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.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
