In what is a strange but common scene in the greater Boston area, a man is lying in his hospital bed as a defense attorney, court clerk, and even a judge in a full black robe, conduct an arraignment. An arraignment, also known as first session in the Commonwealth of Massachusetts, is the first court hearing for a defendant in misdemeanor and most felony cases. This is where there is a formal reading of the charges, and the judge decides if the defendant will be held on bail or released.
While it seems strange to hold court and do an arraignment in a hospital room, the actual reason for this has to do with departments not wanting to spend money that they don’t have. When a defendant is arrested, before he or she is arraigned, the police must maintain custody unless a judge or bail commission conducts an initial arraignment. This means that police must post officers outside of the defendant’s hospital room 24 hours a day until the arraignment occurs. Once defendant is arraigned, custody transfers to the bail officers during court and then to the county sheriff. The police complain about paying overtime, so they get the courts to come to the hospital. Continue reading