Frequently Asked Questions

Talk with a criminal defense lawyer before your court date, and plan to be in court on the date and time shown on your paperwork. That first court date is called the arraignment. Our first timer's guide to Massachusetts criminal court walks through the day step by step.

Arraignments begin at 9:00 a.m., so arrive early. Your first stop is the probation office, which asks questions the judge uses to decide bail and whether you qualify for a court-appointed lawyer. Bring your court paperwork and a photo ID.

Until then, do not talk about what happened with anyone except your lawyer, and do not post about it online. Do not contact the person who made the accusation, even to apologize. Follow every condition on your release paperwork exactly.

Feeling frightened before an arraignment is normal. In almost every case, a not guilty plea is entered for you, and no one decides guilt that day. You can read more about what happens at an arraignment.

Call a criminal defense lawyer now, before you speak with the police. If a detective has called you or left a card, you do not have to call back or agree to an interview, and a lawyer can respond for you. Anything you say at this stage can be used as evidence.

A lawyer can find out what is going on, including whether police have applied for a criminal complaint or obtained a warrant. If you have not been arrested, you are often entitled to a clerk magistrate hearing before a complaint issues, where a lawyer can argue that no case should go forward. That hearing is a real chance to stop a case before it starts.

While you wait, do not discuss the situation with others or contact the person making the accusation. Do not delete messages, photos, or posts. If police ask to search your phone or your home, you can say you do not consent.

Getting a lawyer does not make you look guilty. Reaching out before an arrest is one of the most protective steps you can take, and you will face whatever comes next with a plan and with someone already on your side.

After an arrest, you are booked at the police station and then either released or held until you can be brought before a judge at the court's next session. Booking usually includes fingerprints, photographs, and recording your personal information.

When you arrive at the station, police must tell you that you can use the telephone, and they must let you make calls within one hour. You can use those calls to reach family, arrange bail, or contact a lawyer. Keep the details of what happened off the phone, and assume someone else may be listening.

A court clerk or bail commissioner can decide whether you may be released before court, and on what bail or conditions. For adults arrested on an allegation of domestic abuse, release generally cannot happen until at least six hours after the arrest unless a judge orders it in court. If you are released, you will be given a date to appear for arraignment.

If you are not released, you will be brought to court at its next session, usually the next business day, so an arrest on a Friday night can mean waiting until Monday. At arraignment, the judge decides release again. For some charges, the prosecutor can ask to hold you for a dangerousness hearing, which can mean a few more days in custody.

These hours are hard, both for the person being held and for the family waiting at home. A lawyer can get involved during this time, so no one walks into arraignment alone.

As soon as you learn you may be accused of a crime, even before any charge is filed. That includes a call from a detective, a business card left at your door, or an accusation made directly to you or within your community.

The early stage is when a lawyer can do the most. Many cases grow out of well-meant attempts to explain things to police, and a lawyer can respond for you instead. If you have not been arrested, there may also be a clerk magistrate hearing, where a lawyer can argue that no charge should issue.

Calling a lawyer is not an admission of anything. It is the most protective first step you can take, and it means you will not face what comes next alone.

Talk with a criminal defense lawyer right away, and do not try to clear things up with police on your own. The urge to explain is natural, but statements made to set the record straight can become evidence in the case.

Do not contact the person making the accusation, and do not delete messages, photos, or posts, even ones you think help you. Write down what you remember, including dates and the names of anyone who may know something, and share it only with your lawyer.

Innocent people are sometimes charged, and the truth does not always come out on its own. It comes out through careful work: gathering evidence, finding witnesses, and testing the accusation. That work can start on the first day.

Bail is money deposited with the court to make sure you come back for every court date. In most cases, Massachusetts law starts from release on your own promise to return, called personal recognizance, with no money at all. Cash bail is required only when that promise will not reasonably assure your return, and the amount has to take into account what you can afford.

Bail usually comes with conditions, such as staying away from a person or a place. If you are charged with a new crime while you are out, your bail on the first case can be revoked, and you can be held for up to 60 days.

If you attend every court date, the money is returned at the end of the case to the person who posted it. If you miss court without a good excuse, the court can order the bail forfeited, and missing court can be charged as a separate crime. Even after a missed date, the court can return some or all of the money once you are back before the court.

Yes, often. After booking, a court clerk or bail commissioner can decide whether you can be released before your arraignment, and the law starts from release on your own promise to return, with no money required. You will be told the date and time you must be in court.

If cash bail is set, a family member or friend can post it so you can go home. Release can also come with conditions, such as staying away from a person or an address, so read your paperwork carefully and follow every condition exactly.

You do not pay a fee to be released. When bail is taken outside court hours, the law makes the court pay the bail commissioner's fee, even though some websites still say you must pay $40.

If you are not released at the station, a judge decides again at your arraignment, at the court's next session. Our guide to posting bail in Massachusetts explains where and how to pay. Release is the starting point under Massachusetts law, not the exception.

Tell your lawyer right away, because bail is supposed to account for what you can actually pay. When bail is set at an amount a person cannot afford and is likely to stay in jail as a result, whoever sets it must give reasons, in writing or on the record, for why a lower amount or conditions without money would not work.

If a clerk or bail commissioner set the bail, a judge reviews it at the court's next session. If a District Court judge sets bail you cannot make, you can ask a Superior Court judge to review it, and that hearing usually happens within a day or two.

A lawyer can argue for a lower amount or for release on conditions instead of money, using information about your job, your family, and your ties to the community. In some cases a charitable bail fund may be able to help, and your lawyer can tell you whether that is an option.

If the prosecution is asking to hold you without any bail, that is a separate process called a dangerousness hearing. Either way, the law gives you real ways to be heard, and acting quickly matters.

No. Police need probable cause to arrest, which means enough information to show it is more likely than not that a crime was committed and that you committed it. That is a much lower bar than the proof beyond a reasonable doubt needed to convict.

Many people are surprised to learn that what a witness tells police, including the person making the accusation, counts as evidence. Physical evidence such as photos or video is not required for an arrest.

Probable cause only starts a case. Whether the evidence holds up is tested later, and an account that seems convincing at the start can look very different once it is examined.

It depends on whether you were in custody and being questioned when you spoke. Police must give Miranda warnings before a custodial interrogation, and if they did not, a lawyer can ask the court to keep your statements out of the case.

Custody means more than not feeling free to leave. Courts look at where the questioning happened, whether police told you that you were a suspect, how aggressive the questioning was, and whether you could end it. Questioning at a police station is not automatically custody, and neither is agreeing to ride there with officers.

Two common situations usually do not require warnings. Questions during an ordinary traffic stop, such as where you are coming from or whether you have been drinking, generally are not custodial. Neither is an interview you agree to, such as when a detective calls and asks to hear your side of the story.

If a statement is kept out because warnings were required and not given, the prosecution generally cannot use it to prove the case. But if you testify at trial and say something different, a statement you gave voluntarily can still be used to challenge your testimony.

The safest course is the same in every situation: politely say you want a lawyer and will not answer questions. If you have already talked, it is not too late, and a lawyer can look closely at how your statement was taken.

No. Politely tell the officers that you want a lawyer and will not answer questions, and then stop talking about the case. You do not have to explain what happened, and trying to explain rarely helps.

People often talk because they want to clear things up, or because an officer says it will help them. Statements meant to explain can become evidence against the person who made them. Choosing not to answer is not a sign of guilt; it is what careful lawyers tell everyone to do.

Say it clearly and simply, for example: "I want a lawyer. I am not answering questions." Then stay quiet about the case, including in a holding cell and on the phone. You can still be polite and cooperate with booking.

If you already talked, it is not too late to get help. A lawyer can look closely at how your statement was taken and whether it can be challenged.

You can say no. Police generally need a warrant to search a home, and if they do not have one, you can tell them calmly and clearly that you do not consent to a search. You can ask through a closed door whether they have a warrant.

There are narrow exceptions, such as consent or a genuine emergency, and the prosecution has to prove that an exception applied. If police do have a warrant, ask to see it, but do not try to block them.

If officers come in anyway, do not argue or physically resist. Stay calm, repeat that you do not consent, and do not answer questions. As soon as you can, write down who came in, what they said, where they went, and what they took.

A search that crossed the line can be challenged in court, and evidence from an unlawful search can be kept out of the case. Saying no calmly protects your rights without making a hard moment worse.

Most cases move through the same stages: the case begins, you are arraigned, the case goes through pretrial court dates, and then it is resolved by a dismissal, a negotiated outcome, or a trial. Our page on the criminal court process walks through each stage in detail.

A case begins with an arrest, a summons in the mail, or a notice for a clerk magistrate hearing, where a clerk decides whether charges should issue. At the arraignment, the charges are formally presented, a not guilty plea is entered, and the judge decides release and sets the next dates.

After arraignment, the case is scheduled for a pretrial conference and a pretrial hearing, where the lawyers exchange evidence, file motions, and discuss whether the case can be resolved. More serious felonies may be sent to the Superior Court instead.

Guilt is never decided along the way. It is decided only if you choose to resolve the case with a plea, or if a judge or jury decides it at trial. Our first timer's guide to Massachusetts criminal court explains what each court day is like.

The biggest difference is the sentence each court can impose: a District Court judge cannot sentence anyone to state prison, and a Superior Court judge can. Misdemeanors and many felonies can be handled in District Court, while the most serious felonies go to Superior Court.

District Court can hear almost all misdemeanors, felonies punishable by up to five years in state prison, and a list of more serious felonies the law names. Any jail sentence there is served in a county house of correction, where a single sentence cannot be longer than two and a half years.

For many charges both courts have the power to hear the case, and the prosecutor decides where to bring it. A case goes to Superior Court when a grand jury returns an indictment. District Court trials are heard by a jury of six, unless you choose a trial before a judge alone.

Where your case is heard affects what is at stake, so it is one of the first things we look at. You can read more about felonies and misdemeanors in Massachusetts.

If you are driving, you must stop when signaled and, when asked, give your name and address and show your license and registration. Beyond that, you do not have to answer questions about where you are going, where you have been, or what you have been doing.

You can say calmly, "I'd rather not answer questions." You also do not have to agree to a search of your car or your phone, and you can say, "I do not consent to a search."

Stay polite, keep your hands where they can be seen, and do not argue or resist, even if the stop feels unfair. The roadside is not the place to win the argument, and a stop that was not lawful can be challenged in court later.

Our guide to your rights during a Massachusetts police stop covers passengers and other details. Knowing these few rules ahead of time makes a frightening moment easier to handle.

Only in limited situations. A traffic stop by itself does not give police the right to search your car. Without a warrant, they generally need probable cause to believe the car contains evidence of a crime, or your consent.

In Massachusetts, the smell of marijuana alone, burnt or unburnt, is not enough for police to search a car. Some websites still describe the old rule, so this surprises many people.

You do not have to agree to a search. If asked, say calmly, "I do not consent to a search," and do not physically resist if officers search anyway.

If your car was searched, a lawyer can examine whether police had a lawful reason, and evidence from an unlawful search can be kept out of the case. Declining a search calmly protects your rights without making the stop worse.

It means a criminal complaint has issued against you, and you are ordered to come to court on the date listed for your arraignment, your first court date on the charge. It is not an arrest, and it gives you time to prepare.

At the arraignment, the charges are formally presented, a not guilty plea is entered, and the judge decides your release conditions. Arraignments begin at 9:00 a.m., and your first stop is the probation office.

Do not miss the date. If you do not appear, the judge can issue a warrant for your arrest. Talk with a lawyer before then, so you walk in knowing what to expect.

It is a hearing where a clerk magistrate decides whether a criminal complaint should issue against you. It usually happens when police or someone else applies for a complaint and you have not been arrested. It is sometimes called a show cause hearing.

If you are not under arrest, you generally have a right to this hearing on a misdemeanor complaint, and on a felony complaint when police request one. You or your lawyer can appear, respond to the evidence, and argue that no complaint should issue.

The magistrate decides whether there is probable cause, meaning it is more likely than not that a crime was committed and that you committed it. Even when there may be enough evidence, a magistrate sometimes declines to issue a complaint.

If no complaint issues, the case never reaches arraignment and does not appear on the standard state background check. That makes this hearing one of the best chances to stop a case before it starts.

In Massachusetts, a felony is any charge that can be punished by a state prison sentence. Felonies can be indicted and prosecuted in Superior Court, but they can also be prosecuted in the District Court. All other crimes are misdemeanors.

A grand jury is a group of citizens who hear evidence presented by the prosecutor and decide whether there is enough to formally charge someone, usually with a serious felony. The formal charge it returns is called an indictment, and the case then goes to Superior Court.

The proceedings are secret and recorded. There is no judge in the room, and no defense lawyer argues the case. At least 13 grand jurors must be present, and 12 must agree before an indictment can be returned.

If you learn you are the subject of a grand jury investigation, or you receive a subpoena to testify, talk with a lawyer before you do anything else. An indictment is an accusation, not a finding of guilt.

Your first court date is the arraignment. The charges are formally presented, you and your lawyer receive a copy of the complaint and the police report, and in almost every case a not guilty plea is entered for you.

The judge also decides your release: whether you go home on your own promise to return, with conditions, or with bail. In some cases the prosecutor can ask to hold you for a dangerousness hearing.

Before you leave, the court schedules the next dates, usually a pretrial conference and a pretrial hearing. If the District Court will not keep the case, it schedules a probable cause hearing instead.

You will not be asked to tell your side of the story, and you should not try. The arraignment is a starting point, not a decision about guilt.

They are the next court dates after arraignment, held on separate days. At the pretrial conference, the prosecutor and your lawyer discuss the evidence, discovery, whether the case can be resolved without a trial, and possible trial dates.

Their agreements and disagreements go into a written report, which is filed at the pretrial hearing. At that hearing, the judge hears discovery requests, and you can resolve the case if you choose. If discovery is not complete, the judge schedules a compliance hearing.

Much of the real work of a case happens around these dates, and a case may have more than one before it is resolved or ready for trial.

A C&E date, short for compliance and election, is what courts call the compliance hearing held after the pretrial hearing when discovery is not yet complete. The judge checks whether the prosecution has turned over the required evidence, can order what is missing, and can impose consequences for failing to comply.

Once discovery is complete, you make your election: whether you want a trial before a jury or before a judge alone. The judge then sets a trial date. You can also resolve the case at this hearing if you choose.

Choosing between a jury and a judge is an important decision, and your lawyer should talk it through with you well before this date.

There are several paths, and the right one depends on the evidence and on you. Sometimes investigation shows the facts are not what they first appeared to be, and the prosecutor agrees the case cannot be proven beyond a reasonable doubt.

Information showing a lawful defense, such as self-defense or defense of others, can also lead a prosecutor to dismiss. A motion to suppress can keep out evidence police obtained unlawfully, and if that evidence was essential, the case may not be able to go forward.

Completing a specialty court program, such as drug court or veterans court, can also end in dismissal. In District Court, a continuance without a finding is another path: you admit there are enough facts for a guilty finding, which the court handles much like a guilty plea, but no guilty finding is entered, and the case is dismissed if you meet the conditions.

Before choosing any path, your lawyer should explain what it means for your record, your job, and, if it applies, your immigration status.

Plea negotiations are discussions between your lawyer and the prosecutor about resolving the case without a trial, for example by reducing or dismissing some charges or agreeing on a recommended outcome. Whether to accept any offer is always your decision.

In most cases, the judge is not bound by what the lawyers recommend. But if the judge intends to go beyond the recommendation your plea depends on, or in District Court beyond the outcome you asked for, the judge must first give you the chance to take back your plea.

In District Court, a resolution can sometimes be a continuance without a finding, or CWOF, where no guilty finding is entered and the case is dismissed later if you meet the conditions. Some charges cannot be resolved this way by law.

Before you decide, your lawyer should explain the evidence, the risks of trial, and every consequence of the offer, including effects on immigration status, licenses, and your record. Talking about a possible plea, or offering one that is later withdrawn, generally cannot be used as evidence against you.

It depends on the case, but many cases take several months, and contested cases can take a year or more. Massachusetts rules generally require a trial within twelve months of your first court date, though many kinds of delay do not count toward that limit.

Time spent on pretrial motions, continuances the defense asks for, and the unavailability of an essential witness are among the delays that are not counted. If a case moves to Superior Court, the twelve months starts again there.

If the deadline passes without a valid reason, the case can be dismissed on a motion, and the dismissal covers related charges too. Extra time is not always bad, though: it can give your lawyer room to investigate, file motions, and work toward a better outcome before any trial.

Waiting is hard, and not knowing when it will end is often the worst part. Your lawyer should tell you what to expect at each court date, so the timeline never comes as a surprise.

It can, but Massachusetts limits what most employers can see and ask. Most employers cannot ask about criminal history on the initial job application. Later in hiring, most still cannot ask about cases that ended without a conviction, including a continuance without a finding that was dismissed, or about sealed records.

An employer running a standard state background check sees felony convictions for 10 years and misdemeanor convictions for 5, plus any charge still pending. A continuance without a finding counts as pending until it is dismissed, so it can show up while it is running. An employer may turn you down because of a record that relates to the job, but must first tell you and give you a copy of it.

Some employers, such as schools, child care programs, and elder care providers, are allowed to see more. How your case ends matters a great deal, and many records can later be sealed so the standard check reports no record at all. Our page on record sealing explains how.

It depends on your job and where your case stands. Massachusetts law bars most employers from asking about arrests or cases that ended without a conviction. While a case is still pending, though, it can appear on a background check, and employers may check current employees as well as applicants.

Trouble at work can also come from things around the case rather than the charge itself, such as missing shifts for court dates or not reporting the charge when a workplace policy or contract required it. A union agreement or employment contract may limit when you can be let go, so find out what applies to you.

Losing a job is one of the biggest worries people bring to us, and we plan around it from the first day. How the case is resolved can make a real difference. Our page on continuances without a finding explains one common outcome.

It depends on your employer's policies, any contract or union agreement, and any professional license you hold. Some employee handbooks require workers to report new charges, and breaking that kind of rule can cause more trouble than the charge itself. If no rule requires it, whether and when to tell your employer is a decision to make carefully, with your lawyer.

If you do need to report, a short, factual notice is usually enough: the charge, the date, and that you have a lawyer. Do not discuss the facts. What you tell your employer is not protected the way your conversations with your lawyer are.

The law also protects you when you apply for jobs. Most employers cannot ask about cases that ended without a conviction, and if your record has been sealed, you can answer that you have no record.

A pending charge can appear on a standard Massachusetts background check for as long as the case is open. That is the check employers, landlords, and professional licensing agencies use, and it includes a continuance without a finding until the case is dismissed.

A case only enters the state record if it reaches arraignment. If a clerk magistrate declines to issue a complaint, or the case is dismissed before arraignment, there is no entry. Once a case ends without a conviction, it no longer appears on the standard check, while convictions stay visible for 10 years for felonies and 5 for misdemeanors after the case and any sentence end.

Schools, child care programs, and elder care providers may see more. You can request your own record, and a free self-audit shows who has run a check on you. Our page on record sealing explains how to close the book on an old case.

Landlords in Massachusetts can run a state background check, but only with your signed permission, and they cannot ask you to bring them a copy of your own record. They see the same thing employers see: recent convictions and any pending charges.

A landlord may turn down an applicant because of a criminal record. But automatically rejecting everyone with a record can violate civil rights laws, and the Attorney General's office advises landlords to consider the offense, how long ago it happened, and evidence of rehabilitation. If a landlord decides against you because of your record, you are entitled to a copy of it.

Public housing has its own rules, and a few serious offenses can bar admission. A sealed record is reported as no record at all, and you can answer a housing application the same way. Our page on record sealing explains who qualifies.

Yes, in almost every situation. Under the Massachusetts Constitution, the only people who cannot vote because of a criminal case are those currently incarcerated for a felony conviction.

If you have been charged, are awaiting trial, are on probation or parole, or have finished a sentence, you can vote. People held before trial or serving a sentence for a misdemeanor can vote too, by absentee ballot as a specially qualified voter, without registering first.

Someone incarcerated for a felony can vote again once released. Many people assume a record means they have lost the right to vote for good. In Massachusetts, that is not true.

A criminal charge does not decide custody by itself, but the Probate and Family Court can look at the facts behind it, even while the criminal case is still open. In any temporary or permanent custody order, the court must treat past or present abuse toward a parent or child as weighing against the child's best interests.

If the family court finds a pattern of abuse or a serious incident of abuse, it presumes that custody with that parent is not in the child's best interests, though the parent can work to overcome that. The family court uses a lower standard of proof than a criminal court, so it can make its own findings however the criminal case ends. A restraining order alone does not count as such a finding, but even a sealed criminal record can be considered in a custody case after a closed hearing.

A pending charge does not mean you cannot see your children, and you can ask the family court for parenting time. Because the two cases affect each other, talk with your criminal defense lawyer before you file anything or speak in the custody case. Our page on restraining orders explains how those orders work.

Often, yes, but other countries can refuse entry because of a criminal record. Canada is a good example: under its immigration law, people who have committed or been convicted of a crime may be turned away, including for theft, assault, drug possession, and driving under the influence.

Canada does offer ways in. Enough time may pass for a person to be considered rehabilitated, you can apply for rehabilitation once at least five years have passed since your sentence ended, including probation, or you can ask for a temporary permit for a specific trip. Rehabilitation applications can take more than a year, so plan well ahead.

A criminal record on its own usually does not stop you from getting a U.S. passport. The State Department can refuse one to someone with an outstanding felony warrant, and in some cases to someone whose court order, probation, or parole forbids leaving the country. A felony drug conviction for an offense that involved crossing a border can also block a passport while the person is in prison or on supervised release.

Trusted traveler programs are stricter. Global Entry can be denied because of any arrest, conviction, or pending charge, the government decides each application individually, and a new arrest can lead to removal from the program. If you are denied, you can ask for reconsideration.

TSA PreCheck looks mainly at a list of serious felonies. Most of them stop counting once seven years have passed since the conviction and five since any release from prison. An open warrant or indictment for one of them is disqualifying until it is resolved.

Every country sets its own rules, so check with the embassy or consulate before you book. If your case is still open, ask your lawyer whether your release conditions allow you to leave the state or the country.

The most helpful thing you can do right now is get a criminal defense lawyer involved, ideally before the first court date, called the arraignment. Your spouse will usually be brought to court at its next session, and our first timer's guide to Massachusetts criminal court explains what that day looks like.

Keep phone calls short and about practical things like bail, the children, and work. Calls from jail are generally recorded, and at a police station officers can hear your spouse's side of the call and may write down what they hear. Please do not ask what happened, because that conversation belongs with the lawyer.

Do not pass messages for your spouse to the person who made the accusation or to any witness. That can violate release conditions or a no-contact order and lead to new charges, even when everyone means well.

This is a frightening time for the whole family, and you do not have to sort it out alone. Joanne Dubray, our case manager, is often the first person families talk with, and we will explain each step as it comes.

Yes, as soon as you can. Children's cases are heard in a separate Juvenile Court with its own rules, and a lawyer who knows that court can protect your child from the first day.

If your child is between 12 and 17 and is arrested when court is closed, police must notify a parent right away. In many cases the child can be released to a parent who signs a written promise to bring the child to court. If your child is held, police must tell you, and the law requires children to be kept apart from adult prisoners.

Until you have spoken with a lawyer, encourage your child not to discuss what happened with police, friends, or anyone online. Our page on juvenile defense explains how Juvenile Court works and what a judge can order.

Being arrested is not the end of your child's story. The right help now can make a real difference in what comes next.

Do not talk about the case. Calls from jail are generally recorded, and anything said on the call, including what you say, can be used in court.

That means no questions about what happened, what police found, what your family member told police, or who the witnesses are. If your family member starts to explain, gently stop them and say it can wait for the lawyer. Calls from a police station are not private either, because officers can hear your family member's side and may write down what they hear.

Do not agree to pass a message to the person who made the accusation or to any witness, even something that sounds harmless, like an apology. That can violate release conditions or a no-contact order and lead to new charges.

What does help is ordinary connection. Talk about family, health, and practical things like bail and finding a lawyer, and let your family member know they are not alone. The lawyer can arrange private calls, and that is where the case should be discussed.

Be steady and present without judging. Someone facing a charge is often frightened and ashamed, and knowing the people they love are still there matters more than having the right words.

Stress can show up as anger, silence, forgetfulness, or changing their mind, and that is a normal reaction to a frightening situation, not a sign of who they are. Try not to ask about what happened. Let them talk with their lawyer about the case, and talk with you about everything else.

Practical help counts too. You can help keep track of court dates, give rides, and make sure release conditions are followed exactly. If counseling or treatment would help, our treatment and recovery resources page lists treatment programs, therapists, and peer support in Essex, Middlesex, Suffolk, and Worcester counties.

Take care of yourself as well. Families carry this weight too, and counseling or a support group for you is not a luxury. People get through this, and they get through it better with someone beside them.

You can, and many families do. Helping someone get a lawyer early is one of the most useful things a family can do, but your family member, not you, is the client.

A lawyer can accept payment from a relative only if the client agrees, and the person paying cannot direct how the case is handled. Your family member makes the key decisions, such as whether to accept a plea offer.

What your family member tells the lawyer stays confidential. With their permission, we keep the family member who reached out to us informed about the case.

Please ask before sitting in on a meeting between your family member and the lawyer, because having another person present can affect confidentiality. For questions about cost, see our payment plans and financing page.

If you are married to the person charged, you generally cannot be forced to testify against your spouse in a criminal case. The choice is yours.

The protection has exceptions, most importantly for cases involving child abuse. It also covers only married couples, so it does not protect an unmarried partner.

Parents and minor children have a similar protection. A parent cannot testify against a child under 18, and the child cannot testify against the parent, when the alleged victim is neither a family member nor someone living in the household.

If you are summoned, you still need to come to court, where the privilege is claimed. Even when a spouse chooses not to testify, the prosecution may still try to go forward with other evidence. Our guide to domestic assault charges explains how these cases move.

You do not have to make this decision alone or in a hurry. You can talk with a lawyer of your own about your choice.

An arraignment is your first court date. The charges are formally read, a not guilty plea is entered, and the judge decides whether you will be released and on what conditions.

A trial comes much later, and only if the case is not resolved first. Between the two there are usually several pretrial dates, when evidence is exchanged and the case is discussed, and many cases are resolved during that stage. Our guide to what happens at arraignment walks through that first day.

At trial, a judge or jury hears the evidence and decides whether the Commonwealth has proven each charge beyond a reasonable doubt. You never have to prove you are innocent. Our overview of what to expect at trial explains how a trial unfolds.

A bench trial is a trial without a jury. The judge decides both the law and the facts, and reaches the verdict. In District Court, you can choose a bench trial instead of a jury of six.

Choosing between a judge and a jury is a strategic decision you make with your lawyer, usually at the compliance and election stage of the case.

Jury selection is how the court chooses jurors who can decide your case fairly. Potential jurors are questioned under oath, by the judge and sometimes by the lawyers, about whether they know anyone involved, have already formed an opinion, or have any bias.

Either side can ask the judge to remove a juror for cause. Each side also gets a limited number of peremptory challenges, which remove a juror without giving a reason: two when the jury has six members, four when it has twelve, and twelve when the charge could carry a life sentence.

Your lawyer works through this process with you. In a long trial, extra jurors may be seated so the case can continue if someone becomes ill, and our overview of what to expect at trial covers what happens next.

Yes. You have a right to represent yourself, but first the judge must explain your right to a lawyer, talk with you about your decision, and find that you are making it knowingly and voluntarily. You will also sign a written waiver.

If you want a lawyer but cannot afford one, the court can appoint one at no cost or at a reduced cost. Cost alone should never push you into handling a criminal case by yourself.

Many people now research their own cases online, and some use AI tools to draft motions and legal memos. But the law is often not intuitive, and AI is only as good as the instructions it is given. Getting useful work out of it takes detailed, correct legal direction, which is the very knowledge a person representing themselves does not yet have.

AI tools can also invent court decisions that do not exist and present them as real, and someone without legal training has no way to spot them. None of this has anything to do with how smart a person is. It comes from training and years of practice.

Representing yourself is rarely a good idea, even on a charge that seems minor. A plea or conviction can affect your job, a professional license, immigration status, or your record, and a lawyer's job is to see those consequences before you decide. Our overview of the criminal court process explains each stage.

If you miss a court date, the judge will usually issue a warrant for your arrest, often called a default warrant. If you posted bail, the court can keep it.

Failing to appear without a good reason can also be charged as a separate crime. Our explanation of the different types of warrants covers how default warrants work.

If this has happened, act quickly rather than waiting to be picked up. Returning to court on your own, with a lawyer, usually goes much better than being brought in by police, and many missed dates are resolved once you come back. Bring proof of why you missed court, because judges weigh the reason and how quickly you acted.

Dress the way you would for a job interview. The courtroom is treated as a formal setting, and anyone dressed inappropriately can be asked to leave, whether they are a party to the case, a witness, or just watching.

Avoid shorts, hats, flip-flops, ripped jeans, revealing tops, and clothing with words or images about drugs, violence, or profanity. You do not need to buy anything new. Clean, neat clothes you already own are fine.

Keep your phone turned off in the courtroom, and remember that weapons are not allowed in the courthouse. Our first timer's guide covers the rest of your first day.

Yes, in most cases. Criminal court sessions are generally open to the public, and having someone you trust beside you can make a hard day easier. Family members sit in the public seating area and follow the same dress and conduct rules as everyone else, including keeping phones turned off.

There are two main exceptions. Most juvenile cases are closed to the general public, though people with a direct interest in the case, such as parents, can be admitted. And if a family member may be a witness, the judge can ask them to wait outside the courtroom so they do not hear other testimony.

For family members, the most helpful thing is often simply being there. Please do not discuss the facts of the case in the hallway or with anyone at court, and let the lawyer handle any conversations with the prosecutor or witnesses.

Probation can bring you back to court, usually with a notice to appear for a probation violation hearing and sometimes with a warrant for your arrest.

At the hearing, a judge decides whether you violated a condition of your probation and, if so, what happens next. Outcomes range from no change, to added conditions or a longer period of probation, to a sentence.

If you receive a violation notice, talk with a lawyer before the hearing. Explaining what happened, and showing what you have done since, can make a real difference in the outcome.

Probation is supervision in the community, ordered by a judge as part of how a case is resolved. A probation officer supervises you, and violations go back to the judge.

Parole is release from prison before the end of a sentence, granted by the Parole Board. The board sets the conditions and supervises the person until the sentence ends.

They are run by different agencies with different rules, so it matters which one applies to you.

It depends on the case. The biggest factors are how serious the charges are, your record, the court, how much work the case is likely to need, and whether experts or investigators are needed.

Be careful with dollar figures you find online. They vary widely, they conflict with one another, and none of them can account for your situation. In Massachusetts, a lawyer cannot charge a criminal defendant a fee that depends on the outcome, and the scope of the work and the basis of the fee must be given to you in writing.

If you cannot afford a lawyer and the charge could carry jail time, the court will appoint one if you qualify financially. If you have a pending charge, our consultation is free, and we will give you a clear fee before you decide anything.

We charge one flat fee for our work on your case, set in writing before any work begins, instead of an hourly bill that grows while you wait. We set it after we have listened to you and learned about your case.

Your written fee agreement explains exactly what the fee covers, what it does not, and what happens if our representation ends early. Some cases need outside specialists, such as a private investigator or a forensic expert. Their fees are separate, and we talk them through with you before anyone is hired.

Our fee is the same however you pay. Our payment plans and financing page explains the options.

Yes. You can pay the full fee at the start, spread the cost over monthly payments through Pay Later financing, or, in some cases, make a payment arrangement directly with us.

With Pay Later, Affirm is the lender, decides whether to approve you, and shows you the terms before you agree. We are paid in full at the start, so your defense is never tied to your payment schedule. Direct arrangements require a payment up front, with the rest on a set schedule.

Court dates will not wait while payment is sorted out, so call first, and we will talk about your case and how to pay at the same time. Our payment plans and financing page explains each option.

Bring every piece of paper you have about the case: the summons, complaint, or citation, any arrest, bail, or release paperwork and its conditions, any search paperwork, and anything showing your next court date.

Bring anything that may matter to what happened, such as texts, photos, or video, and the names and contact information of anyone who saw or knows something. Before the meeting, write down your own account while it is fresh, including what police said and did, and share it only with your lawyer.

Information about medications, counseling, work, school, or immigration concerns helps too, because we want to understand your whole life, not just the charge. Write down your questions so you do not forget them in the moment.

What you tell a lawyer at a consultation stays confidential, even if you decide not to hire that lawyer. If a family member comes with you, ask first whether they should sit in, because another person in the room can affect confidentiality.

Ask how much of the lawyer's practice is criminal defense, how often they handle charges like yours, and how familiar they are with the court where your case is pending. Ask who will actually work on your case and stand beside you in court.

Ask how you will hear from the lawyer, how quickly calls are returned, and how you will learn about each court date. Ask what the fee covers, what costs are separate, and whether the lawyer represents anyone else involved in your case.

Ask what the best and worst outcomes might be, and what you can do to help your own case. Be wary of anyone who promises a result. An honest lawyer will tell you what they think based on what they know, what they still need to find out, and what your options are.

Choosing a lawyer is one of the few decisions in a criminal case that is entirely yours. Take the time to find someone you trust.

Yes. Feeling guilty and being proven guilty are different things. To convict, the prosecution must prove every element of the charge beyond a reasonable doubt, using evidence the court allows, and that proof is often less certain than it first appears.

Even when the evidence is strong, there is still the question of what happens next. At sentencing, judges look at the whole person, including history, circumstances, mental health, and treatment, and alternatives to jail are often possible.

A lawyer can help tell your story, connect you with treatment or counseling where it would help, and work toward an outcome that protects your future. Taking responsibility and having strong representation are not in conflict.

Yes. You can change lawyers while your case is ongoing. The judge has to approve the change, and judges usually allow it unless it would delay an approaching trial.

If you are thinking about a change, make it as early as you can, and keep going to every court date while it happens.

It can, but a charge does not automatically cost anyone a license. Each licensing board has its own rules about what it reviews and when, and a board does not always wait for the court.

Results that look good in court can still matter to a board. Some licensing rules count a continuance without a finding as a conviction, and some boards can act on the underlying conduct even after a dismissal.

Early decisions, like what to tell your board or employer and when, often shape what happens next. Our page on criminal charges and professional licenses covers the rules for nurses, physicians, pharmacists, lawyers, teachers, financial professionals, clearance holders, and commercial drivers.

It depends on your license. Some professions must report an arrest or a charge within days, some must report only a conviction, and some have no duty to report between renewals.

Pharmacists must report an arrest, a pending charge, or a conviction within 14 days. Lawyers and educators must report a conviction within 10 days, and a continuance without a finding counts. Nurses have no duty to report between renewals, but a false answer on a renewal form can itself put a license at risk.

Before you report anything, find out exactly what your rule requires, and have a lawyer review what you plan to say. A statement written for a board can become evidence in the criminal case. Our professional license page covers each profession.

Often, yes. A criminal record does not automatically disqualify someone from healthcare work in Massachusetts. Health licensing decisions generally weigh what the offense was, how recent it is, and what the person has done since.

Some limits are firm. For a first nursing license, certain serious felonies are a permanent bar, a conviction within the past five years generally bars licensure with a narrow exception for a single misdemeanor, and an open criminal case at the time of application leads to denial.

An employer or board that has your Massachusetts record must give you a copy before questioning you about it. Sealing can change what many of these checks show, and our record sealing page explains how.

A pending charge alone does not have to be reported, but a conviction does. A licensed educator must notify the Commissioner of Elementary and Secondary Education in writing within 10 days of a conviction, and a continuance without a finding counts.

The Department can act on a crime of moral turpitude, a crime that discredits the profession, or conduct showing unfitness to teach. Before any discipline, it must find probable cause and send written notice, and the educator then has 21 days to request a hearing.

If no hearing request arrives in time, the proposed discipline takes effect, so that deadline matters more than almost any other. A charge does not have to end a teaching career. Our professional license page covers the full process.

A charge can raise a clearance concern before the court case ends. Under the national adjudicative guidelines, criminal conduct can be considered whether or not the person was formally charged, prosecuted, or convicted.

If you hold a clearance, you must report an arrest to your security office, and a lawyer should review how the report is worded. The guidelines treat voluntary reporting and honesty as points in your favor, while leaving something off a security form is a separate concern that is often harder to overcome than the arrest itself.

Clearance decisions look at the whole person. Time, completed probation, steady work, and completed treatment all count, and mental health counseling alone cannot be held against anyone. Our professional license page explains how the criminal case and the clearance fit together.

Yes. Massachusetts OUI law covers operating a vehicle, not just driving it, and a person can be found to be operating a car that never moved. Sitting in the driver's seat and turning the key, starting the engine, or putting the car in gear can all count.

Being found asleep behind the wheel of a parked car with the engine running can be enough for a judge or jury to find operation. It is not automatic, though. The prosecution still has to prove it, and the details matter, such as where you were sitting, where the keys were, and whether the engine was on.

The law also reaches beyond public streets to places the public uses, such as shopping centers, gas stations, and restaurant parking lots. If you were charged after pulling over to rest or warming up a parked car, there are real questions to ask, and our OUI defense page explains how these cases are defended.

Often, yes, but usually not right away. A hardship license lets you drive during the same 12-hour window each day, and the Registry decides whether to grant one. It is never automatic.

If you refused the breath test, the law bars a hardship license during that refusal suspension, with one important exception. If your case ends with the first-offender disposition known as 24D, whether by agreement or after a trial, you can apply as soon as you enroll in the program, even while a refusal suspension from the same arrest is still running.

After a first-offense conviction without 24D, you can request a hearing for a work or school hardship license after three months. Some suspensions carry no hardship option, including an immediate threat suspension issued by the Registry. Our hardship license page walks through who qualifies and how to prepare for the hearing.

The criminal charge is the same one adults face, and the prosecution still has to prove a blood alcohol level of .08 or impairment. What changes is the license. A breath test result of .02 or more, or a refusal, triggers an additional Registry suspension of 180 days, or one year for anyone under 18.

A refusal by a driver under 21 also carries a three-year suspension. If the case ends with a first-offender 24D disposition, the suspension is 210 days instead of the 45 to 90 days adults receive, and a youth education program is required.

There is real room to limit the damage. Entering the state's program for underage drivers can lift the extra 180-day suspension for drivers 18 to 20, or shorten it for younger drivers, and a 24D disposition opens the door to a hardship license. If your son or daughter was arrested, talking with a lawyer before the first court date helps protect both the case and the license.

Massachusetts treats an out-of-state OUI conviction as if it happened here. When the Registry receives notice of the conviction, it applies the same license consequences it would apply to a Massachusetts case.

If the other state suspends your right to drive there, Massachusetts will not issue you a license and will revoke one you already hold. Once that state reinstates you, you can apply to have your Massachusetts license reinstated. An out-of-state OUI also counts as a prior offense if you are ever charged again here, which affects both the penalties and the breath test refusal rules.

These cases involve two states' rules at once, and they can be confusing. We can help you sort out what each state requires so you can get back on the road as soon as the law allows.

Yes, in some cases. Massachusetts OUI law covers impairment from certain categories of drugs, including narcotics, depressants, and stimulants as state law defines them, and a prescribed medication can fall into one of those categories.

The prosecution must prove that the drug actually reduced your ability to drive safely, not just that it was in your system. Not every medication counts, either. The prosecution also has to prove the drug is one the law covers.

How you came to be impaired matters too. If you took a medication as prescribed with no warning and no reason to expect it would affect your driving, that can be a complete defense. Our OUI drugs page covers these cases in more detail.

Not by the alleged victim alone. Once a criminal complaint issues, the case belongs to the Commonwealth, and only the prosecutor can decide to dismiss it. The person who called the police can say they want the case to end, but saying so does not end it.

Massachusetts law also closes a door that exists in some other cases. For certain minor charges, a judge may dismiss when the injured person states in writing that they have been made whole. That option is not available for domestic assault and battery, strangulation, violating a restraining order, or any other charge involving abuse between family or household members.

That does not mean nothing can change. A married person generally cannot be forced to testify against a spouse in a criminal case. And when an important witness will not testify, the Commonwealth has to decide whether it can still prove the case with the evidence it has left.

Please do not ask the other person to drop the case, change their story, or stay away from court, even through a friend or relative. A request like that can lead to a separate felony charge, and it may also violate a no-contact order. Let us talk with you about what can lawfully be done.

Violating a restraining order is a crime of its own, separate from whatever led to the order. A conviction can bring up to two and a half years in a house of correction, a fine of up to $5,000, or both. In most cases the judge must also order a certified batterer's intervention program, even when the case ends with a continuance without a finding.

The order binds you, not the other person. If they call, text, or invite you over, the order still applies, and answering or going back can lead to a charge. Only a judge can change the order, and either of you can ask the court to do that.

The Commonwealth has to prove you knew about the order and its terms. A truly accidental encounter that you end right away is treated differently from contact you chose.

If you have been accused of a violation, do not explain yourself to police and do not reach out to the other person. Call us, and we will look closely at exactly what the order said and what happened.

A mutual order restrains each person from the other, and these orders are uncommon. A judge can issue one only after making specific written findings of fact. The courts' own guidelines say it should happen only when each person has proved they are being abused and each genuinely needs protection.

When both people ask for orders, the judge's real task is deciding who needs protection from whom. Filing your own request in response is not a shortcut. What you write in a sworn affidavit or say at the hearing can be used in a related criminal case, so talk with a lawyer before you file or testify.

If mutual orders do issue, they must be written clearly enough for police to tell who violated which order. Every term still binds you until a judge changes it. Our page on Massachusetts restraining orders explains how these cases work and what to expect at the hearing.

You may use reasonable force to protect yourself when you genuinely and reasonably fear for your immediate safety. Once there is evidence that you acted in self-defense, you do not have to prove it. The Commonwealth must prove beyond a reasonable doubt that you did not.

When the force used was not deadly, the Commonwealth can meet that burden by proving any one of these things: you were not actually afraid; a reasonable person in your place would not have been; you did not take reasonable steps to avoid the fight, such as leaving when you safely could; you used more force than you needed; or you started the confrontation and never clearly backed out of it. Deadly force is judged under a separate test.

Force used to get even, after the danger has passed, is not self-defense. Many people also believe there is never a duty to retreat at home. In fact, the no-retreat rule protects you only against someone who is in your home unlawfully, like an intruder, and even then the force must be reasonable. It does not cover a partner, relative, or roommate who lives there, which is why it rarely helps in a domestic case.

Self-defense cases turn on details: who moved first, where the exits were, what was said. Write down what happened while it is fresh, photograph any injuries, and talk with us before you talk with police. You can learn more about assault and battery charges and defenses.

An assault does not require any touching. It is an attempt to strike someone, or a threatening act meant to make them believe they are about to be struck. Assault and battery adds a touching, however slight, that was intended and either likely to cause harm or done without the other person's consent.

A reckless act that causes an injury can also be an assault and battery. Both charges come from the same law and carry the same maximum penalty: up to two and a half years in a house of correction or a fine of up to $1,000.

The more serious versions, sometimes called aggravated assault and battery, include an assault and battery that causes serious bodily injury, which is a felony. Using a dangerous weapon is a separate and more serious charge.

An accidental bump is not an assault and battery, and self-defense is a complete defense. You can read more about what the Commonwealth has to prove in an assault and battery case.

Do not talk to the police or to the person accusing you, and call a criminal defense lawyer before you do anything else. The time before a charge is when the case is being built, and what you do now matters.

If a detective calls or comes to your door asking for your side, you do not have to answer questions or go to the station. Politely say you want to speak with a lawyer first. Asking for a lawyer is not an admission of anything.

Do not contact the person who made the accusation, and do not ask a friend or family member to reach out for you. Even a message meant to apologize or clear things up can cause serious trouble, because the law makes it a crime to mislead, intimidate, or harass a potential witness, directly or through someone else, at any stage of an investigation.

Keep every text, message, and social media post exactly as it is. Deleting anything, even something that seems harmless, can create serious problems, and those messages are often important evidence for the defense. Stay off social media about the situation.

Being accused is frightening, and the urge to fix it yourself is strong. A lawyer can deal with investigators for you, preserve the evidence that helps you, and in some cases keep a charge from ever being filed. Our guide to facing sexual assault charges walks through each stage.

Offenders are classified into one of three levels based on the risk of reoffense and the degree of dangerousness posed to the public: Level 1 (low risk), Level 2 (moderate risk), and Level 3 (high risk). The classification is determined by the Sex Offender Registry Board (SORB) after an evaluation of each offender's criminal history and other relevant factors.

Not all. Information about Level 1 offenders is not publicly accessible. Information about Level 2 and Level 3 offenders can be accessed by the public, with Level 3 offender information being more widely disseminated due to their higher risk classification.

Knowingly failing to register, failing to verify your information, failing to report a change of address, or knowingly giving false information is a crime in Massachusetts.

Upon a first conviction, the penalty can include up to two and a half years in a house of correction or up to five years in state prison, a fine of up to $1,000, or both. If the judge imposes a house of correction sentence, it must be at least six months.

Upon a second or subsequent conviction, the statute calls for at least five years in state prison. Because the statute does not bar a suspended sentence or probation, that five-year floor applies only if the judge imposes prison time.

Community parole supervision for life can also be added: on a first conviction where the person has a prior conviction for certain listed sex offenses, and on any conviction where the person is a Level 2 or Level 3 offender. Because the crime requires that the failure be knowing, the facts about what you knew matter.

Yes. An offender can challenge a proposed classification at a hearing before the Sex Offender Registry Board, and can then ask a court to review the Board's final classification. If the offender cannot afford a lawyer, the court will appoint one, and the court is required to decide within 60 days. Filing for review does not pause the classification while the case is pending.

For most people, the duty to register lasts 20 years. The clock runs from the conviction or from release from all custody and supervision, including probation and parole, whichever comes last.

Registration lasts for life in a few situations: a conviction for an offense the law treats as sexually violent, which includes rape and indecent assault and battery on a child under 14; two or more qualifying sex offenses committed on different occasions; a court finding that the person is a sexually violent predator; or a lifetime requirement set by the Sex Offender Registry Board.

Your classification level does not set the length. The level decides who can see your information, while the length comes from the offense and your history. Some websites still tie the length to the level, but Massachusetts law does not.

While the duty to register lasts, the underlying record cannot be sealed. The full term is not the only possible outcome, though, because in some cases registration can end early, as the next question explains. Our Sex Offender Registration page covers the process in more depth.

Sometimes, yes. Massachusetts law offers three ways to end the duty to register before the full term runs, and each has its own timing and limits.

The first route is at sentencing. A judge can relieve you of the duty to register if the circumstances of the offense and your record show no risk of reoffense or danger to the public. If you are not sentenced to immediate confinement, the judge must decide this within 14 days of sentencing.

The second route is through the Sex Offender Registry Board. The Board can relieve you of the obligation and remove you from the registry if it finds, in writing, that the offense and your history show no risk of reoffense or danger to the public. You carry the burden of proof, and the Board considers whether anyone was physically harmed and whether the conduct was between consenting adults.

The third route opens after ten years. Once ten years have passed since conviction or release from all custody and supervision, whichever is later, you can apply to the Board to end the obligation. You must show by clear and convincing evidence that you have not committed a sex offense in that time and are not likely to pose a danger to others.

The first two routes are closed to anyone found to be a sexually violent predator, anyone convicted of a sexually violent offense, and anyone convicted of two or more qualifying offenses on different occasions. They are also limited for offenses involving a child.

These decisions turn on evidence, so preparation matters. Treatment, a stable home, and your conduct since the offense are among the things the law tells the Board to weigh, and we can help you gather and present them. Our Sex Offender Registration page explains the Board process.

Yes. Massachusetts law does not stop you from moving, but you must notify the Sex Offender Registry Board at least 10 days before you leave.

The Board passes the change to the police where you last registered and where the offense happened, and to the FBI. It also tells you about your duty to register in the new state and sends your registration information to law enforcement there.

From that point, the new state's rules apply, and they can differ a great deal from ours. Check them with a lawyer licensed in that state before you commit to a move.

Moving does not always end your Massachusetts obligations. If you still work here, attend a college or university here, or keep a place you regularly stay in Massachusetts, the duty to register here continues.

Knowingly failing to give notice of a move is a crime, even when the move itself is lawful. With notice given on time, a move can go smoothly, and we can walk through the timing with you before you go. Our Sex Offender Registration page covers your ongoing duties.