Massachusetts General Laws ch. 211D sec. 2B – Appointment of counsel for criminal defendant charged with misdemeanor or municipal ordinance or bylaw violation
Section 2B. A person charged with a misdemeanor or a violation of a municipal ordinance or bylaw, on motion of the commonwealth, the person or on the court’s own motion, shall not be appointed counsel if the judge, at arraignment, informs such person on the record that, if the person is convicted of such offense, the person’s sentence shall not include any period of incarceration. For good cause, that judge or another judge of the same court may later revoke such determination on the record and appoint counsel, and on the request such counsel shall be entitled to a continuance to conduct any necessary discovery and to prepare adequately for trial. Any such determination or revocation by a judge shall be endorsed upon the docket of the case.
Terms Used In Massachusetts General Laws ch. 211D sec. 2B
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Continuance: Putting off of a hearing ot trial until a later time.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Docket: A log containing brief entries of court proceedings.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.