Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 14A (2026)

Right to counsel; grand jury proceedings

✓ current as of July 2026

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Section 14A. Any person shall have the right to consult with counsel and to have counsel present at every step of any criminal proceeding at which such person is present, including the presentation of evidence, questioning, or examination before the grand jury; provided, however, that such counsel in a proceeding before a grand jury shall make no objections or arguments or otherwise address the grand jury or the district attorney. No witness may refuse to appear for reason of unavailability of counsel for that witness.

Notes of Decisions

Cited in 10 cases, 1982–2017 · leading case: Commonwealth v. Pezzano, 438 N.E.2d 841 (Mass. 1982).

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Commonwealth v. Pezzano, 438 N.E.2d 841 (Mass. 1982). · cites it 6× “See G.L.c. 277, § 14A (right of witness before grand jury to have counsel present); Mass.”

Commonwealth v. Patton, 934 N.E.2d 236 (Mass. 2010). “372, 374-375 (1989), this court applied the reasoning of Care & Protection of Stephen, supra, and held that the statutory right to consult with counsel *128 under G. L. c. 277, § 14A, included the right to effective assistance of counsel.”

Commonwealth v. Griffin, 535 N.E.2d 594 (Mass. 1989). · cites it 3× “examination before the grand jury; provided, however, that such counsel. . . shall make no objections or arguments or otherwise address the grand jury or the district attorney.”

Commonwealth v. Torres, 813 N.E.2d 1261 (Mass. 2004). “Counsel had been assigned to the defendant in connection with the grand jury proceedings, see G. L. c. 277, § 14A, and had advised the defendant with respect to the assertion of his Fifth Amendment right to refuse to testify before the grand jury.”

Commonwealth v. Stevenson, 50 N.E.3d 184 (Mass. 2016). “2855 (2014) (“targets, or those reasonably likely to become targets, of the investigation” are entitled to warnings that they can exercise their privilege against self-incrimination under Fifth Amendment to United States Constitution); G. L. c. 277, § 14A (“Any person shall have…”

Commonwealth v. Brown, 771 N.E.2d 214 (Mass. App. Ct. 2002). “372, 374 (1989), but statutory (under G. L. c. 277, § 14A, inserted by St. 1977, c.”

Commonwealth v. Gilliard, 629 N.E.2d 349 (Mass. App. Ct. 1994). “[,]” and, presumably, one who, like the defendant, is indigent has the right to have counsel appointed to assist her at no expense to her. The defendant contends that, to safeguard her right not to incriminate herself and her right to equal protection, counsel should have been…”

Commonwealth v. Hawkins, 523 N.E.2d 787 (Mass. App. Ct. 1988). “276, § 33A (police expressly required to notify arrestee of his right to use telephone), (d) In any event; a study of the evidence on which the case was submitted to the trial judge shows that none of the evidence on which the perjury convictions were based was obtained in…”

In the Matter of a Grand Jury Investigation (Mass. App. Ct. 2017). · cites it 2× “As conceded by the Commonwealth, G. L. c. 277, § 14A, inserted by St. 1977, c.”

Commonwealth v. Dovale, 7 Mass. L. Rptr. 603 (Mass. Super. Ct. 1997). · cites it 3× ““A grand jury witness does have a statutory right under G.L.c. 277, §14A, 1 inserted by St. 1977, c.”

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