Criminal Law FAQs

A Massachusetts criminal defense lawyer can assist you if you've been charged or indicted for a criminal offense, or if you've been given notice to appear at a clerk magistrate's hearing. Additionally, a criminal defense attorney may assist you with preparing for forthcoming criminal charges, such as communicating with the prosecution or arranging your surrender rather than having you arrested at an unexpected time and place.

In Massachusetts, a misdemeanor is defined as any offense for which no state prison time is possible. The maximum sentence a person can receive for a misdemeanor is 2.5 years in the house of corrections, although most misdemeanor offenses do not lead to any incarceration for people with a limited prior record. A felony is any offense for which state prison is a possible outcome, although whether a person goes to state prison for a felony charge will depend on numerous factors. Some felonies, such as first- degree murder and aggravated child rape, are punishable by up to life in prison.

In Massachusetts, after an arrest, a defendant may or may not be released at the police station. They will either be required to appear in court the following business day (if released at the station on either personal recognizance or a cash bail they are able to post), or, if held without bail, they will be transported by the sheriff to court the following morning. At the arraignment, even if a defendant shows up on his/ her own after having been released, the assistant district attorney (ADA) may still ask that the court impose a cash bail or conditions of release, such as drug/ alcohol testing, GPS monitoring, a "stay away" order from a particular person, etc. If the ADA believes you are a danger to a particular person or the community, they may ask that you be held in jail for the duration of your case, pending trial. Your defense attorney will get copies of the initial police reports and advocate for your release. A pretrial hearing date will be selected, and then the bulk of the following pretrial court appearances will consist of going through the discovery process and motions practice. Due to numerous different factors, the case could end in a dismissal, a plea, or a trial verdict, if the case does in fact proceed to trial.

You NEVER have to speak with the police if you're being investigated or arrested. It is important to NOT speak to police without first consulting with your criminal defense attorney. If you've been arrested, you will not talk your way out of a prosecution. However, many defendants who speak with police often provide inculpatory (harmful) information, without even realizing it.

You have the right to remain silent, make one phone call after booking, the right to a probable cause determination and bail determination by a neutral magistrate or bail clerk within 24 hours, and the right to an attorney. If you cannot afford an attorney, and the court finds you are indigent, you will be appointed an attorney at your arraignment which usually occurs the following business day after your arrest.

If you missed a court date ("defaulted") and the court has not waived your presence, a warrant will issue for your arrest. If you violate bail conditions, the court may issue a warrant for your arrest. In either case, you should contact your Massachusetts criminal defense attorney right away to arrange your appearance in court and removal of the arrest warrant. Showing up with a qualified attorney already demonstrates to the judge that you are taking the case seriously, leading to a greater likelihood of being released rather than being detained for a period of time for the default or violation.

In Massachusetts, after an arrest, bail is first determined by a neutral bail commissioner at the police station. The bail commissioner will look to a number of facts to determine whether to release you on personal recognizance (not having to post cash bail before release), setting a cash bail, or holding you without bail until your arraignment before a judge. The bail commissioner will look at factors such as the seriousness of the charged offense(s), risk of flight, prior criminal record and prior history of missing court dates. Whether you are released or held without bail until your arraignment, once at the arraignment the district court judge will reconsider these same factors. There may be a contested bail hearing between the assistant district attorney and your defense lawyer. If the judge orders you held without bail, or orders you held on a cash bail that is too high for you to be able to post, then your defense attorney can appeal the district court judge's order to the superior court.

In Massachusetts, sealing a record is much more common than being able to expunge a record, which requires several factors that do not apply in the vast majority of cases. A misdemeanor conviction cannot be sealed until at least 3 years as passed, and 7 years must pass before a felony conviction can be sealed, at which point a petition to seal can be filed with the commissioner of probation, without court involvement. If your case ended in a dismissal, then you can file a petition to seal with the court at any time after such dismissal. The court will first determine whether your case is one that is eligible for sealing, and if so, a hearing will then be scheduled to argue that petition with the help of your defense attorney, as the Commonwealth usually opposes such petitions.

State charges occur when local authorities charge you with, and prosecute you for, a crime outlined under state law. Federal authorities will charge and prosecute you when you're alleged to have violated federal law. The federal sentencing guidelines are generally much more punitive than state sentencing guidelines (such as those Massachusetts). Also, federal prosecutors are generally much more experienced and have significantly more resources available to them than do state prosecutors. For these reasons, a defendant would much rather face charges in state court than in federal court. However, if convicted and sentenced to prison, federal prison accommodations are generally much more favorable than those in state prison.

A plea bargain is a very case- sensitive consideration. Only a full analysis of the pros and cons with your attorney relating to your personal, professional, and family circumstances, and the facts and strength/ weakness of the case against you, can really give you an answer as to your best option.

Whether criminal charges will affect your job, license, or immigration status will depend on the particular charge(s) and your particular immigration status. Some criminal charges are unlikely to affect any of these concerns, while others might have mandatory statutory impacts to certain employment, your license, or your immigration status. It is important to discuss these concerns with your criminal defense lawyer and/ or your immigration lawyer.

In Massachusetts, within 24 hours of an arrest, you will be arraigned in front of a judge, and in court up against the power of the government. The judge will make a determination whether you will be released on personal recognizance, cash bail, restrictive conditions, or held without bail pending trial. If you (or your family on your behalf) hire a defense lawyer who can appear in court at your arraignment, the lawyer would have already started to gather information in preparation for the bail argument. Further, when a judge sees that you have already hired a defense attorney, it shows that you are taking the process seriously and are invested in your defense. People who are invested in their defense and take it seriously are less likely to skip court dates or commit other crimes while facing prosecution. It is also important to hire your lawyer prior to your arraignment, as the subsequent court dates will be scheduled at that time. Criminal defense attorneys are in court nearly every single day, so you'll want your attorney to be able to schedule those further dates based on his/ her own availability.

Most criminal defense attorneys in Massachusetts will schedule a free initial phone consultation with someone who is facing criminal charges. During that consultation, the attorney will be able to inform you as to any material you should bring to that first in- person meeting, depending on the specifics of your case.

Every case is different. Based upon your criminal defense attorney's initial reading of the charges you're facing, as well as the initial police reports, he/ she is likely to guide you on how to best assist that lawyer. Common issues the lawyer will want to know about are the nature of the relationship between you and any alleged victim or witnesses, prior similar charges or accusations you've faced, and how your version of events might differ from that of either an alleged victim, witness, or the law enforcement officials who arrested you.