Massachusetts Criminal Defense Lawyer for Attleboro, Fall River, and Taunton

Massachusetts courts where I appear

• Attleboro District Court

• Fall River District Court

• Taunton District Court

• Bristol County Superior Court

 

Charges I defend in Massachusetts

• OUI (drunk driving) and breath test refusals

• Domestic assault and battery

• Assault and battery, including with a dangerous weapon

• Drug possession and distribution

• Firearm charges, which can carry mandatory minimum sentences in Massachusetts

• Shoplifting and larceny

• Operating after suspension

• Probation violations

 

How a Massachusetts criminal case moves

1. Clerk-magistrate hearing. If you weren't arrested, many cases start with an application for a criminal complaint and a hearing before a clerk-magistrate, who decides whether charges issue at all. This is a chance to stop the case before it ever reaches your record.

2. Arraignment. Most cases are arraigned in District Court, where the judge addresses bail and release conditions. In some cases, the prosecutor can ask for a dangerousness hearing to hold you without bail.

3. Pretrial. Discovery, motions to suppress illegally obtained evidence, and negotiation with the prosecutor.

4. Trial. District Court cases can be tried to a six-person jury or a judge. More serious felonies can be indicted and tried in Superior Court.

 

Outcomes that protect your record

Depending on the charge and your history, Massachusetts options may include:

• Dismissal, when the evidence isn't there or was obtained illegally.

• Pretrial probation, where the case is dismissed after a period of good behavior, without a plea.

• A continuance without a finding (CWOF), where the case is dismissed after probation without a conviction for most purposes. A CWOF can still carry immigration consequences and can count as a prior offense in an OUI case.

• Diversion programs for eligible defendants.

• Acquittal at trial.

Many Massachusetts records can be sealed, and dismissed cases can often be sealed without the usual waiting period.

 

OUI and breath test refusals in Massachusetts

A first-offense OUI may qualify for a disposition that includes an alcohol education program and a shorter license loss. Refusing a breath test triggers an automatic license suspension by the RMV, separate from the criminal case, and the window to challenge it is short. An OUI or refusal in Massachusetts can also affect a Rhode Island license, and the reverse is true too. Rhode Island DUI and refusal defense →

 

Live in Rhode Island, charged in Massachusetts?

Don't ignore it. If you miss a Massachusetts court date, the judge can issue a default warrant that can follow you across the state line. I handle Massachusetts cases for Rhode Island residents and Rhode Island cases for Massachusetts residents, so one lawyer can manage both sides.

 

Frequently asked questions

What is a clerk-magistrate hearing? It's a hearing, usually before any charge is issued, where a clerk-magistrate decides whether there's probable cause to issue a criminal complaint. Having a lawyer there can keep the charge from ever being filed.

 

What is a CWOF? A continuance without a finding. You admit there are sufficient facts for a conviction, but the judge doesn't enter a guilty finding. If you complete probation, the case is dismissed. It's not the right choice for everyone, especially non-citizens, so talk it through with a lawyer first.

 

I live in Rhode Island. Do I need a Massachusetts lawyer? You need a lawyer admitted in Massachusetts. I'm admitted in both states, so I can handle your Massachusetts case and explain how it affects you in Rhode Island.

 

Can my record be sealed? Often, yes. Eligibility depends on the charge, how the case ended, and how much time has passed.

 

Charged in Massachusetts? Call today.

The consultation is free and confidential. Call (401) 656-5555.