If you have been charged with a felony in Massachusetts, your first court appearance is a critical step in the legal process. This guide will walk you through what to expect, including checking in with probation, the arraignment process, assignment of an attorney, and the setting of bail. We will also explain the difference between a bail hearing and a dangerousness hearing.

1. Checking in at Probation

Upon arriving at the courthouse, your first stop will be the Probation Department. Every individual facing a criminal charge must check in with probation before their arraignment. Probation’s role is not to determine guilt or innocence, but rather to gather information for the court. Here’s what to expect:

• Screening and Risk Assessment: Probation officers will ask about your address, employment status, and any prior criminal history.

• Financial Affidavit: You will be asked to complete a financial affidavit to determine whether you qualify for a court-appointed attorney (if you have not already retained private counsel).

• Criminal Record Check: Probation will run a Criminal Offender Record Information (CORI) check to review any prior arrests or convictions.

After checking in with probation, you will wait for your case to be called for arraignment.

2. The Arraignment Process

The arraignment is the formal start of the court proceedings. During this brief hearing:

• The Charges Will Be Read: The judge will inform you of the charges against you.

• You Will Enter a Plea: In most felony cases, a “Not Guilty” plea is entered on your behalf at this stage.

• Bail Discussion: The prosecutor may ask the judge to set bail or request that you be held pending a dangerousness hearing.

• Attorney Assignment: If you qualify for a public defender, the judge will appoint an attorney from the Committee for Public Counsel Services (CPCS). If you have hired a private attorney, they will appear on your behalf.

After the arraignment, the judge may issue bail conditions or schedule further proceedings, such as a pre-trial conference or probable cause hearing if required for felony charges.

3. Bail vs. Dangerousness Hearings in Massachusetts

Bail Hearings

If the prosecutor requests bail, the judge will determine whether you can be released from custody before trial and, if so, under what conditions. The judge considers factors such as:

• The severity of the charges

• Your criminal record

• Ties to the community (e.g., family, employment, residence stability)

• Risk of flight

• Any history of failing to appear in court

If bail is set, you must pay the required amount to be released. If you cannot afford it, you will remain in custody unless you can request a bail review at the Superior Court.

Dangerousness Hearings (G.L. c. 276, § 58A)

In some felony cases, the prosecutor may request a dangerousness hearing, which differs from a bail hearing. If granted:

• The judge can hold you without bail for up to 120 days if they find clear and convincing evidence that your release would pose a danger to the community.

• The prosecution must prove that no conditions of release (such as a GPS monitor or house arrest) could reasonably ensure public safety.

• Unlike a bail hearing, where flight risk is the main concern, a dangerousness hearing focuses on whether you pose a risk to others.

If a dangerousness hearing is scheduled, you will remain in custody until the hearing takes place, typically within three to seven days of your arraignment.

4. After Arraignment: Next Steps

Once your arraignment is complete, the next steps in your case will depend on the circumstances. Possible proceedings include:

• Pre-Trial Conference: A hearing where both sides discuss evidence, plea negotiations, and trial preparation.

• Probable Cause Hearing: In felony cases, the prosecution must present enough evidence to justify moving forward with charges in Superior Court.

• Motions and Discovery: Your attorney may file motions to suppress evidence or dismiss charges if there are legal grounds.

It is crucial to stay in contact with your attorney, comply with bail conditions, and appear at all scheduled court dates to avoid additional legal consequences.

Final Thoughts

Your first court appearance in a felony case can feel overwhelming, but understanding the process can help you feel more prepared. Checking in with probation, going through arraignment, and dealing with bail or dangerousness determinations are all key parts of this process. Having an experienced attorney by your side is essential to protecting your rights and preparing for the next steps in your case.

If you have any questions, contact us immediately at (508) 897-0001 to discuss your options and ensure you understand what to expect at each stage of your case.