Court

MTW is a job-training program; we specialize in helping you with the goals that will help you get a job and life path that are exciting to you. Court can sometimes get in the way of setting these goals. While we don't have all the answers, what we can do is give you some information and starting points to make sure that if you do get involved in the juvenile or criminal justice system, you know your first step.

STEP #1: know the system

In Massachusetts, there are two main court systems: the Juvenile Court System and the District Court System.

The Juvenile Court System prosecutes people who are under the age of 18 in criminal cases. If become involved in the Juvenile Court system, you will enter the Department of Youth Services, or DYS, the state department that oversees your case before trial and, if you are sentenced, throughout your sentence. In the Juvenile Court System, if you are between 14 and 17 and are accused of select offenses, like sexual assault, an armed robbery, or an assault and battery with a dangerous weapon, you may be tried as an adult. This is called a Youthful Offender indictment, and can result in a sentence in adult prison.

The Criminal Court system prosecutes people who are 18 and over in criminal cases. If you become involved in this system, you will be tried as an adult in criminal court, and, if you're sentenced, you will be committed to an adult prison.

There are major differences in the way these two systems work. In the Juvenile Court System, there are more opportunities for diversion, a process that gets you out of the court system and into other programs, like job training programs or treatment settings. DYS is also designed for young people; they have programs designed to help you meet education goals while you are committed and placements that keep you around people your age. Once you turn 18, if you have gotten any charges through DYS, they will usually be expunged, or wiped clean, from your record.

In the Criminal Court System, there are fewer opportunities for diversion, and adult prisons are not mandated to help you meet your goals in the same way as DYS is. Unlike Juvenile Court, charges and sentences you receive in the Criminal Court System will stay on your record, and will affect the kinds of jobs you can apply for in the future.

Juvenile court + DYS

- Prosecutes people under 18

- More diversion programs

- If sentenced, committed to DYS

- Can be tried as a Youthful Offender

- Record is cleared when you turn 18

criminal court

- Prosecutes people 18 and over

- Fewer diversion programs

- If sentenced, committed to adult prison

- Arrests and charges stay on record

We're not here to pretend that any of these justice systems are here to help you. Massachusetts's Juvenile Court and District Court systems are designed to discriminate and oppress low-income people, Black people, people of color, people with mental health diagnoses, as well as many other groups.

The better you know the system, though, the better you can protect yourself as you navigate it.

STEP #2: reduce contact with police

Having an interaction with police officers is a key way people get involved with the Juvenile and Criminal Court systems. There are two main rights that are supposed to protect you from police encounters escalating:

The right to say no when a police officer ask you to consent to search you or your belongings.

  • This means you can try to leave the situation.

  • Ex: "Officer, am I free to leave?"

The right to remain silent until your speak with your lawyer or your parent/guardian.

  • This means you don't have to answer any questions until your lawyer, and if you're under 18, your parent or guardian, gets there.

  • Ex: "Officer, I will not respond to any questioning until my lawyer gets here."

The following situations show ways to use these rights to navigate a few different situations you may have with cops:

If a police officer approaches you outside...

You have the right to say no when a police officer asks you to consent to search you or your belongings.

If there is not reasonable suspicion to conduct a stop and frisk, you do not have to agree to a search by a police officer. Knowing how to act on this right can be difficult. The best approach is to ask them if you can leave and that you do not agree to any searches.

"Officer, am I free to leave?"

"Officer, I do not consent to any searches."

If a police officer stops you in your car...

You have the constitutional right to privacy.

When you are stopped in your car, you must show your driver's license, registration, and insurance. It's especially important that you keep your hands visible at all times, and notify the officer when you are reaching for each document. If the police officer asks to search your car or bags, you can say that you don't agree to be searched. If they ask if you if you are hiding something, you can claim your constitutional right to privacy.

"Officer, I'm going to reach for the registration in the glove compartment to my right."

"I believe in my Constitutional right to privacy, and I do not consent to any search."

If a police officer comes to your home...

You have the right to say no when a police officer asks you to consent to search your home.

If the police come to your home, you do not have to speak with them. You don't have to let them in unless they have a search warrant. If they have a search warrant, check the address, date, and judge's signature. If the police enter your home say, you can still tell them that you don't consent to a search.

If there is no warrant, and you decide to speak to the police, go outside and close the door behind you.

"Officer, I don't consent to a search."

If a police officer detains you...

You have the right to remain silent until your speak with your lawyer or your parent/guardian.

You have the right to an interpreter.

If you are under 18, you have the right to consult with your interested adult.

You should not answer any questions of the police without your lawyer present. If you are under 18, you cannot be questioned if you are detained without the presence of an "interested adult" which includes your parent or guardian. If you or your interested adult need and interpreter or experience any learning or cognitive disabilities, tell the officer immediately.

"Officer, I am remaining silent until I speak with a lawyer or an interested adult."

"Officer, I request the presence of an interested adult."

"Officer, I request the support of an interpreter."

If you are arrested...

You have the right to a bail commissioner and to a lawyer.

The first thing you want to know once you've been arrested is whether or not you'll be eligible for bail. You should request access to a bail commissioner; they are the person at the police station who is able to decide whether or not you'll receive bail and if you do, how much it will be.

Your next step is just important; contact MTW to help you get in touch with your legal advocate. They will help you navigate the process of getting in contact with legal representation. Lawyers may not always make the best choice for you, and you'll want a second support from your YDM if that's the case.

While in jail, the only person you should speak to about your case is your legal advocate. You must be brought to court within 24 hours of being arrested, a process your legal advocate should help you navigate.

"Officer, I would like to have a bail commissioner called."

STEP #3: know the court process

Diversion

There are many diversion programs in Middlesex and Suffolk. Before you even get to court, be sure ask your lawyer whether or not you will be eligible for one.

As part of diversion, you can expect to:

  • Stay enrolled in school, a job-training program, or receive mental health treatment

  • Have your charges dropped

Bottom Line: It's in your best interest to be diverted from the court system entirely. Ask your lawyer as soon as you can about your options.

Arraignment

If you are charged with a crime, you'll be scheduled for an arraignment. An arraignment is when you show up in court to hear the charges against you.

At an arraignment you can expect to:

  • Plead either not delinquent (in Juvenile Court) or not guilty (in Criminal Court)

  • Get a lawyer assigned to your case

Bottom line: If you can't be diverted, you should plead not guilty or not delinquent.

Pre-Trial Detention OR Bail + Pre-Trial Probation

Based on the decision made at your arraignment, the judge will either order you to be detained, committed to DYS in the Juvenile Court System or in adult jail in the Criminal Court System, or will set bail and create some conditions of your pre-trial probation.

If you receive bail and pre-trial probation, you can expect to:

  • Agree to conditions of probation

  • Get a probation officer assigned to your case

Bottom Line: Pay careful attention to what you're agreeing to as part of your probation--violating it could result in a more severe sentence. Ask your lawyer to help you make sure you're not agreeing to something you can't hold up.

Trial

You will be expected to attend your trial, and any pre- or post-trial hearings. Your lawyer will help you navigate this process.

At trial, you can expect to:

  • Hear the case being brought against you and any pieces of evidence involved

  • Have who shows up for you (family, friends, and MTW) count

Bottom line: Show up to your court date, and let your people know when it is. People showing up for in court you can often have a big impact on your case.

Sentencing

After your trial, the judge or jury will reconvene to state the verdict of your charges and any sentence you will have to complete as a result of a guilty or delinquent verdict.

At the sentencing, you can expect to

  • Hear what's ahead of you: no sentence, probation, commitment to DYS, or a term in adult prison

  • Hear from your lawyer on how you can appeal the outcome

Bottom line: Show up to your sentencing, and make a point to ask your lawyer about potential appeals beforehand.

Confused? There's a lot to understand, and it's designed to be very complicated. Here's a resource that will give you another way to visualize the Juvenile Court system, from Arrest to Sentencing.

STEP #4: get people in your corner

At different stages of a criminal proceeding, different people become key parts of your case. This is a list of people who might be able to help you as you navigate:

Your Lawyer

The free attorney you are assigned in your case. You should meet regularly with them about the details of your case.

Your Parent/Guardian

If you are under 18, your parent or guardian can be present when you are detained and look out for your interests in the Juvenile Court system.

Your Probation Officer

The person charged with seeing that you aren't in violation of your probation requirements. You will often have to call and meet with them as a part of your probation.

Your YDM

Someone who knows you, your progress towards your personal and professional goals, and can help you meet with your lawyer and advocate for your needs if your lawyer isn't doing their job.

STEP #5: meet with your lawyer

While every case is different, there are some best practices to turn to when you are involved with any kind of Juvenile Court or Criminal Court charges:

1. Get in touch with your lawyer - Lean on your YDM to help you access your lawyer's contact information.

2. Save their info and send it to your YDM - Once you have it on hand, make sure you give it to your YDM so they can be in contact as well.

3. Set up a meeting with your lawyer and MTW - Once you get in touch with your lawyer, set up a meeting with them and your YDM at MTW. At this meeting, come prepared with some questions about your case and a sense of the goals you're currently working on.

4. Know your upcoming court dates - Once you know your court date, share the information with your YDM, put it in your calendar and create a reminder so that you attend on time.

5. Know the status of your cases and the charges - Throughout a court process, things can change rapidly and it can be confusing. Be sure that you're asking your lawyer what the status of the case is as well as your charges. If you're comfortable sharing, tell your YDM them, too.

6. Meet weekly with your lawyer leading up to court - In order for your lawyer to best advocate for what you want, it helps to build a relationship with them. Ask them how often they are available to meet, and advocate for it to be as often as possible leading up to your court date.

STEP #6: lean on mtw

Like we said, MTW is a job training program; we don't have legal experts or lawyers on staff. However, we are seen in the region as an important community partner to youth and we experiences in supporting youth as they become involved in the court system. Because of this, we can support you as you navigate your court involvement in a few ways:

Write a letter about your progress

- Provide positive view of you and your work at MTW

Attend court hearings with you

- Keep track of dates

- Show up in court

Advocate for your rights

- YDM can meet with lawyer to advocate for you

- ACE managers have connections in system to leverage

Help with court-ordered assignments

- Complete during YOU Time

- YDM can connect you to resources and help you track your progress

STEP #7: learn more

Need immediate legal help? You can contact our Advocacy and Community Engagement team for immediate and confidential help, by emailing John DePina at jdepina@mtwyouth.org.

Want more information on court processes, vocabulary, and your rights in the court system? Check out our comprehensive MTW Court Resource below.