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How Do I Choose a Criminal Defense Lawyer in Massachusetts

Over the past twenty-six years I have represented thousands of people who have been charged with crimes ranging from misdemeanor Motor Vehicle Crimes, like OUI to major felonies such Murder, Rape and Distribution of Child Pornography. The source of my clients has varied. Family and friends have sent me business. Years ago, just like all other professionals I was listed in the phone book and just by luck someone would call me. For a short period of time I had paid listings in local yellow page books. When I was younger I was on various lists for state agencies that would appoint lawyers paid by the state, counties or the federal government. Lawyers in Massachusetts, particularly those who do not practice criminal defense law might refer a case to me. Lawyers from out of state with whom I had cases either in Massachusetts or their jurisdiction often sent me business. Finally, in 2003 I started marketing through the Internet. Yet no matter what the source of this business potential clients had an abundance of questions and many of these questions were asked by a majority of prospective clients. These people had certain expectations of their lawyers, some realistic, others not so realistic. I realized that the decision to hire me would at least in part stem from my responses to these questions. Rather than hustle the business I simply answered the questions as honestly as I could and let the person then make his or her decision of who to hire. Reflecting on this I think it is valuable to share a few of these questions and what I believe are proper responses so that anyone reading this post can make a more informed decision about what to look for when seeking a Massachusetts Criminal Defense Lawyer.

1. If I pay you more money will I be more likely to get a better result?

The answer is absolutely not. Criminal Defense Attorneys in Massachusetts have different fee schedules. Most charge some sort of flat fee that varies depending on the lawyer and the crime. No matter what you are charged you should expect your lawyer to give your case his best effort and maximum attention. Steer clear of any lawyer telling you that paying more will get you a better result.

The proper response is that “my fee is my fee and no matter what I get paid I will give your case my best effort”.

2. Can you guarantee me that you can win my case?

Never. No lawyer can predict what a jury or a judge is going to do in a particular case. Experienced lawyers can tell you what usually happens in certain cases but they cannot predict or guarantee a result. Stay away from any lawyer who guarantees a win.

A proper answer to this question is that no one can make guarantees in this business but in situations similar to yours here is what typically happens.

3. Does knowing the district attorney or judge help?

There is no doubt that relationships in life can have value in certain instances. Any yes, some lawyers can get a better result in front of some judges than others or with some assistant district attorneys than others. But you shouldn’t be deceived by this. The judges in Massachusetts are often rotated from court to court or from session to session within a particular court. The same is true for assistant district attorneys. There is no guarantee that that judge or district attorney will be at all involved in your case. Moreover, ethically, the trend has been for judges to recuse themselves from cases where they feel too attached or “friendly” with one of the lawyers. Assistant district attorneys often need to adhere to certain office policies that prohibit them from treating friends with more favor. Moreover, any lawyer who tells you that he is “friends with the judge” or “friends with the district attorney” should not be trusted. Think about it. What kind of person would risk jeopardizing a relationship for a client? Obviously this is not someone who you can trust.

It is not improper for the lawyer to let you know his or her experience in certain courts or to give you opinions about the judge’s proclivities relative to cases like yours. The same applies for the assistant district attorney.


The Law Offices of Stephen Neyman, PC is committed to defending the accused. When choosing a Massachusetts Criminal Lawyer it is important to hire someone you can trust, not someone who makes promises. We are that office. Call us at 617-263-6800 or send us an email.