Massachusetts Criminal Defense Laws

Murder and manslaughter charges may be brought at any time — there is no statute of limitations.

Certain sex offenses involving children under 16 must be prosecuted within 27 years after the victim turns 16 (effectively until age 43).

If a sexual assault case involves DNA evidence that later identifies a suspect, there is no statute of limitations.

Massachusetts allows sealing of criminal records after waiting periods: 3 years for misdemeanors, 7 years for felonies (measured from disposition or release). Sealed records are not visible in standard background checks. Certain offenses (e.g., sex offenses against children) cannot be sealed.

Massachusetts uses an advisory sentencing guideline system. Felonies carry potential state prison time, while misdemeanors are punishable by up to 2.5 years in a house of correction. The state has mandatory minimums for certain drug, firearm, and sex offenses.

The 2018 Criminal Justice Reform Act overhauled bail practices. Judges must consider ability to pay when setting bail. Cash bail cannot be set solely because a defendant cannot afford it. Pretrial detention (dangerousness hearing) requires proof of danger to community.

Possession of 1 oz or less of marijuana is a civil infraction ($100 fine, no criminal record). Recreational marijuana is legal for adults 21+ under Chapter 94G. Prior marijuana convictions may be eligible for expungement.