What Happens at a Pretrial Hearing in Massachusetts?

Your pretrial hearing is coming up, and you are wondering what to expect. Here is the truth: a pretrial hearing is not just another court date -- it is where critical decisions get made that can determine whether your case gets resolved favorably, drags on for months, or heads toward trial. If you were just arraigned and you are reading this, you are in a decision window. The choices you make now -- especially whether to have a lawyer in your corner -- will shape everything that follows. Call (978) 969-2890 for a free consultation.

Key Information: What You Need to Know

What It Is: A pretrial hearing is your next court date after arraignment. It is mandatory in all Massachusetts criminal cases. Multiple pretrial hearings are common depending on your case.

What Happens: Discovery exchange (evidence from the prosecution), plea discussions between your lawyer and the prosecutor, motions for additional evidence, and scheduling of next steps.

Do You Need a Lawyer: Yes. Without an attorney, you have no one negotiating on your behalf, no one reviewing evidence for weaknesses, and no one protecting your rights.

What is at Stake: Evidence can disappear (surveillance footage is often overwritten within 30 days), plea leverage gets established early, and prosecutors form impressions of cases that affect how they negotiate.

What Is a Pretrial Hearing?

A pretrial hearing is the court date scheduled after your arraignment. Under Massachusetts Rules of Criminal Procedure, pretrial conferences and hearings are mandatory in all criminal cases heard in district, municipal, and superior courts. The court schedules both a pretrial conference(a meeting between the prosecutor and defense attorney) and a pretrial hearing(an appearance before the judge) at your arraignment.

A pretrial hearing is not a trial. No verdict happens. But what occurs at this hearing affects everything that comes after -- including whether your case gets resolved, heads to trial, or continues with additional pretrial dates.

What Actually Happens at a Pretrial Hearing

Several important things happen at pretrial hearings in Massachusetts:

Discovery Exchange

Under Massachusetts Rule of Criminal Procedure 14 (recently updated in March 2025), the prosecution must automatically disclose evidence to the defense. This includes police reports, body camera footage, witness statements, photographs, and any evidence favorable to your defense. The prosecution must provide initial discovery at arraignment and complete discovery by the first pretrial conference.

Without a lawyer, you will receive these documents but may not know what to do with them, what is missing, or what the evidence actually means for your defense.

Negotiation Between Your Lawyer and the Prosecutor

The pretrial hearing is often the first real conversation between your defense attorney and the prosecutor about your specific case. Your lawyer learns how the prosecutor views your case -- whether they see it as serious or minor, what kind of plea offer might be possible, and what they would need to resolve the case without going to trial. This is negotiation, not just paperwork.

Filing Motions

Your defense attorney may file motions at the pretrial hearing requesting additional information that is not part of automatic discovery. This could include subpoenas to hospitals for medical records, requests to phone companies, or orders for businesses to preserve surveillance footage. Under Massachusetts rules, discovery motions must generally be filed before the conclusion of the pretrial hearing.

If evidence is not requested early, it may not be available later. Surveillance footage gets overwritten. Witnesses move away or forget details. Cell phone records expire.

Plea Discussions

Most criminal cases in Massachusetts do not go to trial --they are resolved through negotiation. At the pretrial hearing, the defendant may tender a plea to the court with or without the prosecutor agreement. If the court rejects the proposed terms, you can withdraw your plea. This is where having an experienced attorney matters: knowing whether an offer is good or terrible, and knowing when to push for better terms.

What Happens If You Show Up Without a Lawyer

If you appear at your pretrial hearing without an attorney, here is what typically happens:

* The court will likely continue (postpone) the hearing to give you time to find a lawyer

* You lose weeks or months while your case sits

* The prosecutor has no one to negotiate with on your behalf

* Discovery documents sit in a file -- you do not know if itis complete or what is missing

* You have no idea if the prosecution case is strong or weak

* No one is working on your defense while time passes and evidence potentially disappears

Sometimes people are not able to hire a lawyer before their arraignment. In those cases, a public defender may be appointed for that day, and they are given time to hire an attorney before the first pretrial hearing. If you were arraigned and had a public defender appointed just for that day, you can still hire your own attorney for the rest of your case.

Why the Pretrial Hearing Matters More Than You Think

Leverage Gets Established Early

Prosecutors form impressions of cases early in the process. A prepared defense lawyer signals that this will not be an easy conviction. Cases where the defense is actively engaged and asking the right questions tend to get better offers sooner. Cases where the defendant shows up alone, confused, asking for continuances -- those get treated differently.

Negotiation Starts Now

Most criminal cases do not go to trial -- they resolve through negotiation. That negotiation begins at the pretrial hearing. Without a lawyer, you have no one advocating for a better outcome. You will not know if an offer is good or terrible. You will not know what is realistic given the evidence. You are negotiating blind.

Evidence Can Disappear

Surveillance footage from businesses is often overwritten within 30 days. Witnesses forget details, move away, or become harder to locate. Cell phone records may only be kept for limited periods. The sooner your lawyer identifies what evidence exists and requests it, the better chance it still exists when you need it.

What You Should Do Right Now

If your pretrial hearing is coming up and you do not have a lawyer yet, here is what to do:

* Call a criminal defense attorney today -- not the morning of your hearing

* Gather your paperwork from arraignment (it lists documents you are owed by the prosecution)

* Write down everything you remember about what happened while it is still fresh

* Do not discuss your case with anyone except your attorney-- conversations with friends, family, or on social media can become evidence

* Stay off social media regarding anything related to your case -- prosecutors regularly review defendants social media posts

How Long Do Pretrial Hearings Take?

The pretrial hearing itself is usually brief -- maybe 10 to15 minutes of actual court time. Though you may spend significant time waiting for your case to be called. The real work happens before and after: the prosecutor and defense attorney meet beforehand to discuss the case, exchange discovery, and negotiate potential resolutions. The pretrial hearing is for the court to be informed of that progress, scheduling future dates, and resolving any pretrial matters. If your lawyer is prepared and engaged, this is where good things start happening.

Massachusetts courts can be quite busy and a single matter is not the only thing happening in a courtroom, but this is often a shorter time spent in court than trial dates because the court has other pretrial dates to manage as well.

Frequently Asked Questions

Q: Do I really need a lawyer for a pretrial hearing?

A: Yes. The pretrial hearing is where discovery happens, negotiations begin, and critical motions get filed. Without a lawyer, nobody is advocating for you with the prosecutor, reviewing your discovery to identify problems, or filing the motions you need to build your defense. If the court sees you are not represented, they will likely continue the case to give you time to find a lawyer, which delays your case.

Q: Can my case be resolved at the pretrial hearing?

A: Yes, it is possible. If your attorney and the prosecutor reach an agreement, you may be able to tender your plea at a pretrial hearing. It depends on the case, though, and you may need more pretrial dates. If the court rejects the terms, you have the right to withdraw your plea and proceed differently.

Q: What is discovery and why does it matter?

A: Discovery is the evidence the prosecution is required to share with the defense. In Massachusetts, the prosecution must automatically disclose police reports, witness statements, body camera footage, and exculpatory evidence favorable to your defense. Your lawyer needs to review this evidence carefully to identify weaknesses. Without it, you would be going in blind to any court appearance or negotiation.

Q: How many pretrial hearings will I have?

A: It depends on your case. Simple cases may have one or two pretrial hearings. Complex cases may have many more -- for example, cases where the defense is gathering extensive evidence, filing multiple motions, or negotiating with the prosecutor may get you a better sense of timeline once they have reviewed your case.

Q: What happens if I miss my pretrial hearing?

A: Missing a court date in Massachusetts can result in a warrant being issued for your arrest. The court can also increase your bail conditions or revoke bail entirely. If you are going to miss a court date, call your attorney immediately -- they may be able to address it with the court before a warrant is issued.

Contact Ernest Stone Today

If you have been arraigned and have a pretrial hearing coming up, you need experienced legal representation. Do not let confusion about the process or delayed decision-making put your future at risk.

Call (978) 969-2890for a free consultation with an experienced Massachusetts criminal defense attorney who will fight for your rights and protect your future.

H. Ernest Stone, Attorney PC

900 Cummings Center, Suite 321-U

Beverly, MA 01915

Phone: (978) 969-2890

Email: es@herneststone.com

We represent good people who have had a really bad day.

We Will Get You Through the Storm

Criminal charges can feel overwhelming, but you do not have to face them alone. With 30 years of experience defending people throughout Massachusetts, we know how to navigate the system and protect your rights. Every case is different, and we will develop a defense strategy tailored specifically to your situation.

Do not wait. Call(978) 969-2890 today.

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