion of the counsel for the defence, certified in writing, or of the judge, in the absence of counsel, are material witnesses for the defence; and such officer shall obey the order and provide for the custody and safe return of such inmates.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 16a - Exclusion of Public From Trial for Sex Offenses Involving Minors Under Age of Eighteen

Section 16A. At the trial of a complaint or indictment for rape, incest, carnal abuse or other crime involving sex, where a minor under eighteen years of age is the person upon, with or against whom the crime is alleged to have been committed, or at the trial of a complaint or indictment for getting a woman with child out of wedlock, or for the non-support of a child born out of wedlock, the presiding justice shall exclude the general public from the court room, admitting only such persons as may have a direct interest in the case.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 16b - Exclusion of Public From Trial of Criminal Proceeding Involving Husband and Wife

Section 16B. The presiding justice of a district court may exclude the general public from the court room during the trial of any criminal proceeding involving husband and wife.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 16c - Exclusion of Public From Trial Involving Crime of Incest or Rape

Section 16C. To protect the parties involved at a trial arising from a complaint or indictment for incest or rape, the trial judge may exclude all spectators from the courtroom in which such trial is being held, or from said courtroom during those portions of such trial when direct testimony is to be presented; provided, that either of the parties requests that all spectators be so excluded at the trial or portions thereof; and provided further, that the defendant in such trial by a written statement waives his right to a public trial for those portions from which spectators are so excluded.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 16f - Expedited Trials of Sex Crimes Involving Minor Children as Victims or Witnesses; Continuance; Impact Statement

Section 16F. In any criminal proceeding involving an alleged sex crime perpetrated upon a minor child, or in which a minor child is expected to testify as a witness to a sex crime, the court shall, in order to minimize stress on such child, take action to expedite trial and give precedence to the case over any other case; provided, however, that nothing in this section shall be construed to mean that trial shall be expedited if it is not in the best interests of the child.
When a motion or a request for a continuance is made the prosecutor shall file an impact statement which specifies whether the commonwealth agrees to the request for continuance, whether the child or the child's representative agrees to such request, and the effect, if any, the granting of the continuance will have on the child. In ruling on any motion or request for continuance or other delay, the court shall consider and give weight to any possible adverse impact that a delay or continuance may have on the child. Prior to issuing an order on a motion for continuance or delay, the court shall make written findings of fact concerning the impact on the child of continuing or delaying the case.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 18 - Pleas of Not Guilty, Guilty or Nolo Contendere; Requests for Specific Disposition; Pretrial Motions

Section 18. A defendant who is before the Boston municipal court or a district court or a district court sitting in a juvenile session or a juvenile court on a criminal offense within the court's final jurisdiction shall plead not guilty or guilty, or with the consent of the court, nolo contendere. Such plea of guilty shall be submitted by the defendant and acted upon by the court; provided, however, that a defendant with whom the commonwealth cannot reach agreement for a recommended disposition shall be allowed to tender a plea of guilty together with a request for a specific disposition. Such request may include any disposition or dispositional terms within the court's jurisdiction, including, unless otherwise prohibited by law, a dispositional request that a guilty finding not be entered, but rather the case be continued without a finding to a specific date thereupon to be dismissed, such continuance conditioned upon compliance with specific terms and conditions or that the defendant be placed on probation pursuant to the provisions of section eighty-seven of chapter two hundred and seventy-six. If such a plea, with an agreed upon recommendation or with a dispositional request by the defendant, is tendered, the court shall inform the defendant that it will not impose a disposition that exceeds the terms of the agreed upon recommendation or the dispositional request by the defendant, whichever is applicable, without giving the defendant the right to withdraw the plea.
If a defendant, notwithstanding the requirements set forth hereinbefore, attempts to enter a plea or statement consisting of an admission of facts sufficient for finding of guilt, or some similar statement, such admission shall be deemed a tender of a plea of guilty for purposes of the procedures set forth in this section.
Any pretrial motion filed in a criminal case pending in the Boston municipal court or district court or a district court sitting in a juvenile session or a juvenile court and decided before entry of defendant's decision on waiver of the right to jury trial shall not be refiled or reheard thereafter, except in the discretion of the court as substantial justice requires. Any such pretrial motion not filed or filed but not decided prior to entry of the defendant's decision on waiver of the right to jury trial may be filed thereafter but not later than twenty-one days after entry of said decision on waiver of the right to jury trial, except for good cause shown.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 23 - Certain Acts or Omissions by Defendant Not Admissible Against Him in Criminal Trial

Section 23. At the trial of a criminal case in the superior court, upon indictment, or in a district court, the fact that the defendant did not testify at any preliminary hearing in the first court, or that at such hearing he waived examination or did not offer any evidence in his own defense, shall not be used as evidence against him, nor be referred to or commented upon by the prosecuting officer.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 28a - Appellate Division of Superior Court for Review of Sentences

Section 28A. There shall be an appellate division of the superior court for the review of sentences to the state prison imposed by final judgments in criminal cases, except in any case in which a different sentence could not have been imposed, and for the review of sentences to the reformatory for women for terms of more than five years imposed by final judgments in such criminal cases. Said appellate division shall consist of three justices of the superior court to be designated from time to time by the chief justice of said court and shall sit in Boston or at a Massachusetts correctional institution or at such other place as may be designated by the chief justice and at such times as he shall determine. No justice shall sit or act on an appeal from a sentence imposed by him. Two justices shall constitute a quorum to decide all matters before the appellate division.
A designation by the chief justice of the members of the appellate division shall be recorded by the clerk of the appellate division who shall forthwith send copies thereof to the several clerks of the superior court.
The clerk of the superior court for criminal business in Suffolk county shall be the clerk of the appellate division of the superior court. The first assistant clerk of superior court for criminal business in Suffolk county shall be the first assistant clerk of the appellate division of the superior court; the second assistant clerk of the superior court for criminal business in Suffolk county shall be the second assistant clerk of the appellate division of the superior court.
The clerk or an assistant clerk of the appellate division of the superior court shall attend all sittings of the appellate division wherever such sittings are held and shall record the proceedings thereof. The clerk shall have the care and custody of all records, books and papers which pertain to said appellate division. The clerk and the assistant clerks of the appellate division shall have all the power and authority of a clerk of courts in any county of the commonwealth in any and all matters pertaining to the appellate division or to any criminal case in which an appeal for a review of a sentence imposed in any county has been filed.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 28b - Right of Appeal to Appellate Division; Time Limit; Stay of Execution of Sentence; Jurisdiction; Review of Judgment, etc.; Disposition

Section 28B. A person aggrieved by a sentence which may be reviewed may appeal to the appellate division for a review of such sentence. Upon the imposition of a sentence which may be reviewed, the clerk of the court shall notify the person sentenced of his right to appeal. The appeal shall be filed with the clerk of the court for the county where the judgment was rendered within ten days after the imposition of said sentence. An appeal shall not stay the execution of a sentence. The clerk of the court shall notify the chief justice, the justice who imposed the sentence and the clerk of the appellate division of the filing of an appeal. The justice who imposed the sentence appealed from may transmit to the appellate division a statement of his reasons for imposing the sentence and shall make such a statement within seven days if requested to do so by the appellate division.
The appellate division shall have jurisdiction to consider an appeal with or without a hearing, review the judgment so far as it relates to the sentence imposed and also any other sentence imposed when the sentence appealed from was imposed, notwithstanding the partial execution of any such sentence, and shall have jurisdiction to amend the judgment by ordering substituted therefor a different appropriate sentence or sentences or any other disposition of the case which could have been made at the time of the imposition of the sentence or sentences under review, but no sentence shall be increased without giving the defendant an opportunity to be heard. If the appellate division decides that the original sentence or sentences should stand, it shall dismiss the appeal. Its decision shall be final. The clerk of the appellate division shall forthwith notify the appellant, the superintendent of the correctional institution in which the appellant is confined, the clerk of the court in which judgment was rendered, the justice who imposed the sentence appealed from and the chief justice of the final action of the appellate division on an appeal. The appellate division may require the production of any records, documents, exhibits or other things connected with the proceedings. The superior court shall by rule establish forms for appeals hereunder and may by rule make such other regulations of procedure relative thereto, consistent with law, as justice may require.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 28c - Amendment of Judgment; Resentencing or Other Disposition

Section 28C. If the judgment is amended by an order substituting a different sentence or sentences or disposition of the case, the appellate division or any member thereof shall resentence the defendant or make any other disposition of the case in accordance with the order of said appellate division. Time served on a sentence appealed from shall be deemed to have been served on a substituted sentence.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 28d1/2 - Salary of Clerk and Assistant Clerks of Appellate Division; Designation and Salary of Clerical Assistant in Matters Pertaining to Business of Appellate Division

Section 28D1/2. The clerk of the appellate division shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to, the salary established and paid to said clerk of the superior court for criminal business in the county of Suffolk.
The first assistant clerk and the second assistant clerk of the appellate division shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to, the salaries established and paid to them as the first assistant clerk and second assistant clerk, respectively, of the superior court for criminal business in the county of Suffolk.
An employee of the office of the clerk of the superior court for criminal business in the county of Suffolk shall be designated by the clerk as the clerical assistant in matters pertaining to the business of the appellate division. The clerical assistant, so designated, shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to, the salary established and paid to said employee in the position held by said employee in the office of the clerk.