Weymouth, MA asked in Criminal Law for Massachusetts

Q: Hello and thank you! Can you explain what happens when a case is moved from district court to the superior court?

Does the case start over in the legal process or does it begin where it left off in district court?

My daughter in law was arrested for intent to distribute heroin and fentanyl. The case was moved to superior court. She’s out on bail. I’m curious if the legal proceeding start all over.

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2 Lawyer Answers

Joseph B. Simons

Answered
  • Criminal Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: The short answer is that the case starts over again in Superior Court. Many of the procedures are the same, but not all. And the stakes are much higher. Hopefully your daughter has an attorney experienced with Superior Court cases.

Kathleen Anne Jackson agrees with this answer

Kathleen Anne Jackson

Answered
  • Criminal Law Lawyer
  • West Stockbridge , MA
  • Licensed in Massachusetts

A: Once a case has moved from District Court in MA to Superior Court, it means that your daughter is now facing FELONY charges and risking going to STATE PRISON instead of just a County Jail. I am sure she has been either assigned an attorney by the State at this point or you have hired her one. Even if she has been assigned either a bar advocate or a public defender by the state, this attorney SHOULD agree to meet with you at least once, if not more than once, to answer your questions and let you know what is going on. Reach out to the court, or your daughter and find the name and phone number for this attorney and ask to meet with them. These are very serious charges. Meet with the attorney. The case did not really "start over,", it just got way more serious.

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