Criminal court proceedings can be confusing to the uninitiated. 

I have often had career criminals (“frequent fliers” in court lingo) turn to me after a routine hearing and ask “What just happened?”

Much of the confusion arises from the endless jargon used by lawyers, judges, and other court officials.

What follows is a glossary of some of the most commonly used terms in Massachusetts criminal court.  The list is designed to help new lawyers, new court officials, criminal defendants, and anyone else who finds himself in the courtroom.

Commonly cited laws

5th – a witness’s refusal to testify based on his 5th amendment right against self-incrimination. See my post When and How a Witness Invokes the 5th Amendment Right Against Self-Incrimination.

Section 12 – a petition seeking to have a person hospitalized for a psychiatric evaluation and compulsory treatment if necessary.  See M.G.L. c. 123, § 12 and my post Section 12: Forced Hospitalization for Mental Health Treatment.

15a evaluation – an evaluation used to determine whether the defendant is competent to stand trial and/or lacks criminal responsibility for the alleged crime(s). See M.G.L. c. 123, § 15a and my posts Competency to Stand Trial: Court-Ordered Evaluations and Lack of Criminal Responsibility (the Insanity Defense) in Massachusetts

Rule 17 – a motion for 3rd party records, documents, videos, or any other relevant tangible evidence.  See Rule 17 of the Massachusetts Rules of Criminal Procedure and my post Court Orders for Third-Party Records in Criminal Proceedings: Rule 17 Motions.

Section 35 – a petition seeking to have a person commit for substance abuse or alcohol abuse treatment.  See See M.G.L. c. 123, § 35 and my post Commitment for Alcohol or Substance-Use Disorder: Section 35 Hearings.

58A or “dangerousness” hearing – a hearing to determine whether a defendant poses an imminent danger to others; defendants deemed “dangerous” can be detained up to 120 in jail while their case is pending. See M.G.L. c. 276, § 58A and my post Criminal Pretrial Detention: “Dangerousness” and 58A Motions.

111E assessment – an assessment done in some drug cases to determine (1) if the defendant is a “drug dependant person” and (2) what treatment would best suit his needs. See M.G.L. c. 111E and my post Drug Treatment in Place of Prosecution in Massachusetts.

209A – a restraining order.  See M.G.L. c. 209A.

258E – a harassment prevention order.  See M.G.L. c. 258E.

276-87 – sometimes referred to as “pretrial probation,” a plea agreement where the defendant is moved from pretrial status to probation without pleading guilty or admitting to facts sufficient for a finding of guilty.  See M.G.L. c. 276, § 87.

Common abbreviations for pleas, pretrial conditions, and probation conditions.

AV – alleged victim.

CWOF – continuation without a finding.

Δ – Greek letter delta used as shorthand for “defendant.”

HOC – house of correction (jail)

M/H eval. – Mental health evaluation.

N/A – no abuse.

N/C – no contact.

SCRAM – Secure Continuous Remote Alcohol Monitoring, a portable breath test used to monitor a defendant or probationers sobriety. See my post SCRAM Alcohol Breath Test as Pretrial, Probation, or Parole Condition in Massachusetts

S/A – stay away.

SS – suspended sentence.

VOP – violation of probation. See my post Probation: Detention Hearings vs. Violation Hearings.

Additional jargon

BOP – Federal Bureau of Prisons data sheet (i.e., the defendant’s in-state and out-of-state criminal record).

CARI – Massachusetts Probation Department’s Criminal Activity Record Information (i.e., the defendant’s Massachusetts criminal record).

Clinician – the psychologist or licensed social worker who conducts, among other things, 15a and Section 35 evaluations.

Habe – short for habeas corpus, a request for an incarcerated defendant to be brought to court for a hearing.

Mitt – short for mittimus (Latin for “we send”), a court order directing a jail or prison to detain a criminal defendant either before or after sentencing. See my post What is a Mittimus?

TRC – trial readiness conference.

This is by no means an exhaustive list. If I’ve missed any esoteric terms used in Massachusetts criminal proceedings, please let me know in the comments below.