Supreme Judicial Court, November 26, 2013

The Supreme Judicial Court exercised its discretion to consider whether a Juvenile Court judge may rule on a motion to dismiss before arraignment.  It concluded that when “a juvenile files a motion to dismiss a complaint before arraignment based on the absence of probable cause, and where a judge, after reviewing the ‘four corners’ of the complaint application, concludes that there is a substantial likelihood that the motion is meritorious, a judge does not abuse his discretion in deciding to hear and rule on that motion before arraignment to protect the child from the potential adverse consequences of a CARI record.” 

The Court did not decide “whether it would be an abuse of discretion for a judge to rule on a motion to dismiss filed by an adult defendant before arraignment.”