Massachusetts General Laws

Mass. Gen. Laws ch. 119, § 72A (2026)

Proceedings upon apprehension after nineteenth birthday

✓ current as of July 2026

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Section 72A. If a person commits an offense or violation prior to his eighteenth birthday, and is not apprehended until after his nineteenth birthday, the court, after a hearing, shall determine whether there is probable cause to believe that said person committed the offense charged, and shall, in its discretion, either order that the person be discharged, if satisfied that such discharge is consistent with the protection of the public; or, if the court is of the opinion that the interests of the public require that such person be tried for such offense or violation instead of being discharged, the court shall dismiss the delinquency complaint and cause a criminal complaint to be issued. The case shall thereafter proceed according to the usual course of criminal proceedings and in accordance with the provisions of section thirty of chapter two hundred and eighteen and section eighteen of chapter two hundred and seventy-eight. Said hearing shall be held prior to, and separate from, any trial on the merits of the charges alleged.

Notes of Decisions

Cited in 28 cases (4 in the last 5 years), 1970–2026 · leading case: Commonwealth v. Mogelinski, 1 N.E.3d 237 (Mass. 2013).

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Commonwealth v. Mogelinski, 1 N.E.3d 237 (Mass. 2013). · cites it 23× “119, § 72[,] and G. L. c. 119, § 72A[,] refers to the time when a complaint is issued against an individual, or to when an individual is summoned for arraignment, or when an individual voluntarily appears in response to a summons or complaint and submits to the jurisdiction of…”

Commonwealth v. Mogelinkski, 473 Mass. 164 (Mass. 2015). · cites it 13× “In January, 2014, acting pursuant to G. L. c. 119, § 72A, the Commonwealth brought a new complaint in the Juvenile Court against the then twenty year old defendant.”

Commonwealth v. Porges, 952 N.E.2d 917 (Mass. 2011). · cites it 12× “265, § 13B), pursuant to G. L. c. 119, § 72A, where the defendant is alleged to have been under the age of 14 at the time of the commis *526 sion of the offense, but was not apprehended until after his eighteenth birthday, or do other provisions of chapter 119, specifically §…”

J.H. v. Commonwealth, 94 N.E.3d 779 (Mass. 2018). · cites it 9× “*780 **285 A single justice of the county court reserved and reported this case involving the transfer of certain charges from the Juvenile Court to adult court pursuant to G. L. c. 119, § 72A. In September, 2014, juvenile delinquency complaints were issued against the defendant…”

Commonwealth v. Davis, 777 N.E.2d 1275 (Mass. App. Ct. 2002). · cites it 9× “Before us is a reported question from the Superior Court that involves whether G. L. c. 119, § 72A, requires a Juvenile Court judge to make written subsidiary findings when deciding whether an individual who commits an offense prior to his seventeenth birthday but is not…”

Commonwealth v. Brown, 1 N.E.3d 259 (Mass. 2013). · cites it 2× “119, § 72A, defendants who commit a crime prior to their eighteenth birthday but are not apprehended until after their nineteenth birthday may be prosecuted in the Superior or District Court if a Juvenile Court judge determines that the interests of the public require that the…”

Commonwealth v. Nanny, 971 N.E.2d 762 (Mass. 2012). · cites it 4× “We granted the Commonwealth’s application for direct appellate review to determine whether a transfer hearing pursuant to G. L. c. 119, § 72A (§ 72A), must be held before the Commonwealth may seek an indictment pursuant to G.”

Commonwealth v. Bousquet, 556 N.E.2d 37 (Mass. 1990). · cites it 3× “The Commonwealth moved for a hearing relative to transfer to Superior Court pursuant to G. L. c. 119, § 72A. The judge allowed the motion and continued the matter until a later date for a hearing on the transfer motion.”

Fitzpatrick v. Commonwealth, 453 Mass. 1014 (Mass. 2009). · cites it 3× “G. L. c. 119, § 72A. The judge did not make written or oral subsidiary findings.”

Commonwealth v. Cole C., a Juv., 92 N.E.3d 733 (Mass. App. Ct. 2018). · cites it 4× “The judge also denied alternative relief that the Commonwealth requested, the holding of a transfer hearing pursuant to G. L. c. 119, § 72A, in order that the defendant might be tried as an adult.”

Commonwealth v. a Juv., 450 N.E.2d 1089 (Mass. App. Ct. 1983). · cites it 2× “*255 Prior to the enactment of G. L. c. 119, § 72A, the Supreme Judicial Court held, in D’Urbano v.”

Commonwealth v. Ely, 444 N.E.2d 1276 (Mass. 1983). “Pursuant to G. L. c. 119, § 72A, a juvenile transfer hearing was held.”

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