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Superior Courts and District Courts are both trial courts, but, in general, the Superior Court handles more “serious” criminal cases. To bring a case in Superior Court, the State must seek an indictment through a grand jury proceeding. There are fewer Superior Courts around the State. For example, Hampden County presently has one Superior Court (in Springfield) but five District Courts (Chicopee, Palmer, Springfield, Holyoke, and Westfield).

Not all “serious” cases, however, are brought up to Superior Court. Superior Court and District Court have “concurrent jurisdiction” over misdemeanors and certain felonies (as outlined in MGL ch. 218 sec. 26). This means that those cases can be heard in either District Court or Superior Court. It is up to the prosecutor to decide whether a case with “concurrent jurisdiction” will be brought to Superior Court, through an indictment, or will remain in District Court. The prosecutor may make a different decision for the same exact charge, depending on the defendant’s criminal history, the circumstances around the charge, or a number of other factors.

For some felonies (those not enumerated in the statute), the Superior Court has “exclusive original jurisdiction.” These cases may only be tried in Superior Court. The District Court may hold an arraignment and set bail, but all other proceedings must be heard in Superior Court.

Finally, the Superior Court has “appellate jurisdiction” over certain proceedings in District Court. In the criminal law context, this mostly aptly applies to bail hearings. After a bail hearing in District Court, the defendant may appeal the judge’s ruling to Superior Court for a de novo bail review hearing.

Whether you received notice to appear in District Court or Superior Court, you should consult a criminal defense attorney to evaluate your case and guide you through the process. You can call Mone Law at (413) 217-4075 to set up a free phone consultation today.

Case Summary – Commonwealth v. Adjutant (443 Mass. 649, 2005)

Past cases are important to understand, because they can have meaningful implications regarding how your case will play out in court. One of the most important questions any attorney has to answer is – “what evidence will be allowed in court?” For obvious reasons, the evidence that a judge allows, or does not allow, can determine the outcome of the case. One of the important cases in this area of law is Commonwealth v. Adjutant, 443 Mass. 649 (2005).

Rhonda Adjutant was convicted of voluntary manslaughter after she killed Stephen Whiting, a client of the escort service where Ms. Adjutant was employed. The issue in the case was whether the judge should have allowed evidence of Mr. Whiting’s reputation and history of violence, even if this information was unknown to Ms. Adjutant at the time of the incident. Ms. Adjutant claimed that she acted in self-defense, so she sought to introduce this evidence to show that Mr. Whiting initiated the attack.

The Supreme Judicial Court decided that trial judges have the discretion to admit such evidence, but the judge must ultimately decide whether the probative value outweighs the prejudicial effect. This means that each judge decides, on a case by case basis, whether to admit evidence of prior acts of aggression committed by the victim. The defense must convince the judge that such evidence supports an inference that the victim started the altercation. Although the underlying case deals with a manslaughter charge, this principle applies to any case in which the defendant raises self defense. This is one of the many reasons it is important to have any attorney review all the evidence in your case, including any evidence you intend to bring into court.

If you have a pending legal matter contact Mone Law today! Attorney Mone is a zealous advocate for all of her clients! Mone Law has office in Springfield and Northampton and serves Hampshire, Hampden and Franklin County courts.

Many people are familiar with an “arraignment” as the preliminary hearing in a criminal case. However, when you are accused of a misdemeanor, your first court date may be a “show cause hearing.” This means that a complaint against you has not been yet issued. Instead, you will appear before a clerk magistrate to determine if there is sufficient evidence to support the complaint.

The clerk magistrate will hear from the charging party, often the police department. The police officer present may simply read from the police report. You have the right to speak at this hearing as well. However, like any other stage in a case, you should consult an attorney before you talk about the accusations against you. 

After hearing from both parties, the clerk magistrate will determine if there is probable cause to issue a compliant. Probable cause is a low standard – it is the same standard the police need to make an arrest. 

You should consult with an attorney before the show cause hearing. An attorney can help you navigate the procedure, evaluate the strength of the evidence against you, and advise you on strategy at the hearing. You may also bring an attorney to represent you at the show cause hearing. 

If you have been ordered to appear at a show cause hearing, call Mone Law to see if we can help you.