Best Criminal Litigation Lawyers in Massachusetts

About Criminal Litigation Law in Massachusetts, United States

Criminal litigation in Massachusetts involves the legal process by which individuals accused of committing crimes are prosecuted by the state. The purpose of criminal litigation is to determine whether an accused person is guilty or not guilty in accordance with state and federal laws. The process starts with an investigation, followed by the filing of charges, arraignment, pretrial hearings, trial, and potential sentencing if found guilty. Massachusetts follows its own set of statutes and court procedures for handling criminal cases, ensuring that every accused person is granted due process and other constitutional rights. Whether facing misdemeanor or felony charges, the stakes in criminal litigation are high, making legal representation crucial.

Why You May Need a Lawyer

Encountering the criminal justice system can be overwhelming and intimidating. People may need a criminal defense lawyer in Massachusetts for various reasons, including:

• Being arrested or charged with a crime such as theft, assault, drug offenses, or driving under the influence (OUI/DUI).
• Receiving a summons to appear in court for a criminal matter.
• Being investigated by law enforcement and needing protection of their rights during questioning.
• Facing probation violations or allegations of failing to comply with court orders.
• Expunging or sealing a criminal record to improve employment and housing opportunities.
• Navigating plea bargains or seeking reduced charges and lighter sentences.
• Wanting to challenge the legality of evidence obtained by police (for example, through an unlawful search).
• Moving for post-conviction relief, appeals, or seeking to overturn a conviction.

A criminal defense lawyer can provide guidance, negotiate with prosecutors, build an effective defense, and ensure that your rights are protected throughout the process.

Local Laws Overview

Massachusetts criminal law is governed primarily by the Massachusetts General Laws (MGL), specifically Chapters 263 through 280. Notable aspects of criminal litigation in Massachusetts include:

• Categories of Offenses: Crimes are categorized as felonies or misdemeanors based on their severity and potential penalties. Felonies are punishable by more than one year in state prison, while misdemeanors usually carry less severe sentences.
• Prosecutors: Cases are prosecuted by District Attorneys or the Attorney General, depending on the nature of the offense.
• Right to Counsel: Defendants have a right to legal representation. If they cannot afford a lawyer, the court will appoint one, usually through the Committee for Public Counsel Services (CPCS).
• Bail and Pretrial Release: Massachusetts follows its own rules for setting bail and releasing individuals before trial. Courts consider the risk of flight and danger to the community.
• Discovery and Evidence: Both sides are required to share evidence. There are strict rules about how evidence is collected and presented in court to protect constitutional rights.
• OUI/DUI Laws: Massachusetts has distinct laws and penalties related to operating under the influence of drugs or alcohol, including license suspension and mandatory education programs.
• Probation and Alternative Dispositions: Courts may impose probation, community service, or alternative sentencing in some cases, especially for first-time or nonviolent offenders.
• Appeals: Defendants have the right to appeal convictions and sentences within a specified timeframe.
• Expungement and Sealing: Some criminal records may be sealed or expunged under certain conditions to give individuals a fresh start.

Frequently Asked Questions

What happens after I am arrested in Massachusetts?

After arrest, you will be booked at a police station and brought before a judge for arraignment. At arraignment, the charges are read to you, bail may be set, and you are informed of your right to an attorney.

Do I need a lawyer if I am innocent?

Yes, even if you believe you are innocent, having a lawyer is important to protect your rights, ensure a fair process, and help you present your side of the story effectively.

What is the difference between a felony and a misdemeanor in Massachusetts?

A felony is a more serious crime, typically punishable by more than one year in state prison. A misdemeanor is a less serious offense, usually punished by up to one year in a local jail or correctional facility.

Can I get my criminal record sealed or expunged?

Massachusetts allows for certain criminal records to be sealed or expunged, depending on the offense and how much time has passed. An attorney can advise you about your eligibility.

What should I do if I am being investigated but have not been charged?

You should contact a criminal defense attorney immediately. Anything you say to law enforcement can be used against you, and an attorney can guide you on how to proceed.

How is bail determined in Massachusetts?

Bail is set by a judge based on factors such as the severity of the offense, your criminal history, ties to the community, and risk of flight or reoffending.

What penalties am I facing for an OUI or DUI in Massachusetts?

Penalties for operating under the influence can include fines, jail time, license suspension, and mandatory completion of alcohol education programs. Penalties increase with repeat offenses.

What are my rights during police questioning?

You have the right to remain silent and the right to an attorney. You should not answer questions without a lawyer present.

How long does a criminal case take in Massachusetts?

The duration varies depending on the complexity of the case, the severity of the charges, and court schedules. Some cases resolve in weeks, while others may take months or longer.

Can I appeal a conviction in Massachusetts?

Yes, you have the right to appeal a conviction or sentence. Appeals are subject to specific procedures and deadlines, so prompt action and legal advice are important.

Additional Resources

There are many organizations and resources in Massachusetts that can assist individuals involved in criminal litigation:

• Committee for Public Counsel Services (CPCS): Provides legal representation to those unable to afford a lawyer in criminal cases.
• Massachusetts Trial Court Law Libraries: Offers public access to laws, legal forms, and self-help materials.
• District Attorney's Offices: Handle the prosecution of crimes and provide information about the justice process.
• Probation Service: Assists with probationary matters and compliance with court orders.
• Massachusetts Bar Association: Provides lawyer referral services, educational resources, and public programs.
• Victim Witness Assistance Programs: Support victims and witnesses of criminal activity through guidance and advocacy.

Next Steps

If you are facing criminal charges or are the subject of a criminal investigation in Massachusetts, it is important to act quickly to protect your legal rights. Here are some steps to consider:

• Contact a qualified criminal defense attorney who is experienced in Massachusetts law for a confidential consultation.
• Do not discuss your case with law enforcement or anyone else without your lawyer present.
• Gather any documents, evidence, or information related to your case and share them with your attorney.
• Follow all court orders, appear at scheduled hearings, and stay in communication with your legal counsel.
• If you cannot afford a private attorney, request court-appointed representation through the court or CPCS.

The criminal justice process can be daunting, but you do not have to face it alone. Obtaining experienced legal representation dramatically increases your ability to navigate the system and achieve the most favorable outcome possible.