Can Criminal Charges Be Dismissed Before Trial in Massachusetts?

Being charged with a crime does not automatically mean your case will go to trial—or that you will be convicted.

Between an arraignment and a trial, several important stages of a Massachusetts criminal case can affect how the case proceeds. Evidence is exchanged, the prosecution's case can be examined, legal issues may be raised through pretrial motions, and the parties may discuss whether the case can be resolved without a trial.

In some circumstances, criminal charges may even be dismissed before a trial takes place.



Whether dismissal is possible depends on the facts, evidence, charges, and legal issues involved. Understanding how the pretrial process works can help you understand where potential challenges to the case may arise.

Does Every Criminal Charge in Massachusetts Go to Trial?

No.

A criminal charge can have several possible outcomes without a trial.

Depending on the circumstances, a case may be resolved through a dismissal, a decision by the prosecution not to continue pursuing a charge, a negotiated disposition, or another pretrial resolution.

Massachusetts criminal procedure specifically requires the prosecution and defense to discuss during the pretrial conference whether a case can be disposed of without a trial.

However, the fact that pretrial resolutions are possible does not mean dismissal is automatic or available in every case.

A defense attorney must evaluate the specific evidence and circumstances to determine what options may exist.

What Happens After You Are Charged?

One of the first major court proceedings is the arraignment.

At arraignment, the charges are formally addressed, a plea is entered, and the court determines conditions of release when applicable.

In most District and Superior Court cases, the court also schedules future pretrial proceedings.

The case then moves into a period when the prosecution and defense can exchange and review evidence, discuss potential resolutions, and identify legal issues that may need to be decided before trial.

These stages can be extremely important to the defense.

What Is the Pretrial Conference?

A Massachusetts criminal case generally includes a pretrial conference.

During this stage, the prosecution and defense address issues such as:

• Discovery
• Evidence
• Pretrial motions
• Potential agreements
• Whether the case can be resolved without trial
• Issues that may need to be litigated
• Trial scheduling if the case continues

The defense can use this period to examine the government's case rather than simply waiting for trial.

Depending on what that review reveals, there may be grounds to challenge a charge, challenge particular evidence, negotiate a resolution, or prepare the case for trial.

What Is a Motion to Dismiss?

A motion to dismiss asks the court to terminate a criminal charge based on an appropriate legal ground before the case reaches trial.

Massachusetts Rule of Criminal Procedure 13 governs pretrial motions, including motions to dismiss.

A motion to dismiss generally must identify the particular legal grounds supporting the request. It is not enough for a defendant to simply say that the accusation is unfair or that they did not commit the offense.

The court must have a legally sufficient basis for granting the motion.

Can Charges Be Dismissed Because There Wasn't Enough Evidence?

In some circumstances, a defendant may challenge whether there was sufficient evidence to support the issuance of a criminal complaint.

Massachusetts courts recognize a motion to dismiss as the appropriate method for challenging whether there was sufficient evidence before the clerk-magistrate to establish probable cause for a complaint.

Probable cause is not the same standard as proof beyond a reasonable doubt at trial.

A pretrial challenge therefore involves a specific legal analysis of whether the prosecution was properly initiated—not simply an argument that the government will have difficulty proving the case later.

What Is Probable Cause?

Probable cause is a legal standard used at several stages of criminal proceedings.

In the context of issuing a criminal complaint, there must be sufficient information supporting the accusation.

A defense attorney may examine:

• Police reports
• Witness statements
• Physical evidence
• Video or photographic evidence
• The allegations supporting the complaint
• The elements of the charged offense

If the required showing was not made, there may be grounds to challenge the complaint.

The specific analysis depends on how the criminal proceeding began and the court in which the case is pending.

What If the Criminal Complaint Is Legally Defective?

Pretrial motions may also address certain defects in the prosecution, complaint, or indictment.

For example, a defense may raise a legal issue concerning whether the charging document actually alleges an offense recognized by law or whether the court has jurisdiction.

Other procedural defects may also need to be raised before trial.

Timing matters because Massachusetts criminal procedure requires many defenses and objections that can be determined before trial to be raised through a pretrial motion.

Failing to raise certain issues at the proper time can result in waiver.

Can Illegally Obtained Evidence Lead to Dismissal?

Potentially—but there is an important distinction.

A motion to suppress is different from a motion to dismiss.

A motion to suppress generally asks the court to prevent particular evidence from being used because it was obtained in violation of the defendant's rights or applicable law.

Depending on the case, suppression issues may involve:

• An unlawful traffic stop
• An unlawful search
• An improper seizure
• A search warrant
• Statements made during police questioning
• Miranda issues
• Identification procedures
• Other constitutional concerns

If a court suppresses important evidence, the prosecution's case may become significantly weaker.

In some cases, losing critical evidence may affect whether prosecutors can continue pursuing the charge.

But suppression of evidence does not automatically dismiss a case.

The prosecution may still have other admissible evidence capable of supporting the charge.

What Is a Motion to Suppress?

A motion to suppress asks a judge to exclude specific evidence from use in the criminal case.

For example, suppose police obtain incriminating evidence during a search and the defense contends that the search violated constitutional protections.

The defense may file a motion asking the court to suppress that evidence.

The court can hold a hearing where evidence and legal arguments concerning the search are presented.

If the motion is allowed, the challenged evidence may not be available to the prosecution in the same way going forward.

How significant that result is depends on the role the evidence plays in the government's case.

Can Statements to Police Be Challenged?

Yes, depending on the circumstances.

Statements made to law enforcement can become important evidence in a criminal prosecution.

A defense attorney may examine:

• Whether the person was in custody
• Whether interrogation occurred
• Whether Miranda warnings were required
• Whether warnings were properly provided
• Whether the person invoked the right to remain silent
• Whether the person requested an attorney
• Whether the statement was voluntary
• The circumstances surrounding the questioning

If a statement was obtained in violation of applicable constitutional protections, the defense may seek to prevent it from being used.

Again, whether suppression ultimately affects the entire case depends on what other evidence exists.

What If Police Conducted an Illegal Search?

The Fourth Amendment protects against unreasonable searches and seizures, and Massachusetts law provides additional protections in criminal proceedings.

When police obtain evidence through a search, the defense may examine questions such as:

• Did officers have a warrant?
• If not, did an exception to the warrant requirement apply?
• Was there legal justification for the initial stop?
• Did officers exceed the permitted scope of the search?
• Was the warrant legally sufficient?
• Did officers search areas not authorized by the warrant?
• Was consent actually and voluntarily given?

An unlawful search can lead to a motion to suppress evidence.

Because physical evidence may be central to cases involving drugs, weapons, theft, and other offenses, suppression issues can sometimes have a major impact on the prosecution's ability to proceed.

Can a Bad Traffic Stop Affect a Criminal Case?

Yes.

Some criminal cases begin with a traffic stop.

This is especially common in cases involving:

• OUI
• Drug possession
• Weapons
• Outstanding warrants
• Evidence discovered inside a vehicle

Police generally need an appropriate legal basis for stopping a vehicle.

If the defense successfully challenges the legality of the stop, evidence obtained as a result may potentially become subject to suppression.

The consequences depend on the facts and the relationship between the challenged police conduct and the evidence used by prosecutors.

Can Witness Problems Cause Charges to Be Dismissed?

Witness issues can affect a criminal case, but the answer is not as simple as whether a witness wants to “drop the charges.”

Criminal charges are prosecuted by the Commonwealth of Massachusetts.

Once a criminal case is underway, an alleged victim or witness generally does not personally control whether the prosecution continues.

Prosecutors may consider issues involving:

• Witness availability
• Witness credibility
• Conflicting accounts
• Prior inconsistent statements
• Corroborating evidence
• Physical evidence
• Video or audio recordings
• Other admissible evidence

A reluctant or unavailable witness can create evidentiary problems, but it does not automatically require dismissal.

Prosecutors may believe they can proceed using other admissible evidence.

Can an Alleged Victim Drop the Charges?

Generally, an alleged victim does not have unilateral authority to dismiss a criminal prosecution.

The government brings the criminal case.

This distinction is particularly important in domestic violence cases, where someone may later tell prosecutors that they no longer want the case to continue.

The prosecution may still evaluate whether it has sufficient admissible evidence to proceed.

A defendant should also be extremely careful about contacting an alleged victim when a no-contact order or other release condition is in place.

Trying to convince someone to withdraw an accusation can create additional legal problems.

Can the Prosecutor Drop the Charges?

Yes.

Under Massachusetts criminal procedure, a prosecutor can enter what is known as a nolle prosequi for pending criminal charges.

A nolle prosequi formally indicates that the prosecution will not continue pursuing the specified charge.

Massachusetts Rule of Criminal Procedure 16 requires the prosecutor to provide a written statement explaining the reasons for that disposition.

This is different from a judge granting a defendant's motion to dismiss.

The distinction matters because charges can end before trial through different legal mechanisms.

Why Would a Prosecutor Decide Not to Continue a Case?

Every case is different, but issues that can affect a prosecution may include:

• Problems with available evidence
• Witness issues
• New information
• Evidentiary rulings
• Legal problems with the case
• Inability to prove a necessary element
• Other circumstances affecting prosecution

Defense counsel may identify weaknesses and bring them to the prosecutor's attention during the pretrial process.

However, no attorney can guarantee that prosecutors will agree to dismiss a charge.

Can Charges Be Reduced Instead of Dismissed?

Sometimes a criminal case may be resolved through a negotiated disposition rather than complete dismissal.

Depending on the charges and circumstances, discussions between the prosecution and defense may concern:

• Reduction of charges
• Dismissal of some counts
• Plea agreements
• Other available dispositions

Whether accepting a negotiated resolution makes sense depends on the strength of the evidence, potential penalties, available defenses, collateral consequences, and the client's goals.

A defendant should understand both the immediate and long-term consequences before agreeing to resolve a case.

What Evidence Does a Defense Attorney Review Before Trial?

A careful review of the government's evidence can reveal weaknesses or legal issues that were not obvious at the time of arrest.

Depending on the case, evidence may include:

• Police reports
• Body camera footage
• Surveillance video
• Photographs
• Witness statements
• 911 calls
• Text messages
• Social media content
• Cell phone records
• Search warrants
• Laboratory reports
• Medical records
• Physical evidence
• Recorded interviews

The type of evidence varies significantly depending on whether the allegations involve assault, theft, drugs, weapons, domestic violence, white collar crimes, or another offense.

What Is Discovery?

Discovery is the process through which the parties obtain and exchange information relevant to the criminal case.

Massachusetts criminal procedure establishes discovery obligations and procedures for requesting additional relevant information.

Reviewing discovery gives the defense an opportunity to compare what witnesses allegedly said, examine police conduct, identify missing information, and determine whether further investigation is necessary.

Discovery may also reveal grounds for pretrial motions.

Why Does Early Investigation Matter?

Evidence can change or disappear over time.

Surveillance footage may be overwritten. Witnesses may become harder to locate. Memories can fade. Digital evidence can be deleted.

Early defense preparation may involve:

• Identifying witnesses
• Preserving video
• Obtaining photographs
• Reviewing communications
• Examining the location where an incident occurred
• Creating a timeline
• Comparing witness accounts
• Identifying inconsistencies
• Reviewing police conduct

Waiting until shortly before trial can make some of this information more difficult to obtain.

What Happens at a Pretrial Motion Hearing?

When an important legal issue is raised through a pretrial motion, the court may hold a hearing.

Depending on the type of motion, attorneys may:

• Present evidence
• Call witnesses
• Question police officers
• Submit affidavits
• Present legal arguments
• Cite statutes and prior court decisions

The judge then decides the legal issue presented.

A favorable ruling can sometimes significantly change the direction of a case.

What Happens If a Motion to Dismiss Is Granted?

If the court grants a motion to dismiss, the affected complaint, indictment, or charge is dismissed.

However, that does not necessarily mean every legal issue is immediately over.

Massachusetts criminal procedure gives the Commonwealth a right to appeal certain pretrial decisions granting a defense motion to dismiss.

The consequences of a dismissal therefore depend on the type of ruling, the grounds for dismissal, and what happens afterward.

What Happens If a Motion to Dismiss Is Denied?

A denied motion does not necessarily mean the defendant has lost the case.

The criminal proceeding may continue through additional pretrial stages and potentially to trial.

Other defenses may still be available.

Depending on the case, the defense may continue to:

• Challenge evidence
• Investigate witnesses
• Negotiate with prosecutors
• Prepare cross-examination
• Present affirmative evidence
• Challenge whether the Commonwealth can prove every element beyond a reasonable doubt at trial

A motion to dismiss is only one potential component of a defense strategy.

Is Dismissal the Same as Being Found Not Guilty?

No.

A dismissal ends a charge through a pretrial or other procedural mechanism.

An acquittal generally occurs when a judge or jury determines after trial that the prosecution has not proven guilt beyond a reasonable doubt.

Although both can result in a defendant avoiding a conviction on the charge, they occur through different processes and can have different legal implications.

Can Felony Charges Be Dismissed Before Trial?

Potentially.

The seriousness of a charge does not eliminate pretrial legal challenges.

Felony cases can involve disputes concerning:

• Probable cause
• Search and seizure
• Statements to police
• Identification evidence
• Witness credibility
• Physical or forensic evidence
• Defects in the prosecution
• Whether the available evidence supports the charged offense

Serious criminal allegations also carry potentially serious consequences, making careful preparation particularly important.

Can Misdemeanor Charges Be Dismissed?

Misdemeanor charges may also be resolved before trial when appropriate.

A person should not assume that a misdemeanor does not matter simply because it carries less severe potential punishment than a felony.

Depending on the offense and the person's circumstances, a conviction may affect employment, professional opportunities, immigration matters, firearm rights, driving privileges, or other areas of life.

The defense should therefore evaluate misdemeanor charges just as carefully.

Should You Try to Explain the Situation to Police or Prosecutors Yourself?

Be cautious.

Someone who believes the accusation is a misunderstanding may naturally want to explain what happened.

But statements intended to help can sometimes create new evidence for the prosecution.

You may not know:

• What witnesses have already said
• What evidence police possess
• Whether you are considered a suspect
• Whether investigators believe your account
• How a statement could be interpreted later

Before making substantive statements about an active criminal investigation or charge, consider obtaining legal advice.

What Should You Do If You Believe the Charges Are False?

Start by preserving information that may support your account.

Depending on the allegations, that could include:

• Text messages
• Emails
• Photographs
• Videos
• Receipts
• Location records
• Witness information
• Work records
• Social media messages
• Other relevant documents

Do not alter or delete information, and avoid publicly arguing about the allegations online.

A defense attorney can evaluate how potentially helpful evidence should be preserved and used.

How Long Does It Take to Get Criminal Charges Dismissed?

There is no universal timeline.

Some legal issues can be identified relatively early. Others require discovery, investigation, motion practice, hearings, or additional court dates.

The length of a case can depend on:

• The seriousness of the charges
• The amount of evidence
• Discovery issues
• Court scheduling
• Pretrial motions
• Witness availability
• Whether negotiations occur
• Whether the case ultimately proceeds to trial

A quick dismissal should never be promised simply because someone believes the government's case is weak.

What Can You Do to Help Your Defense Before Trial?

While your case is pending:

1. Follow all court orders and release conditions.
2. Attend every required court appearance.
3. Do not contact prohibited individuals.
4. Preserve potentially relevant evidence.
5. Avoid discussing the case on social media.
6. Do not delete messages or other information.
7. Keep your attorney informed about new developments.
8. Avoid new criminal allegations.
9. Provide requested information to your defense attorney.
10. Ask questions when you do not understand what is happening.

How you handle the period before trial can matter.

When Should You Contact a Criminal Defense Attorney?

You do not have to wait until a trial date has been scheduled.

Consider seeking legal representation as soon as you learn that:

• Police are investigating you
• You have been arrested
• You received a summons or criminal complaint
• You have been arraigned
• Police want to question you
• A search warrant was executed
• You believe evidence was obtained unlawfully
• You have upcoming pretrial proceedings

Early involvement gives defense counsel more time to investigate the allegations, preserve evidence, review discovery, and identify potential legal challenges.

Facing Criminal Charges in Massachusetts?

Being accused of a crime can be intimidating, but an accusation is not a conviction.

Massachusetts criminal cases include important pretrial stages during which the evidence can be examined, legal issues can be challenged, and potential resolutions can be explored.

Depending on the circumstances, a defense may involve a motion to dismiss, a motion to suppress evidence, negotiations with prosecutors, preparation for trial, or a combination of strategies.

William J. O'Neil has practiced law in the greater Springfield area for more than 37 years and represents clients facing felony and misdemeanor charges in Massachusetts state and federal courts.

If you are facing criminal allegations in East Longmeadow, Springfield, or the surrounding Massachusetts communities, contact The Law Office of William J. O'Neil to discuss the charges, the evidence, and the options available in your case.