Massachusetts criminal defense Attorney Blog
Aggressive Defense of All Criminal Matters
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Will I Have A Record If My Case Was Continued Without A Finding?

Not a week goes by where someone doesn’t call me to ask about the significance of a continuance without a finding. The typical question is “will I have a record if my case was continued without a finding?” The answer to this is case specific. If someone tells you that a continuance without a finding (CWOF) means that you have no criminal record you have been given bad advice. CWOFs serve a purpose that can in some instances be very beneficial. Other times however the impact of a CWOF can be devastating. This post examines certain aspects of a criminal case disposition through a CWOF. Continue reading →

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Defending An Indecent Assault and Battery

The mere words “indecent assault and battery” are troubling to anyone reads about this crime. The general title of the offense suggests that a serious sex crime has occurred. The prosecution can prove an indecent assault and battery anytime the accused touches someone on a portion of the anatomy understood to be private. Kissing someone on the mouth can in some circumstances satisfy the prosecution’s burden of proof. This at times makes defending an indecent assault and battery a difficult task. This post examines some things to consider when defending someone against these charges. Continue reading →

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How Can I Get a Larceny Case Dismissed?

Larceny cases fall into two general categories in Massachusetts. Larceny under two hundred fifty dollars is a misdemeanor. Larceny over two hundred fifty dollars is a felony. The former is punishable by up to one year in the county house of corrections and the latter by up to five years in state prison. The felony version of larceny is often charged in district courts in Massachusetts meaning that the prosecution is not seeking a state prison sentence. When larceny cases involve disputes over money the person accused is often surprised at how the matter can be charged criminally. In this situation people call will me and ask “how can I get a larceny case dismissed?”.  This article examines one of these cases. Continue reading →

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Selling Heroin

During the course of an unrelated investigation police in Methuen, Massachusetts saw Jose Quesada get into a car bearing New Hampshire license plates. The officers followed the car and learned that the driver, a Salem man had a suspended license. The officers made an inquiry and found the driver in possession of heroin. He was charged with heroin possession and a motor vehicle crime. Meanwhile, the man admitted that he purchased the drugs from Quesada. Quesada was arrested and charged with selling heroin and possession of heroin. The case in pending in the Lawrence District Court. Continue reading →

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What Should I Expect From My Criminal Defense Lawyer?

People who have had more than one experience with the Massachusetts criminal justice system probably have certain expectations stemming from their prior cases. Some of these experiences were good, and others not so good. Yet second time around you know what you want in your lawyer and you make sure that you get it. However, for many if not most people getting charged with a crime is a once in a lifetime occurrence. Your liberty and perhaps your life is at stake so you want to make sure that your selection of a criminal defense lawyer is the right one. Whether the charge against you is a simply motor vehicle crime or a major felony like a rape you need to know what your lawyer should be doing for you. This post will hopefully help you with that decision and answer the question “what should I expect from my criminal defense lawyer?”. Continue reading →

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Is It a Good Idea to Testify at my Criminal Trial?

There is an inherent desire for anyone accused of committing a crime to defend himself by telling his own “story”. Innocent people charged with a crime want everyone to hear that they did not do it and they want those words to come out of their own mouth. People charged with crimes that exceed what they actually did want to explain to everyone what “really” happened. When preparing a criminal case most of my clients ask me “Is it a good idea to testify at my criminal trial?”. The answer varies from case to case. This post examines some of the thoughts criminal defense lawyers have on this subject. Continue reading →

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Will I Go To Jail For Selling Marijuana?

Since marijuana possession of up to an ounce was decriminalized in Massachusetts more and more people have been taking liberties with their use and distribution of the drug. There is a false sense of security that prevails among young people in particular that using and distributing marijuana is legal. People hide under the “protection” of medical marijuana cards. They openly and publicly smoke the drug. And yes, many people have created small businesses where they sell pot for profit or simply to pay for their personal supply. So it is not surprising that marijuana sales prosecutions are becoming more common these days. The defendants are mostly young kids, ages eighteen to thirty. When they get caught and face charges the first thing they ask me is “will I go to jail for selling marijuana?”. This post answers this question. Continue reading →

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How Long Will It Be Before My Criminal Case is Over

Having a pending criminal case in Massachusetts can be a very unsettling experience. You might not be able to sleep. You could have trouble concentrating at work. Your social life might be impacted. Most people simply can’t control the constant worrying. Consequently, I am often asked “how long will it be before my criminal case is over?”. The answer varies depending on your particular case. This article examines factors that may expedite or delay the process of resolving criminal cases. Continue reading →

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Default On Probation

Being on probation is in some instances worse than having an open case. You will likely have obligations to the probation department that have been ordered by the Court. You might have to pay monthly fees. You may have to make restitution payments on a regular basis. You could be obligated to report weekly, monthly or even daily. Drug testing or psychological evaluations are possibilities. You might have to abstain from otherwise legal activities as a condition of probation. If you do not comply with the court ordered conditions your probation officer can issue a probation violation notice requiring you to go to court and explain why you have failed to honor your probation obligations. If you then fail to appear in court a warrant will issue. If you are in default on probation and there is an outstanding warrant there are some things you can do to help yourself. Continue reading →

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Bail concept.

Default Warrants and Bail Hearings in Massachusetts

If you fail to appear in court when scheduled to do so you will be defaulted. This may or may not be your fault but regardless you can assume that if you are in default an arrest warrant has issued. So naturally, when you finally do appear in court you can expect that the issue of bail will arise and you will have to convince a judge to release you or to set an affordable, modest bail. Default warrants and bail hearings in Massachusetts go hand in hand. This article looks at some issues associated with both and how you can help yourself when you are in default on a criminal case. Continue reading →