Massachusetts General Laws

Mass. Gen. Laws ch. 263, § 4A (2026)

Waiver of indictment; procedure

✓ current as of July 2026

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Section 4A. A defendant charged in the district court with an offense as to which he has the right to be proceeded against by indictment shall have the right, except when the offense charged is a capital crime, to waive that right, whereupon the court shall have as full jurisdiction of the complaint as if an indictment had been found. If a defendant is so charged and requests a probable cause hearing in district court, that request shall constitute a waiver of the right to be proceeded against by indictment and the prosecution may proceed upon the complaint. If a defendant waives the right to be proceeded against by indictment, a probable cause hearing shall be held in the district court unless the defendant waives the probable cause hearing or unless the prosecutor elects to proceed by indictment pursuant to the Massachusetts Rules of Criminal Procedure.

If the district attorney desires to charge a defendant who waives indictment hereunder with an additional non-capital crime which is not charged in the complaint upon which the prosecution is proceeding and as to which there is the right to be proceeded against by indictment, the district attorney may prepare an additional complaint charging such additional crime and serve that complaint upon the defendant so as to give the defendant an opportunity to waive indictment upon such additional charge.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1968–2026 · leading case: Commonwealth v. Perkins, 981 N.E.2d 630 (Mass. 2013).

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Commonwealth v. Perkins, 981 N.E.2d 630 (Mass. 2013). · cites it 5× “See G. L. c. 263, § 4A; Mass. R. Crim. R 3 (e), as appearing in 442 Mass.”

Commonwealth v. Perella, 982 N.E.2d 526 (Mass. 2013). · cites it 3× “5 Others must be tried on an indictment and disposed of in the Superior Court, 6 even if the crime is first charged by a complaint issued in the District Court, unless the defendant has waived the right to be proceeded against by indictment under G. L. c. 263, § 4A. 7 By…”

Ciummei v. Commonwealth, 392 N.E.2d 1186 (Mass. 1979). “G. L. c. 263, § 4A. See Mass. R. Crim. P.”

Commonwealth v. Francis, 374 N.E.2d 1207 (Mass. 1978). “12 of the Declaration of Rights not to be tried and punished for a felony without indictment by a grand jury.”

Lataille v. Dist. Court of E. Hampden, 320 N.E.2d 877 (Mass. 1974). “For that reason we decline to decide this case on the technical and narrow ground that the petition may be improperly presented and we therefore address our decision to the substantive merits of the defendant’s claim.”

Commonwealth v. Peterson, 840 N.E.2d 913 (Mass. 2006). · cites it 2× “Because the only statute providing for the waiver of indictment, G. L. c. 263, § 4A, does not require that a waiver be in writing, and the waiver, which was given orally after an extensive colloquy, was made voluntarily and intelligently, we conclude that proceeding by way of…”

Commonwealth v. Baran, 490 N.E.2d 479 (Mass. App. Ct. 1986). “G. L. c. 263, § 4A. Mass.R.Crim.P. 3(d), 378 Mass.”

Brown v. Comm'r of Corr., 474 N.E.2d 1059 (Mass. 1985). “626, 632-633 (1943); G. L. c. 263, § 4A, as appearing in St. 1934, c.”

Burhoe v. Byrne, 289 F. Supp. 408 (D. Mass. 1968). “Had he waived indictment as permitted by M.G.L. c. 263, § 4A (which refers specifically to cases bound over under M.”

Commonwealth v. Cromartie, 418 N.E.2d 1272 (Mass. App. Ct. 1981). “265, § 15A), having waived indictment under G. L. c. 263, § 4A, as amended by St. 1979 c.”

Carr v. Lizotte (1st Cir. 2026). · cites it 2× “That issue does not arise here because Massachusetts law requires an indictment for first-degree murder charges, see Mass. Gen. Laws ch. 263, § 4A, and "a defendant charged with a capital crime does not have the right to waive indictment," Commonwealth v.”

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