What Are The Most Common Types Of Criminal Defense Cases You Handle?

We handle all types of Massachusetts criminal cases. Drug cases, operating under the influence, assault and battery, you name it.

What Do You Think Are The Top Misconceptions People Have About Being Arrested For A Crime When They Speak With You About Their Case?

There are a few common misconceptions. Number one is thinking you can talk your way out of a charge, or that the police or the judge will be mad if you exercise your rights. You have a right to remain silent, you have a right to an attorney, etc. and you should take advantage of them. Exercising your rights can’t be used against you, but failing to exercise them can hurt you a lot. Next, many people think they can get the case dismissed if the witness is lying, or through some magical technicality in the law. But the reality is this is usually not true. It MIGHT be true in some circumstances, but the law is complex and full of exceptions and exceptions to the exceptions, so don’t count on it.

What Are Some Of The Most Common Ways People Unintentionally Incriminate Themselves And / Or Hurt Their Pending Case?

Talking to the police. Don’t talk to the police unless you’ve consulted with an attorney and been advised to. It’s bad. You don’t know what evidence they have, or what story someone else has told them, and what you say that you think is going to help you is actually the missing piece of the puzzle to get a conviction. Similarly, giving them consent to search. You should not consent to a search. If they have a warrant or some other exception to the warrant requirement you can’t stop them. But if they don’t, you have a right to say no.

How And When Do Miranda Rights Actually Come Into Play When Confronted By Police, Either Roadside, On The Street, At Home, Or Other Places?

You always have the right not to answer questions from the police if the answer might incriminate you. And that is a broad standard. Obviously saying “I killed the guy” could incriminate you, but so could telling the police where you were that night. So could saying anything that’s contradicted by another witness, or by what you testify to at trial, or that the police interpret as consciousness of guilt.

How Much Does Having A Good Job, A Family, Generally Being A “Good” Citizen Play Into A Case?

Not much. It doesn’t play any role at trial. Trial is all about whether you did the thing the government is accusing you of. It might play a role in sentencing or plea bargaining, especially for less serious crimes. The main thing the judge and prosecutor will look at is the seriousness of the crime, followed by your criminal record (both the seriousness and the number of prior cases), if any. Being the primary caretaker of a child is something they will factor in when deciding between jail or probation. If you do receive probation, it will typically have a requirement that you have or be making reasonable efforts to obtain employment, so having a job can reduce your likelihood of being brought up on a violation of probation.

What’s The Difference Between A Misdemeanor And A Felony?

Depends on the purpose. Under state law in Massachusetts, the difference is whether the crime carries a potential sentence to the state prison or only to the house of correction (and note: potential sentence. Many felonies will often be prosecuted in the district court and receive a house of correction sentence in reality, though they could be prosecuted in superior court and receive a state prison sentence if the prosecution chose to indict them there). For federal purposes anything with a potential sentence of more than one year is a felony. Normally you only have to worry about the definition according to who is prosecuting you, but there are exceptions. For example, many immigration laws use the federal definition of felony even when they apply it to state crimes and state sentencing schemes. And since most misdemeanors in Massachusetts have a maximum sentence of 2.5 years, many crimes that are misdemeanors under state law become “felonies” for immigration purposes.

How Does Bail Work? How Is Bail Set? Do I Have To Pay It All In Cash? Will I Get It Back?

The judge will have a bail hearing at your arraignment, which is your first appearance in court. Additionally, if you are held for more than 6 hours before court you typically have the right to see a bail commissioner, who may set bail at that point. You, or more likely your family, have to pay the bail set by the judge or the bail commissioner in order to be released. If you are charged with a new crime or fail to show up for court, your bail can be revoked and you can be held in jail until the case goes to trial. Massachusetts has outlawed bail-bondsmen, so you will have to come up with the full amount from your friends and family. You, or whoever pays it on your behalf, will get it back at the end of the case.

For more information on Common Criminal Cases In Massachusetts, an initial case evaluation is your next best step. Get the information and legal answers you are seeking by calling today.