Frequently Asked Questions
If you are looking for a criminal attorney or have questions about potential charges, view some of our most frequently asked questions below. Looking for more information, the attorneys at The Law Offices of Elliot Savitz & Scott Bradley will gladly assist you with additional questions and listen to your circumstances.
At NO COST TO YOU, we will quickly assess your situation and let you know whether you need a criminal defense attorney or not. We will then explain all of your options, discuss the likely consequences and explain how we can help you get the best result possible.
- All
- Assault or Battery
- Court Processes and Procedures
- DUI or Suspended License
- Legal Advice
- Legal Representation
- Personal Protection Order
- Suspension or Expulsion
- Warrants
Facing a license suspension after a DUI charge can be daunting and disruptive. Losing your driving privileges can impact your daily life, job, and overall freedom. However, there are steps you can take to address the suspension and work toward getting your license reinstated. Here’s what you should do if your license is suspended after a DUI charge in Massachusetts.
1. Understand the Reason for Suspension
First, understand why your license was suspended. In Massachusetts, a DUI (Driving Under the Influence) can lead to license suspension for several reasons, including:
- Refusal to take a breathalyzer or other chemical test (implied consent law)
- Failing a breathalyzer test
- A DUI conviction
Each scenario has different implications and procedures for addressing the suspension.
2. Request a Hearing
You have the right to request a hearing with the Massachusetts Registry of Motor Vehicles (RMV) to contest the suspension. The hearing process depends on the type of suspension:
- Chemical Test Refusal: You must request a hearing within 15 days of the suspension notice.
- Chemical Test Failure: A hearing request must be made promptly after receiving the suspension notice.
At the hearing, you can present your case and any evidence that may support the reinstatement of your driving privileges.
3. Hire an Experienced DUI Attorney
Navigating the complexities of DUI laws and license suspension procedures can be challenging. An experienced DUI attorney can:
- Help you understand your rights and options
- Represent you at RMV hearings
- Build a strong defense for your case
- Negotiate for reduced penalties or alternative sentencing options
The Law Offices of Elliot Savitz & Scott Bradley can provide expert legal assistance. Call us at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION.
4. Explore Eligibility for a Hardship License
If your license suspension creates significant hardship, such as difficulty getting to work or medical appointments, you may be eligible for a hardship license. This type of license allows limited driving privileges under specific conditions. To qualify, you typically need to:
- Complete a portion of your suspension period
- Enroll in an alcohol education program
- Provide proof of hardship (e.g., employment or medical needs)
Your attorney can help you determine if you qualify and assist with the application process.
5. Complete Required Programs
Massachusetts often requires drivers convicted of DUI to complete alcohol education or treatment programs. These programs are designed to address substance abuse issues and promote safe driving behavior. Completing these programs is usually a prerequisite for license reinstatement.
6. Pay Fines and Fees
License reinstatement often involves paying various fines and fees. Ensure that all financial obligations related to your DUI charge and suspension are met. Keeping track of these payments and retaining receipts is important for your records.
7. Follow All Court and RMV Orders
Compliance with all court and RMV orders is crucial. This includes attending court dates, completing any ordered community service, and adhering to any probation terms. Failure to comply can result in further penalties and delays in reinstating your license.
8. Prepare for the Reinstatement Process
When you have met all the requirements for reinstatement, you must apply to the RMV to get your license back. This process typically involves:
- Submitting proof of completed programs
- Paying any remaining fees
- Providing documentation of your eligibility
Conclusion
A license suspension after a DUI charge in Massachusetts can significantly impact your life, but taking proactive steps can help you regain your driving privileges. Understanding the reason for your suspension, requesting a hearing, hiring an experienced attorney, and following all required steps are crucial to navigating this challenging situation.
For personalized legal advice and representation, contact The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you through every step of the process and work towards the best possible outcome for your case.
Being accused of assault in Massachusetts is a serious matter that can have significant legal and personal repercussions. How you respond in the immediate aftermath can greatly impact the outcome of your case. Here are crucial steps to take if you find yourself accused of assault.
- Stay Calm and Composed – Your initial reaction can influence how authorities perceive you. It’s important to remain calm and composed, avoiding any aggressive or defensive behavior. Composure can help you think clearly and make better decisions.
- Do Not Admit Guilt or Make Statements – It’s essential to avoid making any statements to the police or anyone else about the incident without legal counsel present. Anything you say can be used against you in court. Politely inform the authorities that you wish to speak with an attorney before discussing the case.
- Contact a Criminal Defense Attorney Immediately – One of the most critical steps you can take is to contact an experienced criminal defense attorney. An attorney can provide you with legal advice, protect your rights, and begin building a defense strategy. Reach out to The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION.
- Document the Incident
- As soon as possible, write down everything you remember about the incident. Include details such as:
- The events leading up to the altercation
- The actions and words of all parties involved
- The location and time of the incident
- Any witnesses who were present
- This information can be invaluable to your attorney as they prepare your defense.
- Preserve Evidence – If you have any physical evidence related to the incident, such as clothing, photographs, or video recordings, make sure to preserve it. Do not alter or discard any potential evidence, as it could be crucial to your defense.
- Identify and Contact Witnesses – Witnesses can provide important testimony that supports your version of events. Identify anyone who may have seen the incident and ask for their contact information. Share this information with your attorney, who can follow up and obtain formal statements.
- Avoid Contact with the Alleged Victim – While it may be tempting to explain your side of the story or resolve the matter personally, it’s important to avoid any contact with the alleged victim. Communication can be misinterpreted and used against you in court. Let your attorney handle all interactions related to the case.
- Follow Legal Advice and Court Orders – If you are given a court date or any legal orders, such as a no-contact order, make sure to comply fully. Failure to follow legal instructions can result in additional charges and complications in your case.
- Prepare for Court Appearances – Your attorney will guide you through the court process, but it’s important to be prepared. Dress appropriately, arrive on time, and follow courtroom etiquette. Demonstrating respect for the legal process can positively influence how you are perceived by the judge and jury.
- Stay Informed and Involved – Stay in regular contact with your attorney and stay informed about the progress of your case. Your active involvement and cooperation are essential to achieving the best possible outcome.
Conclusion
Being accused of assault in Massachusetts is a serious and stressful situation, but taking the right steps immediately can make a significant difference. By staying calm, seeking legal representation, and following the advice of your attorney, you can protect your rights and build a strong defense.
If you or a loved one has been accused of assault, contact The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you navigate this challenging time and ensure the best possible outcome for your case.
In Massachusetts, self-defense is a recognized legal justification for committing an act that would otherwise be considered assault. However, to successfully claim self-defense, certain conditions must be met. Understanding these requirements is crucial for anyone involved in an assault case where self-defense is asserted.
Legal Definition of Self-Defense in Massachusetts
Self-defense in Massachusetts is defined as the use of reasonable force to protect oneself from imminent harm or injury. The law allows individuals to defend themselves, but the force used must be proportional to the threat faced.
Key Elements of Self-Defense
- Imminent Threat: The defendant must have believed that they were in immediate danger of being harmed. This belief must be reasonable, meaning that a typical person in the same situation would also perceive a threat.
- Proportional Force: The force used in self-defense must be proportionate to the threat. If the attacker uses non-lethal force, responding with deadly force would generally not be considered reasonable.
- Duty to Retreat: In Massachusetts, there is a duty to retreat if it is safe to do so. This means that if you can avoid the confrontation without using force, you are legally required to take that route. However, this duty does not apply if you are in your own home (known as the “Castle Doctrine”).
- Initial Aggressor: If the defendant was the initial aggressor in the conflict, claiming self-defense becomes more complicated. The aggressor must clearly withdraw from the confrontation and communicate this withdrawal to the other party before being able to claim self-defense.
Applying Self-Defense in Court
When asserting self-defense in an assault case, the defendant must present evidence supporting their claim. This can include witness testimony, physical evidence, and any other relevant information that demonstrates the reasonable belief of imminent danger and the proportionality of the response.
The prosecution, on the other hand, will attempt to disprove the self-defense claim by showing that the defendant was not in imminent danger, that the force used was excessive, or that the defendant had the opportunity to retreat safely but did not.
Importance of Legal Representation
Successfully claiming self-defense in Massachusetts requires a thorough understanding of the law and the ability to present a compelling case. An experienced criminal defense attorney can help gather evidence, find witnesses, and build a strong defense strategy. They can also navigate the complexities of the legal system, ensuring that your rights are protected throughout the process.
Conclusion
Self-defense is a legitimate defense in assault cases in Massachusetts, but it comes with specific requirements and limitations. Understanding these legal nuances is essential for anyone facing assault charges and considering a self-defense claim. If you find yourself in such a situation, contacting a knowledgeable attorney is crucial to effectively present your case and protect your future.
For a FREE CONFIDENTIAL LEGAL CONSULTATION, contact The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429. We are here to help you navigate your legal challenges and ensure the best possible outcome.
Tips on Fighting a DUI Charge in Massachusetts
What should I do immediately after being charged with a DUI in Massachusetts?
- Stay Calm: Keep your composure during the traffic stop and subsequent arrest.
- Document Everything: Write down every detail you remember about the incident, from the moment you were pulled over to the arrest.
- Consult a Lawyer: Contact an experienced DUI attorney as soon as possible for legal guidance.
How can a DUI attorney help me?
A skilled DUI attorney can:
- Analyze the details of your arrest and identify any procedural errors.
- Challenge the legality of the traffic stop.
- Question the accuracy and administration of sobriety tests and breathalyzer results.
- Negotiate for reduced charges or alternative sentencing options.
What are common defenses against a DUI charge?
- Improper Traffic Stop: Arguing that the officer lacked reasonable suspicion to stop your vehicle.
- Faulty Sobriety Tests: Challenging the reliability and administration of field sobriety tests.
- Inaccurate Breathalyzer Results: Questioning the calibration and maintenance of the breathalyzer device.
- Medical Conditions: Demonstrating that certain medical conditions affected the results of sobriety tests.
Can I refuse a breathalyzer or field sobriety test in Massachusetts?
Yes, you can refuse these tests. However, refusal can result in an automatic license suspension under Massachusetts’ implied consent laws. It’s important to weigh this decision carefully and consult with an attorney about the implications.
What should I do if my license is suspended after a DUI charge?
- Request a Hearing: You have the right to request a hearing with the Massachusetts Registry of Motor Vehicles (RMV) to contest the suspension.
- Hardship License: Explore the possibility of obtaining a hardship license, which allows limited driving privileges under certain conditions.
What penalties am I facing for a DUI conviction in Massachusetts?
Penalties vary based on the specifics of the case and prior offenses, but they may include:
- Fines
- License suspension
- Mandatory alcohol education programs
- Community service
- Jail time for repeat offenders
How important is it to attend all court dates and mandatory programs?
Very important. Failing to attend court dates or mandated programs can result in additional penalties, including arrest warrants and further suspension of your driving privileges.
Can I negotiate a plea bargain for a DUI charge?
Yes, an experienced DUI attorney can negotiate with the prosecution to potentially reduce your charges or penalties. This might involve pleading guilty to a lesser offense in exchange for a lighter sentence.
What should I look for in a DUI attorney?
- Experience: Look for an attorney with a strong background in DUI cases.
- Track Record: Check their success rate in defending DUI charges.
- Client Reviews: Read testimonials from past clients.
- Communication: Choose an attorney who communicates clearly and keeps you informed throughout the process.
How can I contact your office for a consultation?
You can reach The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you navigate your DUI charge and protect your rights.
A Personal Protection Order (PPO) is a court order designed to protect individuals from harassment, abuse, or threats. It limits the actions of someone who poses a danger to the petitioner. Anyone experiencing abuse, harassment, or threats in Massachusetts can file for a PPO. This includes individuals in domestic relationships, such as spouses, partners, or family members, as well as those facing harassment from acquaintances or strangers.
How Do You File for a PPO?
To file for a PPO, the petitioner must go to the local courthouse and complete a complaint form. The form requires detailed information about the incidents of abuse or harassment, the respondent’s information, and any existing relationship between the parties.
After filing the complaint, the petitioner will have a hearing before a judge, usually on the same day. The judge will review the evidence and decide whether to issue a temporary PPO. If granted, the temporary order will provide immediate protection until a full hearing can be held.
A full hearing is scheduled within 10 days of the temporary PPO being issued. Both the petitioner and the respondent have the opportunity to present evidence and testify. The judge will then determine if a permanent PPO is warranted, which can last for up to one year and may be extended.
What Can a PPO Include?
A PPO can include provisions such as no-contact orders, orders to vacate a shared residence, and prohibitions on the respondent from coming near the petitioner’s home, workplace, or school. It can also include temporary custody arrangements for children.
Can the Terms of a PPO Be Changed?
Yes, either party can request changes to the PPO by filing a motion with the court. A judge will review the motion and may schedule a hearing to consider the requested changes.
Do I Need a Lawyer to File for a PPO?
While it is not mandatory to have a lawyer, having legal representation can be beneficial in navigating the process and ensuring that your rights are protected. Legal aid organizations can also provide assistance for those who cannot afford an attorney.
Perhaps you are in college or high school, and the school is threatening you with a suspension, or even worse, an expulsion. These disciplinary actions can have far-reaching consequences beyond the immediate punishment. Not only may the suspension or expulsion appear on your school record, but you may also face significant challenges in enrolling in another school or continuing your education. Here’s what you need to know and why seeking legal advice is crucial.
The Impact of Suspension or Expulsion
- Academic Record: A suspension or expulsion can permanently mark your academic record, potentially affecting your future educational and career opportunities.
- Enrollment Challenges: Many schools, colleges, and universities require disclosure of past disciplinary actions during the application process. A record of suspension or expulsion can hinder your chances of being accepted into another institution.
- Financial Aid: Disciplinary actions can also affect your eligibility for financial aid, scholarships, and grants, making it more difficult to afford continuing education.
Common Scenarios Leading to Suspension or Expulsion
- Arguments and Physical Altercations: You might have had a minor argument with a roommate or friend that escalated into pushing or shoving. Even if no one was seriously hurt, schools often have strict policies against physical altercations.
- Possession of Prohibited Substances: Perhaps you were caught with a small amount of marijuana or other prohibited substances. Even if there are no criminal charges, many schools have zero-tolerance policies that can lead to severe disciplinary actions.
- Misunderstandings and False Accusations: Sometimes, misunderstandings or false accusations can lead to disciplinary actions. It’s crucial to present your side of the story effectively to avoid unjust punishment.
The Consequences
Even if there are no criminal charges, the consequences of suspension or expulsion can be devastating:
- Loss of Education: Being barred from school means missing out on valuable education and falling behind your peers.
- Social Stigma: Suspension or expulsion can carry a social stigma that affects your relationships and standing within your community.
- Future Limitations: Your future opportunities for education and employment can be severely limited by a disciplinary record.
What Should You Do?
If you find yourself facing the possibility of suspension or expulsion, it’s essential to act quickly and seek legal advice. Here’s why:
- Understanding Your Rights: A legal expert can help you understand your rights and the school’s obligations under the law. Schools must follow specific procedures before imposing disciplinary actions, and any deviation from these procedures can be challenged.
- Building a Defense: An attorney can help gather evidence, identify witnesses, and build a strong defense to present at your hearing. This can include challenging the school’s evidence and presenting mitigating factors.
- Negotiating Outcomes: Sometimes, it may be possible to negotiate a lesser penalty or alternative disciplinary action that has less severe consequences for your future.
- Ensuring Fair Treatment: Legal representation ensures that you are treated fairly and that your voice is heard during the disciplinary process. An attorney can advocate on your behalf and ensure that the school follows due process.
Facing suspension or expulsion can be a daunting and stressful experience, but you don’t have to navigate it alone. The consequences of disciplinary actions can be severe, affecting your education and future opportunities. If you’re unsure of what to do, seeking legal advice is a critical first step. Contacting a knowledgeable attorney can help you understand your rights, build a defense, and ensure the best possible outcome for your situation.
» Learn more on School Suspension, Expulsion & Academic Probation
Yes, generally speaking, if you can afford a lawyer, it is highly advisable to have legal representation throughout your criminal case. Here’s why having a lawyer is crucial at each stage of the process:
Why Should I Hire a Lawyer?
- Protection of Rights: A lawyer ensures that your constitutional rights are protected throughout the legal process. They can prevent you from making inadvertent mistakes that could harm your case.
- Expert Navigation of the Legal System: The legal system is complex and can be difficult to navigate without professional guidance. A lawyer understands the procedures, paperwork, and legal standards required at each step of your case.
- Strategic Defense: An experienced attorney can build a strong defense strategy tailored to the specifics of your case. They can identify weaknesses in the prosecution’s case, gather favorable evidence, and present arguments that may lead to reduced charges or even dismissal.
Specific Stages Where a Lawyer is Essential
- Clerk’s Hearings: During a clerk’s hearing (Show Cause Hearing), a lawyer can argue on your behalf to prevent a formal complaint from being issued. This can stop a criminal case from proceeding, thereby avoiding the charges appearing on your record.
- Arraignments: At your arraignment, your lawyer will ensure that you understand the charges against you and enter the appropriate plea. They can also argue for favorable bail conditions or release terms.
- Pre-Trial Conferences: A lawyer can negotiate with the prosecution during pre-trial conferences to reach a plea deal or discuss the possibility of dismissing the charges. They can also work on gathering evidence and preparing your defense.
- Motions: Filing and arguing motions is a critical aspect of pre-trial defense. Motions to suppress evidence, dismiss charges, or other pre-trial motions can significantly affect the outcome of your case. A lawyer knows how to craft and argue these motions effectively.
- Probation Surrenders: If you are facing a probation surrender, a lawyer can argue on your behalf to maintain your probation status and avoid further penalties. They can present mitigating factors and argue against the alleged violations.
How Can a Lawyer Improve Your Outcome?
- Knowledge of the Law: Attorneys are trained to understand and interpret the law, which allows them to identify any legal errors or violations in your case.
- Negotiation Skills: Lawyers are skilled negotiators who can work with prosecutors to reduce charges or secure a more lenient sentence.
- Courtroom Experience: An experienced lawyer knows how to present your case in court, question witnesses effectively, and make persuasive arguments to the judge and jury.
Contact Us for Legal Assistance
If you or someone you know is facing criminal charges, it’s crucial to seek legal representation immediately. At The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof, our attorneys are dedicated to protecting your rights and achieving the best possible outcome for your case.
Contact us today for a FREE CONFIDENTIAL LEGAL CONSULTATION at (781) 974-3429. Let our experienced team guide you through this challenging time and provide the legal support you need.
Having a lawyer can make a significant difference in the outcome of your case. Don’t leave your future to chance—get the professional legal assistance you deserve.
Is it the case that you forgot to make a payment on your car insurance and now your insurance and registration have been cancelled? You are stopped by the police and could be charged with driving uninsured or unregistered. Your car is being towed, and you are left standing on the side of the road. You have never been in trouble with the law and can’t afford to have a criminal record. On top of that, there’s the potential for you to lose your job, and you just don’t know what to do. You need legal advice.
In all of these cases, and in thousands more, you are panicked and just don’t know where to start. Well, the best place to start is to call The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof, at (781) 974-3429. At NO COST TO YOU, we will quickly assess your situation, explain the likely consequences, and describe how we can help you.
Let our highly respected criminal defense attorneys put your mind at ease.
What is Larceny by Check?
Larceny by check is a criminal offense in Massachusetts that occurs when someone writes a check knowing there are insufficient funds in their account to cover it. This can result in serious legal consequences if not addressed promptly.
How does Larceny by Check happen?
Common scenarios include:
- Writing a personal check for merchandise or services without realizing your account has insufficient funds.
- Depositing a check that later bounces, leading to a negative balance.
- Unexpected service charges that cause your account to go negative.
- Believing you would have sufficient funds to cover the check but an emergency arises preventing the deposit.
What should I do if I am accused of Larceny by Check?
If you find yourself accused of larceny by check, it is crucial to take the following steps:
- Do Not Ignore the Situation: Address the issue immediately to prevent further complications.
- Contact the Store or Merchant: Sometimes, resolving the payment directly with the store or merchant can prevent them from pursuing legal action.
- Seek Legal Advice: Contact an experienced criminal defense attorney to discuss your case and explore your options.
What are the potential consequences of Larceny by Check?
Larceny by check is considered a theft crime and can result in:
- Criminal charges
- Fines
- Restitution payments
- Possible jail time
- A permanent criminal record, which can affect future employment and other opportunities
Can an attorney help me with a Larceny by Check charge?
Yes, an experienced attorney can provide valuable assistance by:
- Reviewing the specifics of your case to determine the best defense strategy.
- Negotiating with the store or merchant to settle the matter out of court.
- Representing you in court if necessary to ensure your rights are protected and to strive for the best possible outcome.
What defenses are available for Larceny by Check?
Several defenses might be applicable, including:
- Lack of intent: Demonstrating that you did not knowingly write a bad check.
- Mistake or error: Proving that an honest mistake led to the insufficient funds.
- Repayment: Showing that you have since made good on the payment.
Why is it important to act quickly?
The longer you wait, the more complicated and severe the situation can become. Prompt action can help mitigate potential consequences and demonstrate your willingness to resolve the matter.
How can I learn more or get help?
For more information on larceny by check and to get legal assistance, contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. Our experienced attorneys are here to help you navigate the legal process and protect your rights.
Don’t let a mistake lead to a criminal record. Get the legal help you need to address a larceny by check charge and secure your future.
Finding yourself the subject of a restraining order can be a stressful and confusing experience, especially if you believe the allegations are false. It is crucial to comply with the order and seek immediate legal advice to protect your rights and prevent any further legal issues.
Common Situations Leading to a Restraining Order
- Relationship Breakdown: Your spouse or partner may seek a restraining order to remove you from the picture if they have found someone else.
- Immigration Issues: A non-American spouse may file a restraining order to remain in the country without you.
- Domestic Disputes: A new partner with children may fabricate stories of abuse to force you out of your home.
What Are the Consequences of a Restraining Order?
- Probation Record: The restraining order will appear on your probation record.
- Legal Restrictions: You will have to comply with certain restrictions, such as no-contact orders and possibly vacating your residence.
- Potential Criminal Charges: If you violate the restraining order in any way, the person who obtained it can file criminal charges against you for violation of an abuse order, which can result in jail time.
What Should I Do if a Restraining Order is Filed Against Me?
- Stay Calm: Panicking can lead to poor decisions. Remain composed and assess the situation.
- Do Not Violate the Order: Even if you believe the restraining order is unjust, comply with all its terms to avoid criminal charges.
- Seek Legal Advice: Contact an experienced attorney immediately to discuss your options and build a defense. Legal counsel can help you understand your rights and navigate the legal process.
Sometimes you or a loved one may get in trouble with the law. You don’t know what to do. Perhaps you are not being charged with a new crime, but you find that you have an outstanding warrant from a case many years ago. You may not even remember what the case was about, or you could have thought it was resolved. Perhaps you didn’t pay some outstanding fine or restitution or probation fee. The only thing you know for sure is that you cannot renew your license or you are about to lose your social security benefits. What do you do? The answer is simple: get legal advice.
A misdemeanor is usually handled in District Court. The maximum penalty cannot exceed 2 ½ years in a house of correction. A felony can carry more than 2 ½ years and can be served in state prison. Examples of misdemeanors are: assault & battery, driving on a suspended license, oui, trespass, disturbing the peace, and indecent exposure. Examples of felonies are: assault & battery with a dangerous weapon, rape, robbery, and murder.
No. There must be a reasonable suspicion that you committed a crime or you are under arrest, or an inventory search is being carried out prior to a car being towed to allow a police officer search. If the search is illegal, any evidence may be suppressed. However, you could still be convicted on other evidence.
No. If you are in custody and answer an officer’s questions without being read your Miranda rights or told you have a right to an attorney or to be silent, then any incriminating statements you make might be suppressed, which means those statements cannot be used against you at trial. However, you can still be convicted on other evidence.
» Contact us today to review a violation of your Miranda Rights
Depending on the charge, some sentences are mandatory (e.g., oui 3rd, driving while your license is suspended because of an oui, and certain gun charges), but most are not.
At an arraignment, first, you will be interviewed by an officer of the court to determine if you are indigent (you cannot afford a lawyer). Then, you will appear in court, where you will be arraigned (or formally charged) by the court. You will be prosecuted by a police prosecutor or an ADA (Assistant District Attorney). If the ADA wants bail, your lawyer will generally argue against it. You will then be given a date for a (PTC) pre-trial conference, at which time the ADA and your lawyer (unless you waive your right to a lawyer) will discuss discovery of evidence. After your PTC, you will be given other dates for motions, compliance & election, and trial. At anytime, your lawyer and the ADA can work out a plea. Any plea must be approved by the judge.
If you are summoned for an arraignment, contact us immediately to represent you and protect your rights.
You are always entitled to a lawyer in court and you can hire your own lawyer. However, if you could go to jail on your charge(s) and you are indigent (you cannot afford a lawyer), the court will appoint a lawyer for you for $150 to $300.
At a Clerk’s Hearing, a clerk, who is not a judge and generally not a lawyer, will decide if there is probable cause that you committed a crime. If so, he/she can issue a complaint. In that case, you will appear (sometime in the future, not then) before a judge and be arraigned on the charge(s). However, just because the clerk finds probable cause, he/she does not have to issue a complaint. If you have a lawyer, he/she will do most (or all) of the talking and help ensure that a complaint does not issue.
If the charge is a misdemeanor and you have not been arrested, you are entitled to a Clerk’s Hearing. If you are not given this opportunity, your lawyer can ask that the case be dismissed. Sometimes, you will still be offered a hearing even though the charge is a felony.
What is District Court?
District Court in Massachusetts handles a wide range of cases, including:
- Misdemeanors
- Felonies punishable by up to 2.5 years in the House of Correction
- Civil cases with claims up to $25,000
- Small claims cases
- Traffic violations
District Court is often the first stop for criminal cases, where initial hearings and arraignments take place.
What is Superior Court?
Superior Court handles more serious criminal and civil cases, including:
- Felonies that carry potential state prison sentences
- Civil cases involving larger sums of money (over $25,000)
- Cases requiring equitable relief, such as injunctions
Superior Court has broader jurisdiction and deals with cases that demand more complex judicial processes.
When Does a Case Start in District Court?
All criminal cases initially begin in District Court. Here, the defendant undergoes the arraignment process, where charges are read, and pleas are entered. Preliminary hearings and bail determinations also occur in District Court.
Can a Case Move from District Court to Superior Court?
Yes, a case can move from District Court to Superior Court, typically for more serious offenses. This process involves the District Attorney presenting the case to a grand jury.
What is the Role of the Grand Jury?
The grand jury’s role is to determine whether there is enough evidence to indict the defendant and move the case to Superior Court. If the grand jury issues an indictment, the case will proceed in Superior Court for trial.
Why Do Some Cases Stay in District Court?
Cases remain in District Court if they involve less serious offenses or if the penalties fall within the jurisdiction of the District Court (i.e., punishable by up to 2.5 years in the House of Correction).
What are the Key Differences Between District Court and Superior Court?
- Jurisdiction:
- District Court: Handles misdemeanors, less serious felonies, and civil cases up to $25,000.
- Superior Court: Handles serious felonies and civil cases over $25,000.
- Case Complexity:
- District Court: Deals with simpler, less severe cases.
- Superior Court: Deals with more complex, severe cases requiring extensive legal proceedings.
- Initial Hearings:
- District Court: All criminal cases start here for initial proceedings.
- Superior Court: Cases move here after a grand jury indictment for more serious matters.
- Trial Length and Procedure:
- District Court: Shorter, less formal trials.
- Superior Court: Longer, more formal trials with comprehensive legal procedures.
Conclusion
Understanding the distinction between District Court and Superior Court in Massachusetts is crucial for navigating the legal system effectively. The seriousness of the offense typically determines which court will handle the case.
If you have legal questions or need representation, contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. Our experienced attorneys are here to help you through every step of the legal process.
Generally speaking, no, you should not plead guilty immediately. Even if you believe you are guilty, there are several reasons to explore your options with the help of a legal professional.
Why shouldn’t I plead guilty right away?
- Automatic Not Guilty Plea: The court will typically enter a not guilty plea on your behalf at the initial hearing.
- Potential Case Dismissal: In some cases, the court may dismiss the charges in exchange for court costs, especially if the offense is minor.
- Pre-Trial Probation: The prosecutor might offer pre-trial probation, allowing you to avoid a formal conviction.
- CWOF (Continuation Without a Finding): The court may offer a CWOF, which means the case is continued without a finding of guilt. This is not a conviction and can eventually be dismissed if you comply with certain conditions.
What is the burden of proof in a criminal case?
Regardless of whether you believe you are guilty, the burden is on the state to prove your guilt beyond a reasonable doubt. If the prosecution fails to meet this high standard, you should be found not guilty.
What are the benefits of consulting an attorney before pleading?
- Legal Advice: An attorney can provide you with expert legal advice tailored to your specific situation.
- Defense Strategy: A lawyer can help build a strong defense, potentially leading to reduced charges or dismissal.
- Negotiation: Legal representation increases your chances of negotiating a more favorable outcome, such as pre-trial probation or a CWOF.
What should I do next?
Contact an attorney at The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof for a free consultation. They can provide you with the guidance you need to make informed decisions and protect your rights.
How can I contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof?
Call us at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you navigate the legal system and achieve the best possible outcome for your case.
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