Legal Question in Criminal Law in Massachusetts

Wrong Jursidiction

Does a superior court judge have the ability to switch a case to its correct jurisdiction after the inmate has been held in the wrong county for nearly 1 year and has been having his court proceedings heard at the wrong courts?It is a fact that the inmate is being prosecuted and has been indicted in the wrong county. how does he go about getting compensated for the wrongdoing of the proseuctor? Due to the fact that the commonwealth is at fault for this, is this grounds for dismissal of the case, or does the case get brought in front of it's true county? Does the inmate have to undergo pretrial conferences i.e., indictment process, all over again, or does the case and its rulings stand in the correct county to then be heard by the correct court?


Asked on 2/14/07, 9:39 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Wrong Jurisdiction

I assume that you were indicted in the wrong county?

Generally, the Superior court has general jurisdiction as opposed to the district court.

The specific questions must be filled with some facts that are missing. If the District Attorney indicted you in the wrong county, there is a motion to dismiss available. This would require the District Attorney in the correct county to indict you.

You are entitled to file a motion for a speed trial. You have not suffered jeopardy - that is the inmate must stand trial for jeopardy to attach. The indictment must be filed within the statute of limitation. I am sure that this must have been raised with the attorney representing you.

I would suspect that the issue must have been noted wherein the alleged criminal act was committed.

When I refer to "you" I am referring to the person in custody.

You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.

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Answered on 2/14/07, 10:19 pm


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