Legal Overviews

26 4, 2023

District v. Superior Court

By Matthew Barison|2025-09-26T03:00:34+00:00April 26, 2023|Court System, Criminal Justice, Legal Overviews|

There is a lot of news in the air around indictments, namely of a former President. As that saga has been unfolding I’ve been able to answer to some questions regarding the court system, as inevitably, court coverage results in a lot of jargon. As there is an order to the processes and procedures in courts, so too is there a highly specific form or language to describe its various components.

To start at the beginning, how does a alleged crime become a matter before the court? In Massachusetts state courts, the bulk of the criminal matters begin as Summonses. A Summons is a court order to appear. Individuals are summonsed to court [Read More…]

11 12, 2019

Mechanics of Plea Deals
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Mechanics of Plea Deals

Court System, Criminal Justice, Legal Overviews

Mechanics of Plea Deals

By Matthew Barison|2025-09-26T03:00:37+00:00December 11, 2019|Court System, Criminal Justice, Legal Overviews|

Criminal cases are often resolved through plea deals. So how exactly do they work? Well, like most things in the court system, there is a form for it! Take a look at the attached image, which is the front page of the “Tender of Plea” sheet. Some lawyers refer to these as “green sheets,” as some courts print these forms on green paper, although many no longer do so.

The most important part of this form is found in Section I, the “Conditional Tender of Plea or Admission.” At the top of this section are three options, the first two being the most common, either a “Guilty Plea” or an “Admission to Facts Sufficient for a Finding of Guilty.” The latter is also known as a “Continuance Without a [Read More…]

6 3, 2019

911 Calls as Evidence at Trial
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911 Calls as Evidence at Trial

Constitutional Law, Court System, Criminal Justice, Legal Overviews

911 Calls as Evidence at Trial

By Matthew Barison|2025-09-26T03:00:39+00:00March 6, 2019|Constitutional Law, Court System, Criminal Justice, Legal Overviews|

Can a 911 call be entered in evidence at trial? This is a question that I get often from clients, and the answer is “it depends.” At trial, the most powerful testimony is that of someone on the stand, speaking to the jury. Witnesses, oftentimes alleged victims of crimes, are afforded the opportunity to be heard. But sometimes witnesses are unavailable or unwilling to testify. What then?

The Supreme Court and the Massachusetts SJC have all weighed in on whether 911 calls can be admitted absent the caller’s live testimony. The key question in such an analysis is whether the caller was reporting an “ongoing emergency,” or whether the caller was reporting something that had happened earlier.

In [Read More…]

28 12, 2018

Pre-Trial Diversion

By Matthew Barison|2025-09-26T03:00:39+00:00December 28, 2018|Court System, Criminal Justice, Legal Overviews|

At arraignment, an entry is created on a defendant’s Board of Probation (BOP) record. This record, sometimes called a “rap sheet,” is an overview of your criminal history and includes juvenile court records, adult court records and restraining orders. Judges have access to all this information and use it when making decisions regarding bail and plea deals.

As you might imagine, less is more; that is, the fewer entries on the BOP, the more likely a case can be resolved in your favor.

That is why the expansion of Pre-Trial Diversion, enabled under the new criminal justice reform laws, is hugely important.

The new laws allow the court to postpone arraignment if certain conditions are met:

1) No convictions for any [Read More…]

6 9, 2018

The Power of the Jury Trial

By Matthew Barison|2025-09-26T03:00:40+00:00September 6, 2018|Constitutional Law, Court System, Criminal Justice, Legal Overviews|

There has been a lot written lately about how the jury trial is an endangered species. While it it true that most criminal complaints resolve short of a jury trial (through a plea deal) many cases can and must go to trial.

Many serious offenses in the Commonwealth, such as Indecent Assault and Battery Under 14, require those convicted to register as sex offenders; the laws are often written to prohibit defendants from making plea deals to avoid the registration requirement. In such instances, the only way to avoid being labeled a sex offender is to be found not guilty by a jury.

I recently defended an individual who found himself in such circumstances, and was able to obtain a NOT GUILTY verdict after a jury trial. [Read More…]