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CRIMINAL DEFENSEIn Massachusetts, you may be charged with crimes that require you to defend yourself in either the District or the Superior Courts. As a general proposition, and by statute, misdemeanors are tried in the District Court and felonies are tried in the Superior Court. However, there are a great number of felonies over which the District Court has jurisdiction. Both Courts have jury sessions that allow a defendant's case to be heard by either a 6-person jury in the District Court or a 12-person jury in the Superior Court. The jury decision must be unanimous. The defendant may decide to have his case heard by a Judge and not a jury. This is referred to as a bench trial. The same burden of proof and elements of the crime apply whether the decision is made by a Judge or a jury. A restraining order under General Laws Chapter 209A, the so-called abuse prevention order, is a civil matter and is determined by a Judge. However, the violation of a 209A order is a criminal offense. Attorney Pitnof practiced criminal defense law exclusively for the first 10 years of his career, and since then has continued to represent defendants charged with crimes in all counties in Massachusetts. He has appeared and argued appeals cases in front of the Appeals Court of the Commonwealth and the Supreme Judicial Court. |
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