Mass. Gen. Laws » Part IV Title II Chapter 277
Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 70B (2026)

Placing cases on file; statement of reasons

✓ current as of July 2026
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Section 70B. Except as otherwise provided by law, a criminal case shall not be placed on file, on motion of a district attorney or assistant district attorney, unless such motion is accompanied by a written statement of the reasons for such disposition, signed by the district attorney or assistant district attorney, which shall be filed with the pleadings, and also accompanied by a statement of any previous criminal record of the accused.

Notes of Decisions
Cited in 4 cases, 1998–2009 · leading case: Commonwealth v. Simmons, 863 N.E.2d 549 (Mass. 2007).
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Commonwealth v. Simmons, 863 N.E.2d 549 (Mass. 2007). “Although G. L. c. 277, § 70B, requires a written statement of reasons prior to the filing of a case, it does not specifically authorize the practice, define its boundaries or include the common-law necessity of consent.”
Commonwealth v. Powell, 901 N.E.2d 686 (Mass. 2009). “See also G. L. c. 277, § 70B (requiring written statement of reasons prior to filing case “on motion of a district attorney or assistant district attorney”); Fisher, Plea Bargaining’s Triumph, 109 Yale L.”
Commonwealth v. Simmons, 838 N.E.2d 1257 (Mass. App. Ct. 2005). “One statute, G. L. c. 277, § 70B, sets forth requirements when a prosecutor seeks to “place a criminal case on file”: “Except as otherwise provided by law, a criminal case shall not be placed on file, on motion of a district attorney or assistant district attorney, unless such…”
Lindegren v. Commonwealth, 695 N.E.2d 207 (Mass. 1998). “The witness also relies on G. L. c. 277, § 70B; G. L. c. 276, § 62; G.”
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