Don’t Plead Guilty

As a Boston criminal lawyer, we are more than familiar with arraignments, pre-trial conferences, Clerk’s Hearings, compliance and election, motions, trials and pleas.

Practically each day, I am in a District or Superior Court in Massachusetts representing clients, like you, charged with all sorts of crimes.

Too many defendants plead guilty!

At the same time, I see many defendants who come into court by themselves, without an attorney, and decide to plea guilty. Why? Because they know in their hearts that they committed the crime for which they have been accused no matter if he’s accused with assault and battery and feel they have no other alternative.

They also know that the evidence is overwhelming against them. Perhaps they were pressured into speaking to the police and made certain admissions. Certainly, they believe, if the case went to trial, there is a strong likelihood that they would be convicted. Or, they don’t have the time, the money, the babysitters or the transportation to keep coming back to court. Or, they are afraid that if they don’t plead guilty and come to a quick resolution, they will receive a hefty fine, or worse yet, go to jail.

Practically each day, I am in a District or Superior Court in Massachusetts representing clients, like you, charged with all sorts of crimes.

Too many defendants plead guilty!

At the same time, I see many defendants who come into court by themselves, without an attorney, and decide to plea guilty. Why? Because they know in their hearts that they committed the crime for which they have been accused no matter if he’s accused with assault and battery and feel they have no other alternative. They also know that the evidence is overwhelming against them. Perhaps they were pressured into speaking to the police and made certain admissions. Certainly, they believe, if the case went to trial, there is a strong likelihood that they would be convicted. Or, they don’t have the time, the money, the babysitters or the transportation to keep coming back to court. Or, they are afraid that if they don’t plead guilty and come to a quick resolution, they will receive a hefty fine, or worse yet, go to jail.

Well, let me tell you, as a Boston criminal lawyer, in almost every case, pleading guilty early on is simply wrong!

There are many alternatives to pleading guilty.

Even if there were eyewitnesses, they could be mistaken. And, if you admitted guilt to the police, perhaps you were coerced or pressured. If so, a Boston criminal lawyer may be able to file a motion to suppress and exclude your admissions. And, if there was only your confession, and nothing more, Massachusetts case law may call for a required finding or directed verdict.

Also, even if the evidence is overwhelming, and the witnesses were right, and you did admit your guilt, the prosecutor and the judge may be willing to dismiss the case for court costs… or continue the case without a finding (CWOF), which is not a conviction…and will ultimately be dismissed, by law… Particularly if this was your first run-in with the law.

There are many consequences to a guilty plea.

Any one of these alternatives to pleading guilty may be enough to stop a non-citizen from being deported, or preventing you from being hired for a job, or getting housing, or receiving a student loan.

The long and short of it is that you should never run into court prepared to plead guilty even if you accused with DUI. There is too much at stake…including your hard earned money, your job, your citizenship, and your freedom. You owe it to yourself to plead not guilty…the court will even do it for you, as long as you don’t plead guilty.

Don’t plead guilty.

There are too many alternatives. Remember, even if you are guilty, even if you confessed, even if there are witnesses against you, the judge and the prosecutor may be willing to dismiss the case…or give you some type of diversion… so the charge does not even appear on your criminal record.

So listen to The Law Offices of Elliot Savitz & Scott Bradley and don’t be eager to plead guilty. Show the police report, the complaint, the search warrant, or any other court documents to a Boston criminal lawyer. Discuss your case with him/her before you make any decision. You owe it to your family…and above all, you owe it to yourself.