Middlesex County Criminal Defense Lawyer

Your Legal Rights —What You Should Know

Every person has important legal rights that are protected by the Massachusetts and United States Constitutions, as well as by state and federal statutes. Generally, legal representation begins after a client has been “arraigned” in court and formally charged with a crime. However, someone should contact a lawyer as soon as there is even the remotest chance of being charged with a crime. This is because someone’s statements to the authorities can be used against him or her in the legal case. In fact, it is very common for the prosecutor to try to use this type of evidence at trial. Ideally, someone will request a lawyer as soon as he or she believes that he is suspected by the authorities, and will (politely) refuse to speak to the authorities without the lawyer present.The importance of this early stage of the case cannot be overemphasized. Much of what a criminal defense lawyer does is trying to cure “damage” that has been done by the client (often in the form of ill-advised statements) that could have been avoided if the client had consulted an attorney at the first opportunity.

Initial Contact with Client

• I will ask about the charges pending against the client and a brief overview of the facts of the case.
• I will ask the client to come in and meet with me so that we can sit down and thoroughly review the facts and any available paperwork.
• If the client wants to engage my services, I will ask them to sign a legal fee agreement. This is designed to explain in writing the financial terms of the representation and avoid any future misunderstanding. A fee agreement is also required by law.

After I am Hired

I will go to work immediately on your case by gathering the facts and reviewing any important changes in the law in order to prepare for trial. The old saying that “a best defense is a good offense” holds true to the defense of a criminal case. In other words, obtaining the best result very often means doing everything possible to defend the case before it reaches trial. This may mean testing whether the criminal complaint should even have been issued by filing a Motion to Dismiss, or filing a Motion to Suppress evidence because law enforcement personnel violated your constitutional rights when they obtained evidence. Even if these motions are not successful, they very often are worthwhile because they result in the discovery of facts that will be useful at trial, and that otherwise would not be found out.

While preparing the case for trial, I will simultaneously stay in close contact with the prosecutor, exploring ways that the case can be resolved favorably to the client. Many criminal cases resolve without going to trial. With this fact in mind, it is vital to establish and maintain good communication with the prosecutor who is in charge of the case. This is because the prosecutor has tremendous influence over how the case is handled. The prosecutor can reduce a criminal charge to a less serious charge; can agree to pre-trial probation; or can agree to probation with less onerous probation conditions. Under certain circumstances the prosecutor can even recommend dismissal of the case. For these reasons, the importance of maintaining a good relationship with the prosecutor and continually advocating on behalf of your client and your case cannot be overstated. I have years of experience in negotiating pleas and other favorable resolutions to criminal cases, and will put this experience to work for you.

Criminal Defense Areas of Specialty and Topics