Criminal Charges in Massachusetts – Frequently Asked Questions

Almost certainly not! But I talk to people understandably terrified of this all the time.
If you aren’t charged with a serious felony or have prior convictions, there is almost no chance of actually spending time in jail.
Any misdemeanor driving offense, OUI, assault, or leaving the scene of an accident can be worked out, often without even a permanent criminal record.
In the statutes, all misdemeanor offenses have a possible maximum sentence of one year in jail, but again, it’s very rare.

Clients occasionally ask me if I am familiar with the court the case is in. I have handled cases and every district court in Massachusetts.
Some outcomes can vary depending on which judge we go in front of, and the case can take a different course depending on which District Attorney’s Office we are dealing with. So it is important to be prepared for that.
It’s also true that for hearing in front of a clerk magistrate, some court magistrates are more likely to issue a complaint and charge you with a crime than others. But most of the time our strategy is not affected.
As a criminal defense attorney for over 20 years, I can tell you that there is no one secret trick that works in front of one particular court or works with one particular DA.
My success is based on preparation, experience, and flexibility when negotiating.

In criminal cases, sometimes people get arrested and have to go to court on very short notice. That is normal and sometimes they have to scramble to find a lawyer in a day or two.
There isn’t much that can be done about that and that’s not really a problem.
If you haven’t been charged yet, but think you might be, then you may want to wait to make sure.
But if you are charged with a serious criminal offense or have a complicated case with witnesses, victims, discovery, etc., it is extremely advantageous to have a lawyer with as much time to prepare as possible.
The correct answer to when you should hire a criminal defense lawyer is probably as soon as you know you need one.

A clerk magistrate’s hearing is an evidentiary “show cause” hearing to determine whether you will be formally charged with a crime.
If you get a criminal citation, it means you will appear at such a hearing.
Clerk Magistrate’s Hearings are unique in that, even though the point is to establish if there is probable cause to charge you with a crime. The Clerk Magistrate is also empowered to dismiss the charge even if there is plenty of evidence for probable cause! My job as a lawyer is to convince him to do just that.
They are quirky and unique to Massachusetts criminal court practices.
I do lots of these hearings, and wrote a book about it.
Call me or text me for help!