Occasionally criminal cases are resolved through what’s known as a “guilty file” disposition. This means that the defendant pleads guilty and the prosecutor files the cases, i.e., sets it aside without any form of punishment.
Such dispositions are permissible under Rule 28(e) of the Massachusetts Rules of Criminal Procedure. That rule states,
The court may file a case after a guilty verdict or finding without imposing a sentence if the defendant and the Commonwealth both consent.
If the defendant commits a new offense, the prosecutor could remove the case from its “filed” status and ask the judge to impose a sentence for the original crime. However, this rarely happens.
In many cases a specified time limit is set for the case’s resurrection.
Again citing Rule 28(e):
With the consent of both parties, the judge may specify a time limit beyond which the case may not be removed from the file
Defendants who accept a “guilty file” disposition usually cannot appeal their case.
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