Criminal Defense

Clerk Magistrate Hearings

A Clerk Magistrate hearing (also known as a “show cause hearing”) is conducted to determine if there is enough evidence for a criminal complaint to be issued. Even if you have not been arrested, you may be mailed a summons to appear at a clerk’s hearing. If you have received a summons for a Clerk Magistrate hearing, you must appear, or a criminal complaint will issue against you.

A Clerk Magistrate hearing is usually a less formal proceeding than one conducted before a judge. The clerk will consider all of the evidence before him/her and decide whether a criminal complaint should be issued. This is your opportunity to present your case. Clerk’s hearings are also an opportunity to resolve cases before a criminal complaint is issued.

Domestic Violence

People who have been charged with domestic violence are often coping with immense emotional and mental stress.  They may be in the midst of an ongoing conflict with their wife, husband, partner, or child when they are accused of committing domestic violence.  Even if the accusation is false, it can lead to a person’s immediate arrest by local law enforcement.  When a person is accused of domestic violence, he/she is usually removed from the home and detained in jail until criminal charges have been filed and bail has been posted.

If you have been convicted of domestic violence, whether it is a felony or misdemeanor charge, you may face possible jail time, imprisonment, fines, probation, community service, or restraining orders.

If you are convicted of a domestic violence offense, you may be ordered to attend and complete either an anger management program or a certified batterer’s program, an intense 40 session program that is monitored by a state agency.  The conviction will be noted on your criminal record, which can make it difficult or impossible for you to obtain employment, housing, or even educational opportunities in the future.

If you have been charged with domestic violence and engage an experienced attorney to get involved from the very beginning of your case, you stand a much greater chance of obtaining a positive outcome.

Drug Crimes

If you are convicted of a drug offense in Massachusetts, you may face jail time, fines, probation, drug testing, and/or loss of your driver’s license of from one to five years if you are convicted. The legal consequences associated with drug crime convictions can greatly impair your quality of life. People who have been charged with drug crimes need an experienced criminal defense attorney on their side who is familiar with the complexities of Massachusetts law in this area.

Drunk Driving (Operating Under the influence)

A drunk driving offense is more than a traffic citation; it is a criminal offense in the state of Massachusetts. Massachusetts has very strict laws regarding drunk driving and if you are charged, it stays on your record permanently.  For each subsequent offense, the penalties increase substantially. Even a first offense can have long-lasting effects.  Therefore, if you have been arrested for OUI, you should contact an attorney immediately to preserve your rights.
Be aware that you do have rights, which police must inform you about during the arrest. If the police suspect you of drinking and driving, they will begin by asking you that. If in fact you have been drinking, it is best not to admit it.  Depending upon how much alcohol you claim to have consumed, your admission alone may constitute “probable cause” for the police to arrest you and give you a Breathalyzer test.

Many people every year are falsely accused and charged with OUI, and they suffer for it. Failing a field sobriety test does not mean you are impaired or intoxicated while driving a vehicle; it just means you failed a test forced upon you under pressure. Given the circumstances, many of us would succumb to the stress of a field sobriety test.

For a first offense, if you take and fail a Breathalyzer test, you lose your license for 90 days; if you refuse to submit to a test, you face a license suspension of 180 days.  If you are convicted of a first offense, you face stiff penalties including jail or probation time, fines, and costly alcohol education classes.

If you are either under 21 or have already been convicted of an OUI and refuse the test, you face losing your license for a whole year.  However, if you have an experienced OUI attorney, it is sometimes possible to get a hardship license, which allows you to drive to and from school or work 12 hours a day during your trial.  Although your refusal to take a Breathalyzer might result in a longer license suspension, in Massachusetts, the fact that you refused the test cannot be used against you in court.

You do not have to accept a conviction or offer of a plea bargain.  An experienced OUI lawyer can challenge the prosecutor’s evidence and could have the charge reduced or dropped.