What to Expect at Your First Court Appearance.
If you have been charged with a felony in Massachusetts, your first court appearance is a critical step in the legal process. This guide walks you through what to expect — checking in with probation, the arraignment, assignment of an attorney, and the setting of bail.
We also explain the difference between a bail hearing and a dangerousness hearing.
Checking in at Probation.
Upon arriving at the courthouse, your first stop will be the Probation Department. Every individual facing a criminal charge must check in with probation before their arraignment. Probation's role is not to determine guilt or innocence, but rather to gather information for the court.
After checking in with probation, you will wait for your case to be called for arraignment.
Screening and Risk Assessment
Probation officers will ask about your address, employment status, and any prior criminal history.
Financial Affidavit
You will be asked to complete a financial affidavit to determine whether you qualify for a court-appointed attorney (if you have not already retained private counsel).
Criminal Record Check
Probation will run a Criminal Offender Record Information (CORI) check to review any prior arrests or convictions.
The Arraignment Process.
The arraignment is the formal start of the court proceedings. It is brief, but several important things happen.
After the arraignment, the judge may issue bail conditions or schedule further proceedings, such as a pre-trial conference or probable cause hearing if required for felony charges.
The Charges Will Be Read
The judge will inform you of the charges against you.
You Will Enter a Plea
In most felony cases, a "Not Guilty" plea is entered on your behalf at this stage.
Bail Discussion
The prosecutor may ask the judge to set bail or request that you be held pending a dangerousness hearing.
Attorney Assignment
If you qualify for a public defender, the judge will appoint an attorney from the Committee for Public Counsel Services (CPCS). If you have hired a private attorney, they will appear on your behalf.
Bail vs. Dangerousness Hearings.
Bail Hearings
If the prosecutor requests bail, the judge will determine whether you can be released from custody before trial and, if so, under what conditions.
Factors the Judge Considers
- The severity of the charges
- Your criminal record
- Ties to the community (family, employment, residence stability)
- Risk of flight
- Any history of failing to appear in court
If bail is set, you must pay the required amount to be released. If you cannot afford it, you will remain in custody unless you can request a bail review at the Superior Court.
Dangerousness Hearings
G.L. c. 276, § 58A
In some felony cases, the prosecutor may request a dangerousness hearing — which differs from a bail hearing. If granted:
- 1
The judge can hold you without bail for up to 120 days if they find clear and convincing evidence that your release would pose a danger to the community.
- 2
The prosecution must prove that no conditions of release (such as a GPS monitor or house arrest) could reasonably ensure public safety.
- 3
Unlike a bail hearing, where flight risk is the main concern, a dangerousness hearing focuses on whether you pose a risk to others.
If a dangerousness hearing is scheduled, you will remain in custody until the hearing takes place — typically within three to seven days of your arraignment.
After Arraignment: Next Steps.
Once your arraignment is complete, the next steps in your case will depend on the circumstances. Possible proceedings include:
Pre-Trial Conference
A hearing where both sides discuss evidence, plea negotiations, and trial preparation.
Probable Cause Hearing
In felony cases, the prosecution must present enough evidence to justify moving forward with charges in Superior Court.
Motions and Discovery
Your attorney may file motions to suppress evidence or dismiss charges if there are legal grounds.
It is crucial to stay in contact with your attorney, comply with bail conditions, and appear at all scheduled court dates to avoid additional legal consequences.
Final Thoughts
Having an experienced attorney by your side is essential to protecting your rights and preparing for the next steps.
Real attorneys.
One call away.
When the call comes in, you speak with a partner not a screener. Every consultation is confidential, and we respond to every inquiry, typically within hours.
Brockton, MA 02301
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