When it comes to criminal defense, you need a lawyer who knows the subject matter inside and out and who knows how to try cases because it could make the difference between freedom and incarceration.

Experience:

 

Private Practice, 2005-present.  Successfully defended numerous cases.  Obtained not-guilty verdicts in drug trafficking, sexual assault, assault and battery and larceny cases

Assistant District Attorney, Berkshire County, 1999-2005.  Successfully prosecuted numerous cases in Juvenile, District and Superior Courts and introduced innovations such as digital media presentations for trials.  Experienced prosecutors often make the best criminal defense attorneys; we know how the other side is thinking!

Process Overview

District Court and Superior Court are the two types of state courts in which crimes are prosecuted, and federal prosecutions are brought in Massachusetts in either the Federal District Court in Springfield or Boston.            

Superior Court is where the county district attorney prosecutes mostly major felonies. Superior Court has jurisdiction over all crimes, but the allocation of resources generally dictates that the Commonwealth reserves Superior Court for only the most major cases. If one is charged with a felony in Superior Court, state prison is an option, and sentences run longer than they do in District Court generally. 

Most cases are prosecuted in District Court, where misdemeanors are usually handled and even some felonies for which there is concurrent jurisdiction. If one is prosecuted in District Court, state prison is not an option. 

 

Felonies Vs. Misdemeanors: 

The difference between a felony and a misdemeanor is that, with a felony, one can be incarcerated for more than two and one-half years on a given charge. In such cases, statutes generally provide for incarceration in a house of corrections for up to 2 1/2 years or state prison for up to a set term of years, usually five or ten or life.

 

Arraignment to Trial:

• Complaint vs. Indictment: Generally, there are two ways in  which a criminal case is brought to court. One way is by a District Court complaint. In order for a complaint to issue, a clerk magistrate must find probable cause to believe a person committed a crime. The clerk makes that determination either by reviewing a police report involving a felony or by way of a "show-cause" hearing. In addition to the police, civilians also have the right to apply for a criminal complaint. In such cases, the clerk-magistrate always schedules a show-cause hearing before issuing the complaint.  The other way a case might get into court is by way of indictment. Through this procedure, a "grand jury" of 24 persons convenes and hears evidence presented by a prosecutor. If the grand jury find probable cause to believe an individual committed a crime, they issues a "true bill," and the person is "indicted." After an indictment, the person is scheduled for arraignment in Superior Court. Sometimes a case will begin in District Court and then transfer to Superior Court after an indictment.  It is advisable to have an attorney if you are arrested, summoned to a show-cause hearing, summoned to a grand jury proceeding or summoned directly to court for an arraignment.

• Arraignment: This is when defendant is advised of the charges that have issued against him or her and of the right to an attorney.  If you qualify financially, the court will appoint you a lawyer.

• Pre-trial Hearing: At this point a defendant must usually elect to plead guilty or go to trial or advise the court that he or she intends to file motions.

• Trial: In the Commonwealth, a defendant has the right to a trial by jury.  In Superior Court the jury consists of 12 persons plus two alternates.  In District Court, the jury consists of six persons plus one alternate.  The jury must be unanimous in its verdict of either guilty or not-guilty.    In the alternative, one may elect a jury-waived trial before a judge instead of a jury.  A good trial lawyer will take the appropriate steps to ensure that inadmissible evidence is kept out of the trial and that all exculpatory evidence is presented to the jury.  A skilled lawyer will provide a solid theory of the case, know whether the defendant should testify or not, and effectively cross-examine the Commonwealth witnesses.

• Appeal: In the event of a guilty verdict, one may appeal a conviction on the basis of an error of law.