How Long Does a Massachusetts Criminal Case Take? A Clear Guide for Defendants and Families
One of the first questions clients ask—sometimes before they even sit down—is simple: “How long is this going to take?”
The uncertainty weighs on people. They worry about their jobs, their children, their reputation, their finances, and the strain that even a single court date can impose. In Massachusetts, criminal cases move through a series of predictable stages, but the timeline varies depending on the court, the charge, and the complexity of the evidence.
This guide explains, in straightforward terms, how long criminal cases typically take in Massachusetts, what affects the timeline, and what you should expect at each stage. It is meant to provide clarity during an anxious, confusing period and to help you understand how a skilled defense attorney can influence timing in important ways.
1. The Two Systems: District Court vs. Superior Court
The first factor in determining how long a case will take is where it is being prosecuted.
District Court (Misdemeanors + Some Felonies)
District Court handles:
Misdemeanors
Felonies that do not require state-prison sentences
Early stages of felonies that may later go to Superior Court
Typical timeline:
3 months to 1 year, depending on:
The seriousness of the charge
Discovery volume
Motion practice
Court backlog
In District Court, most cases resolve before they reach trial.
Superior Court (Major Felonies)
Superior Court handles:
Gun charges with mandatory minimums
Violent felonies
Drug-trafficking cases
Sex crimes
Homicides
Any felony where the Commonwealth seeks state prison
Typical timeline:
1 to 2 years, sometimes longer for homicides or cases involving complex forensics.
Why so long?
Superior Court cases involve:
Larger volumes of discovery
More witnesses
Extensive motion practice
Greater constitutional issues
Forensic testing delays
Scheduling constraints among lawyers, experts, and the court
The timeline is not a sign of guilt or weakness. It is the nature of high-stakes litigation in a system with limited resources.
2. Stage by Stage: What Each Step Adds to the Timeline
Regardless of court level, Massachusetts criminal cases follow a similar structure. Each stage adds time for legitimate reasons.
Arraignment (Day 1)
This is the formal start of the case. It does not affect the timeline except by setting the first pretrial date.
Pretrial Conference (Typically 4–8 Weeks After Arraignment)
At this early hearing:
The Commonwealth provides initial discovery
The defense requests additional material
The parties discuss possible resolutions
Scheduling is set for future dates
The time between arraignment and the pretrial conference allows the prosecutor to gather evidence and the defense to review the initial materials.
Compliance & Election (1–3 Months After Arraignment)
In District Court, this is the date when:
The prosecutor certifies discovery compliance
The defense states intentions (motions, trial, or plea negotiations)
In Superior Court, similar deadlines are set, but on far longer schedules.
Motions to Suppress or Dismiss (3–8 Months After Arraignment)
Motion practice is one of the biggest drivers of the timeline.
Why motions add time:
The defense must investigate independently
The Commonwealth must respond in writing
The court must schedule an evidentiary hearing
Officers and witnesses must appear
Judges take time to issue rulings
A strong motion to suppress can reshape the case completely. The time spent is often well worth it.
Probable Cause Hearing (District Court Felonies Only)
If the case involves felony charges that might go to Superior Court, District Court holds a probable cause hearing.
Timeline impact:
These hearings are often scheduled 2–4 months after arraignment but can be continued if:
Discovery is incomplete
Witnesses are unavailable
The defense needs more time
Many cases resolve before this hearing. Others result in the case being bound over to the grand jury.
Grand Jury/Indictment (Felonies Only)
If the Commonwealth intends to prosecute in Superior Court, the case must go through a grand jury.
Timeline impact:
The grand jury process usually takes several months, depending on:
Witness availability
Lab results
Police investigation status
Once indicted, the case formally enters Superior Court and the timeline extends significantly.
Pretrial Hearings in Superior Court (6–18 Months After Arraignment)
Superior Court cases involve:
Multiple pretrial conferences
Motions to compel discovery
Expert-witness issues
Daubert/Lanigan hearings
Constitutional motions
Litigation over forensic testing delays
These steps take time because the stakes are higher and the issues more complex.
Trial (District Court: 3–12 Months; Superior Court: 1–2 Years+)
Trial dates depend heavily on:
Judge availability
Attorney schedules
Length of the trial
Number of witnesses
Forensic evidence
Homicide trials, for example, can take years to reach.
3. What Makes a Case Move Faster or Slower?
The timeline is not random. Several factors can dramatically accelerate—or slow down—a criminal case.
A. The Nature of the Charge
Cases involving:
Forensics
Cell-phone data
GPS analysis
Ballistics
Digital extractions
…move slower because the evidence takes months to process.
Misdemeanors with a few witnesses move quickly.
B. The Volume of Discovery
A car stop with a single officer is straightforward.
A gang shooting involving:
Multiple detectives
Surveillance
Cellebrite data
Ballistics
Civilian witnesses
Jail calls
…can involve thousands of pages.
C. Whether the Defense Files Motions
Strong defense attorneys do not rush cases to conclusion.
They:
Investigate
Interview witnesses
Pursue suppression issues
Challenge constitutional violations
Develop expert testimony
Each of these steps adds time but improves the client’s position.
D. Court Congestion
Some courts—especially Brockton, Fall River, Boston, Lawrence, and Springfield—have heavy caseloads. Continuances occur often.
E. Cooperation or Non-Cooperation from the Prosecution
Cases slow down when:
The Commonwealth delays producing discovery
Lab results are pending
Witnesses are hard to locate
Officers are unavailable
Defense lawyers often need to file motions to compel or request sanctions.
4. When a Case Should Not Be Rushed
People understandably want their cases over quickly.
But a fast result is not always a good one.
The goal is the right outcome, not the speediest one.
Taking time can allow:
Surveillance to be preserved
Witness credibility issues to emerge
Ballistic and DNA inconsistencies to surface
The defense to develop a full mitigation picture
Negotiations to mature with the prosecution
Some of the best outcomes happen because the defense refused to let a case move on the Commonwealth’s preferred schedule.
5. How a Skilled Massachusetts Criminal Defense Attorney Manages the Timeline
An experienced lawyer protects you not just in court, but in time management.
A good defense attorney will:
Push for early discovery
Challenge improper delays
File motions when the Commonwealth fails to comply
Track deadlines
Keep you informed
Seek continuances strategically
Avoid surprise trial dates
Preserve constitutional arguments
The attorney’s role is not to end the case quickly; it is to end it correctly.
Q&A: Common Questions About Case Timelines
Q: Can I get my case dismissed because it’s taking too long?
Sometimes. Delays caused by the Commonwealth can lead to a motion to dismiss under Rule 36 or constitutional grounds.
Q: Is it bad that my case is taking months?
No. It is often a sign that your lawyer is doing the work necessary to protect you.
Q: Can I speed up the process?
You can insist on a faster schedule, but doing so may limit your defense options. Discuss this openly with your lawyer.
Q: How long do lab results take?
Often several months. Some labs have severe backlogs.
Q: Will I have to go to every court date?
In District Court, usually yes. In Superior Court, your attorney can sometimes waive your appearance.