Experienced and Aggressive
Massachusetts Criminal Defense Attorney
In virtually every town or city, county, and region in Massachusetts, law enforcement and prosecuting agencies make careless mistakes and over-reach their authority when it comes to both charging and arresting people of criminal activity.
It doesn't matter where you live - The Berkshires, Blackstone Valley, Cape Ann, Cape Cod, Greater Boston, Merrimack Valley, Pioneer Valley, South Coast or South County - or where you work - Central Massachusetts, The Islands, Metro West, North Shore, South Shore, or Western Massachusetts - law enforcement and the District Attorney's offices are rough.
At The Massachusetts Criminal Defense Group, keeping you out of trouble is not just our job - it's our passion. We tear into the prosecutor's case as we ferociously defend your freedom. Like protective pit bulls, we don't let go until we get what is in your best interest.
Each of our attorneys challenges the probable cause of an arrest in the first place. If your rights have been violated, we focus on getting the evidence and charges suppressed and thrown out. If the evidence is weak, we can beat it at trial. There are countless opportunities - too many to list here!
The Best Advice Our Attorneys Can Give You -
Even Before You Hire Us…
You have the right to remain silent. It's not just something that you've heard on television. And since you have that right, use it. When you're being questioned or are the subject of an investigation, say absolutely nothing. Tell whoever is asking you questions that you wish to invoke your right to speak with an attorney. Then call us.
Keeping quiet may sound easy enough, but be forewarned: police officers and investigators use every tactic you can imagine to get you to talk to them. This is because your statements are additional evidence that they will use against you later. They will try to intimidate you, or they'll try to make you think they're your best friend. Contrary to what they may tell you, silence is not an admission of guilt.
As an illustration, consider this common fact pattern:
Two people are in an SUV, a driver and a passenger, driving Westbound on the Massachusetts Turnpike on a Friday night just after 11:30p.m. An officer for the Massachusetts State Police stops the vehicle for speeding. The driver is asked for his license and registration, and he complies. The officer calls for back-up, the driver and passenger are asked to exit the vehicle, and a vehicle search takes place.
Under the back floor mat, the officer locates a bag of drugs hidden in a brown paper bag - clearly not in plain view. The driver refuses to answer questions and the passenger denies knowing that the drugs were in the vehicle.
Police officers are well-trained when it comes to gathering evidence in drug-related cases. Under this scenario, if either individual were to be arrested for possession they could very likely get their case dismissed based on the fact that there is no evidence of possession, the drugs weren't in plain view and there was no other reason to search the car. Accordingly, the police would, most likely, attempt to gather additional evidence.
Law enforcement's first strategy might be to threaten the passenger with charges unless he or she gives a confession. Another strategy might be for them to pit one against the other, or have the police promise to "go easier" on everyone if one of the two admits knowledge or ownership of the drugs. A more common approach would be for both officers to accuse the driver of more serious offenses (such as possession with the intent to distribute, or drug trafficking) in order to get the driver to say, "No, that is only for personal use. I'm not the dealer!" Once tricked into talking about the case, the driver has just admitted knowledge and ownership of the drugs
We Approach Every Case
As If We Are Heading For Trial
In every case, our first hope is to have the evidence tossed out of court, and the matter dismissed. That isn't always the case however, and we prepare every matter as if it is going to trial, even those cases that we believe (confidentially) will not go that far along in the Massachusetts criminal court process. This is the best practice, and even when the client tells us that he or she has no intention of going to trial and risking a guilty verdict, we still prepare as if we are going all the way. Any of our attorneys will tell you that when cases are litigated vigorously before trial, plea bargain offers get better and better.
As we prepare for trial, our attorneys create a theme for each case - one that keeps the judge's and the jury's interest. The best are the ones that capture the imagination of the fact finder.
Clients typically bring us "shotgun" defenses such as "they weren't my drugs," "the cops violated my rights," "they weren't for sale," "I don't have a record," or "the officer is lying - I wasn't at the store then." Knowing that we can't attack a case that way in the courtroom, we take the route of personalizing the client and devise a consistent and dynamic defense theory. The best ones are those designed to expose the weaknesses in the prosecutor's case, and we find that this time and effort pays off in spades at the end.
Our Plea Bargaining Strategy
Because plea bargains allow cases to move quickly through the court system and are advantageous to both parties involved, judges and prosecutors often turn to plea bargaining in virtually every case. Essentially, the defense attorney and prosecutor confer regarding a specific case and attempt to establish a "bargain" acceptable to both sides. The process can last anywhere from minutes to several weeks. Attorneys can arrange plea bargains without their client's consent, however, only the criminal defendant can make the decision of whether or not to accept the agreement.
Plea bargaining is usually our very last option. At first, we try to beat your case by getting a full acquittal. If we find that plea bargaining is a necessity, then we bargain from a position of strength; not weakness. Strength comes from a well-prepared case, hard work, and the winning reputation that our defense team has earned all over Massachusetts. Learn more about Plea Bargaining in our Information Center.
Your Secret Weapon as a Criminal Defendant -
At Trial, You Get to Go Last
The most important procedural right of the defense is that we get to go last. The District Attorney's office has to put its entire case on before we have to present any evidence. They have to disclose their entire case to us before trial. And with a few exceptions, the defense has to tell them nothing. If the Commonwealth doesn't meet their burden of proof, we can seek a directed verdict before you even start presenting your side of the story. Why would any defendant want to waive this very important procedural advantage? In other words, why tip them off - and give them the opportunity to mold their case to fit any weaknesses in your defense? Moreover, why give the police time to investigate and cast doubt on your story? Our strategy is to let them hear it (for the first time) at the same time the jury or the judge hears it, and just before the case is submitted to the judge or jury for a verdict.
Ready to Answer Your Questions
And Start on Your Criminal Defense Case
You need ferocious criminal defense lawyers who will defend your rights at every turn. Our 18-Point Defense Plan
for all practice areas will show our big bark and big bite - for one affordable flat-fee.
Contact us online or call (800) 461-6900 for a no-obligation consultation at any of our local offices in Woburn, Worcester, Springfield, Norwood and Plymouth.