Understanding criminal law and the 2 types of crimes. If an individual is charged with a criminal offense, is prosecuted by the Office of the District Attorney for the County in which the crime occurred. There are two types of crimes.
A Felony is any crime whose punishment is death or imprisonment in a state correctional facility. These cases must be tried in the Superior Court Department of the Massachusetts Trial Court. They proceed by way of an indictment handed down by a Grand Jury.
A misdemeanor is any crime whose maximum punishment is a sentence of not more than two and half years in a County House of Correction. These cases can be tried in either the District Court Department of the Trial Court or the Superior Court Department of the Trial Court but are almost always tried in the District Court Department of the Trial Court. They proceed by way of a criminal complaint issued by the Clerk of the District Court Department.
Types of Trials
There are two types of Trials. Jury and Jury Waived or Bench Trial. A jury trial is one where the case is presented to six members of the community in a District Court Case and twelve members of the community in a Superior Court case. The verdict, guilty or not-guilty must be unanimous.
A Jury Waived Trial or Bench Trial is one in where the case is tried in front of a judge and he/she decides whether you are guilty or not guilty
If you choose not to go to trial than you enter a plea with the court and there several dispositions.
Guilty – You admit you committed the crime.
Continued Without a Finding (“CWOF”) – You all of the material facts contained in the police report are true and if believed by a fact finder it would lead to you be found guilty, you are not found guilty but placed on probation for a set period of time.
Pre-Trial Probation – You are placed on probation for set period of time and if you do not pick up any new charges and do what you are supposed to do the case is dismissed.
Many pleas and convictions have collateral consequences. These can include loss of a driver’s license, loss of a the right to carry a firearm, loss of your ability to work in certain professions.
Sealing Criminal Records
After a certain period of time certain criminal records can be sealed. Sealing a recording does eliminate them but does mean they are available to the general public. A sealed record will indict that the record has been sealed if anyone makes an inquiry.
“Dear Elliot, People are not immune to the ‘fortune’ in their life. The bright side is that someone is out there to save them. You are the person saving my fate. You represent ‘integrity and justice.’ You are the best lawyer on earth.”
“I wanted to thank you again. I’m at the end of my probation period. I could not have done it without you. You were such a great support. I just want to let you know I appreciated everything you did.”
“I cannot begin to tell you how much I’ve appreciated your most sincere guidance & support. This has been one of the most difficult years we’ve been through with our son. We could not have hoped for a more positive outcome.”
“Thank you for representing me in court. Everything worked out for the better. I have been attending all my AA meetings, consulting at Catholic Charities and meeting with my probation officer. I haven’t had a drink since the day I went to court and everything is great at home.”
“We were absolutely astonished and very grateful for how Elliot handled our son’s case and would highly recommend him to anyone who is in need of legal council!”
“Dear Elliot, Just a short note filled with heartfelt thanks for your help and support in my defense during my court appearance. I can’t begin to express how grateful I am knowing this foolish incident and its aftermath is finally over. Thank again, so very much.”
“Dear Mr Savitz, Thank you so much for all your hard work, as well as your persistence on my case. I really appreciate your sensitivity in dealing with me on this matter. I feel good about the outcome of my case and am grateful to you for resolving it quickly.”
“I really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”
“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”
ADDITIONAL LEGAL SERVICES
THERE IS NO CHARGE FOR YOUR INITIAL CONSULTATION.
Call (781) 974-3429 & Take the 1st Step to Developing a Winning Strategy.
If you are facing criminal charges, call The Law Offices of Elliot Savitz & Scott Bradley, at (781) 974-3429.
We are available 24/7 and can assess your criminal charges over the phone to quickly determine your best course of action. Then, our law office will represent you in court as we fight together against your charges.
ATTORNEY CLIENT PRIVILEGE protects your conversation, so you can be open and honest with Attorneys Savitz & Bradley whatever the charge or charges. We are genuinely committed to protecting your rights and will always act in your best interest.