Massachusetts General Laws

Mass. Gen. Laws ch. 263, § 5 (2026)

Counsel; right of accused

✓ current as of July 2026

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Section 5. A person accused of crime shall at his trial be allowed to be heard by counsel, to defend himself, to produce witnesses and proofs in his favor and to meet the witnesses produced against him face to face.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1965–2026 · leading case: Commonwealth v. Vardinski, 780 N.E.2d 1278 (Mass. 2003).

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Commonwealth v. Vardinski, 780 N.E.2d 1278 (Mass. 2003). · cites it 3× “9 See G. L. c. 263, § 5. 10 , 11 *450 Because in this one witness identification case the right to cross-examine is so closely linked to the right to put on a defense, we shall discuss both under the more specific right to cross-examine.”

Commonwealth v. Garcia, 399 N.E.2d 460 (Mass. 1980). · cites it 2× “Garcia's contention that he could not understand what transpired at the trial essentially alleges a violation of his right to be "present" at his trial to confront the witnesses against him.”

Commonwealth v. Joyce, 415 N.E.2d 181 (Mass. 1981). · cites it 2× “12 of the Declaration of Rights of the Massachusetts Constitution and by G.L.c. 263, § 5. Also, the defendant argues that his due process right to have a fair trial was abridged.”

Commonwealth v. Bohannon, 434 N.E.2d 163 (Mass. 1982). · cites it 2× “This constitutional right is also reaffirmed in G. L. c. 263, § 5. Although the defendant relies on both Federal and State law, he makes no argument as to whether the language of art.”

Commonwealth v. Siegfriedt, 522 N.E.2d 970 (Mass. 1988). · cites it 3× “We conclude that in these circumstances the specific language of art.”

Commonwealth v. Puleio, 474 N.E.2d 1078 (Mass. 1985). · cites it 2× “12 of the Declaration of Rights of the Massachusetts Constitution, and by G.L.c. 263, § 5. He argues that the law of the Commonwealth clearly permits him to impeach Subatch with counsel-waived convictions.”

Commonwealth v. Childs, 596 N.E.2d 351 (Mass. 1992). · cites it 2× “Ordinarily, criminal defendants have a right to confront their accusers face to face.”

Commonwealth v. Blaikie, 378 N.E.2d 1361 (Mass. 1978). “See also G. L. c. 263, § 5. 4 It is true that the testimony of Dr.”

Commonwealth v. Shelley, 80 N.E.3d 335 (Mass. 2017). · cites it 2× “A defendant's right to present a defense against the government's accusations is rooted in the Sixth Amendment to the United States Constitution, art.”

Commonwealth v. Edgerly, 361 N.E.2d 1289 (Mass. 1977). “Such a defendant is not denied his right under G. L. c. 263, § 5, to defend himself or to produce witnesses and proofs in his favor.”

Commonwealth v. Colantonio, 577 N.E.2d 314 (Mass. App. Ct. 1991). “9 Specifically, the defendant claims deprivation of his right to present a defense, compulsory process, due process of law, and a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, as well as art.”

Commonwealth v. Perez, 540 N.E.2d 697 (Mass. App. Ct. 1989). “12 of the Declaration of Rights to the Massachusetts Constitution, and G.L. c. 263, § 5.”

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