Frequently Asked Questions

In Massachusetts, you generally have the right to remain silent and are not required to speak to police during an investigation or arrest. You cannot be forced to answer questions that might incriminate you. If you are arrested, police must read you your Miranda rights which include the right to remain silent and the right to an attorney. You can invoke these rights at any time even if you initially started answering questions. Despite these rights, there are certain things you must do when faced with a police interaction. You must provide basic identification information in certain situations (like your name during a traffic stop). In addition, you must comply with lawful orders (like stepping out of a vehicle during a traffic stop). For more information on this, be sure to consult Attorney Kevin R. Collins' article and video guide, "The Miranda Warning: What You Need To Know."

A criminal defense lawyer in Massachusetts protects your rights when you are facing criminal charges or under investigation. Among many responsibilities, a criminal defense attorney will advise you during police investigations and communicate with law enforcement on your behalf, analyze evidence and identify weaknesses in the prosecution's case, and represent you at arraignment, hearings, and trial. They will negotiate with prosecutors for reduced charges, favorable plea agreements, or case dismissal. In many cases, defense attorneys will file motions to suppress evidence or dismiss charges. Finally, defense attorneys are necessary to conduct trial proceedings including jury selection, witness examination, and arguments.

You should contact a criminal defense attorney immediately if you have been arrested or charged with a crime, police want to question you, you receive a summons or a court notice, or you are under investigation. The sooner you involve an attorney, the better. Early representation allows your lawyer to preserve evidence, prevent damaging statements, and potentially intervene before charges are filed. Even seemingly minor charges can result in jail time, fines, and a criminal record that affects employment, housing, and professional licensing. You should not delay even for misdemeanors. What seems minor can have serious long-term consequences.

Miranda rights are often misunderstood. Police officers are not required to read Miranda warnings in every interaction with a suspect. The requirement to provide Miranda warnings applies only when two conditions are both present: (1) the suspect is in custody, and (2) the suspect is being interrogated. Whether a person is "in custody" for Miranda purposes depends on the specific circumstances and is subject to legal interpretation. Generally, custody exists when a reasonable person would not feel free to leave. Common examples include being handcuffed, placed in a police cruiser, detained at a police station, or held in a jail cell. Massachusetts case law provides guidance for determining custody on a case-by-case basis. "Interrogation" refers to questioning or conduct by law enforcement that is reasonably likely to elicit an incriminating response. If a suspect voluntarily offers a statement without prompting or questioning from police, it is not considered the product of interrogation. Interrogation typically involves direct questioning by officers, though it may also include other tactics designed to provoke a response. Again, Massachusetts case law applies to each situation individually. If you were in custody and subjected to interrogation without being advised of your Miranda rights, any statements you made may be suppressible in court. An attorney can evaluate whether your rights were violated and file a motion to exclude those statements from evidence. A full article and video guide on this issue are viewable here.

If a person is investigated for a crime or interacts with the police, but is not arrested and taken into custody, they may receive a summons in the mail to appear in court for arraignment. The arraignment is the first stage in the criminal court process. The arraignment is the first date in which you will appear in court. The charges you face will be read aloud, and you will be asked to enter a plea, traditionally a Not Guilty plea.  At your arraignment, you will be provided with several documents. The Complaint is the formal document which lists the charges against you, the date on which those offenses are alleged to have taken place, and the maximum punishment for those charges. The police report details the investigation undertook by the police agency responsible for filing charges against you. In some cases, you will receive a copy of your criminal record. In many instances, the prosecution will request certain conditions be met in order for you to be released from the courthouse. Conditions may include that you stay away or refrain from contacting a certain person,that you remain drug or alcohol free, that you submit to drug or alcohol screening tests, and that you post bail in order to avoid being placed in custody pending the outcome of your case.

If the prosecutor asks that you post bail, an attorney may argue for you on your behalf. The Judge will determine if you will be required to post bail and how much you will be required to post.  After the court has determined what conditions will be required for your release from the courthouse, your case will be scheduled for another court date on which your attorney will request evidence and documents pertaining to your case.

There is much work which can be done at arraignment by an experienced attorney. Whether it is advocating for you with respect to required conditions, preventing you from having to post bail, beginning negotiations with the prosecutor regarding your case, or even having your case dismissed, there is no substitute for an attorney who is experienced in criminal cases. If you are facing your first time in court, be sure to review Attorney Collins’ publication, "5 Reasons Not To Represent Yourself In Criminal Court In Massachusetts.“

A Clerk Magistrate's Hearing is a pre-arraignment proceeding where a Clerk Magistrate determines whether probable cause exists to issue a criminal complaint. This hearing offers an opportunity to resolve the matter before formal charges are filed. A police representative or complaining party will present the allegations. You may cross-examine witnesses, present evidence, and testify on your own behalf. The Clerk Magistrate may ask clarifying questions. The Clerk Magistrate then determines whether probable cause exists and, if so, how to proceed. They may issue a criminal complaint requiring you to appear in court, or they may decline to issue a complaint effectively resolving the matter. In some cases, the Clerk may impose conditions that prevent a complaint from being issued. An attorney can significantly impact the outcome by preparing your testimony, cross-examining witnesses, presenting evidence, and advocating for a resolution without formal charges. More information on Clerk Magistrate's Hearings is available here.

In Massachusetts, the key differences between misdemeanors and felonies are severity and punishment. Misdemeanors are less serious crimes typically punishable by fines and/or imprisonment in a county jail or house of correction for up to 2 1/2 years. Felonies are more serious crimes punishable by imprisonment in state prison for more than 2 1/2 years (often much longer including life sentences for the most serious offenses). The place of incarceration is a major practical distinction in Massachusetts. Misdemeanors lead to county-level facilities (houses of correction). Felonies result in state prison sentences.

In Massachusetts, bail is determined through a process that balances ensuring the defendant appears in court with constitutional protections. When setting bail, judges look at several factors including the nature and circumstances of the offense, your criminal history and record of court appearances, your ties to the community (family, employment, residence), the danger you might pose to others or the community, the likelihood you will appear for future court dates, and your financial resources and ability to pay. Massachusetts courts can order several types of release. The Judge can release you on your personal recognizance, which requires no posting of money, just a promise to appear. The Judge can order that you pay cash bail. In addition, the Judge can order conditions of your release which include restrictions like GPS monitoring, no-contact orders, or drug testing.

Criminal charges can jeopardize employment particularly in fields such as healthcare, law, the military, education, and government, where convictions may result in termination or loss of professional licenses. Review your employment contract, employee handbook, or licensing requirements to determine your reporting obligations. It is critical to distinguish between being charged with a crime and being convicted. Some employers require notification only upon conviction while others require disclosure of pending charges. Being charged with a crime does not mean you will be convicted. Massachusetts offers several resolution options including pretrial diversion, continuances without a finding, and dismissals that allow cases to be resolved without a formal conviction. These outcomes may enable you to state truthfully you have not been convicted of a crime.

Missing a court date in Massachusetts can have serious consequences. If you fail to appear for a scheduled court date, the judge will usually issue a warrant called a "default warrant" immediately. If you were out on bail, you or the person who paid your bail will forfeit that bail money. A default will be entered on your criminal record. Based on that default, the police can arrest you on the warrant at any time: during a traffic stop, at your home, or anywhere else. When you are arrested on a warrant, you may be held without bail or face a much higher bail than originally set. Your case will then proceed, but you will have lost significant credibility with the court which can affect sentencing if convicted. If you missed court due to a legitimate emergency (medical emergency, car accident, family crisis), you should contact a lawyer immediately. That lawyer can file a motion to remove the default and recall the warrant. You should obtain and provide documentation of the emergency to your lawyer and the court. The judge may excuse the default if you have good cause and act quickly.

Yes, criminal records can be sealed in Massachusetts though the process and eligibility depend on the type of offense and how much time has passed. Sealing means the record still exists but is hidden from most public background checks (though law enforcement and some agencies can still access it). Expungement, when allowed, completely destroys the record. Massachusetts has very limited expungement, mostly for cases involving wrongful convictions, identity theft, or certain juvenile offenses. You may petition to seal records after waiting 3 years for most misdemeanor convictions (from the date of conviction or release from custody, whichever is later). You must wait 7 years for most felony convictions. No waiting period exists for cases that resulted in no conviction (dismissed, not guilty, or no charges filed). More information can be found here.

I have been practicing law since 2005. Specifically, I was a prosecutor for 9 years in both the District and Superior Courts. I have been a criminal defense attorney for 10 years. I have represented hundreds and hundreds of clients in District and Superior courts throughout the Commonwealth of Massachusetts.

My practice is primarily focused on criminal defense. However, many matters involve related legal issues, and I regularly represent clients in harassment prevention order hearings, abuse prevention order hearings, petitions to seal criminal records, DCF Fair Hearings, and petitions to withdraw pleas for immigration-related purposes.

I have extensive experience handling a broad range of criminal matters within the Massachusetts justice system. I have successfully secured dismissals at the pretrial stage through motions to dismiss and motions to suppress, and I have negotiated reduced charges and penalties in a significant number of cases. When litigation is necessary, I regularly represent clients at trial throughout the Commonwealth. My trial experience includes cases involving assault and battery, drug charges, financial crimes, firearms offenses, kidnapping, operating under the influence, and sexual assault. Be sure to consult the Client Reviews section of this website.

I have represented clients in the vast majority of courts throughout the Commonwealth of Massachusetts and have spent substantial time practicing in both District and Superior Courts. As a result, I am intimately familiar with local judges, court staff, probation officers, and prosecutors, as well as the procedures unique to each courthouse. I maintain professional working relationships with prosecutors and regularly communicate with them and their supervisors in the course of representing my clients.

This represents one of the most critical and nuanced decisions in criminal defense representation. Trial inherently carries risk. Whether before a jury or judge, the outcome is never entirely predictable. The decision to proceed to trial requires careful analysis of multiple factors: what evidence will be admissible, how that evidence is likely to be perceived by the fact-finder, and the realistic probability of acquittal or conviction. This assessment must be balanced against the potential consequences of an adverse verdict. In many cases, negotiating a plea agreement can secure a more favorable outcome than the sentence that might be imposed following a guilty verdict at trial. The strength of the prosecution's case, available defenses, mitigating circumstances, and the client's priorities all factor into this calculus. Ultimately, these decisions are made collaboratively with the client. My role is to provide thorough legal analysis, explain the risks and benefits of each option, and ensure the client is fully informed. The final decision rests with the client, and my goal is to empower them to make the choice that best serves their interests and circumstances.

I stay current on changes in criminal law and local court practices through several approaches. Massachusetts requires attorneys to complete continuing education courses with programs often focused on recent legal developments. I attend specialized criminal law seminars and conferences that cover new statutes, case law, and practice trends. I also complete online courses that provide flexibility while maintaining expertise. In addition, I belong to a number of professional organizations that ensure I am up to date on the latest developments in criminal law. Membership in groups like the Massachusetts Bar Association and the Massachusetts Association of Criminal Defense Lawyers provide newsletters, practice alerts, and networking opportunities with colleagues who share information about local developments. Finally, I subscribe to legal databases with alert systems for new cases and statutory changes. By reading legal journals, practice guides, treatises specific to Massachusetts criminal law, and reviewing appellate court decisions, particularly from the Massachusetts Supreme Judicial Court and Appeals Court, I make sure I know everything I can to stay informed and provide the most up to date service for my clients.

My practice primarily operates on a flat-fee basis rather than hourly billing. This means that a single agreed-upon fee covers all aspects of representation including client consultations, evidence review, legal research, motion practice, and court appearances throughout the pre-trial phase of your case. For matters that proceed to trial, I may structure the fee arrangement in two components: a pre-trial fee and a separate trial fee. Should we determine that proceeding to trial is in your best interest, the trial fee reflects the substantial additional preparation, time, and resources required for effective trial advocacy. This includes witness preparation, jury selection, trial strategy development, and the trial itself. This fee structure provides transparency and predictability, allowing clients to understand their financial commitment from the outset. During our initial consultation, I will provide a detailed explanation of the fee arrangement specific to your case and circumstances. I accept cash, check, credit card and Venmo. Credit card and Venmo payments may be made securely through my website payment portal here.

Certain cases require the retention of specialized professionals to build a comprehensive defense strategy. This may include private investigators to gather evidence, interview witnesses, or conduct background research, as well as expert witnesses who can provide technical analysis or testimony in areas such as forensics, medicine, accident reconstruction, or other specialized fields. These professionals bill independently for their services typically on an hourly basis. I maintain working relationships with highly qualified investigators and expert witnesses who provide exceptional work at reasonable rates. When such services become necessary, I will discuss the anticipated costs and benefits with you in advance ensuring that any additional expense is justified by its potential impact on your case. My goal is to assemble the strongest possible defense team while remaining mindful of cost-effectiveness so that you receive the highest quality representation without unnecessary expenditure.

I provide a complimentary consultation to all prospective clients. This initial meeting allows us to evaluate your case thoroughly and determine the best path forward. During the consultation, I review relevant documents such as police reports, charging documents, and any other pertinent materials you can provide. We will discuss the specifics of your situation, and I will explain the legal process, assess the strengths and weaknesses of your case, and outline a preliminary defense strategy. This conversation also provides an opportunity for you to ask questions, understand your options, and determine whether my approach aligns with your needs and expectations. The consultation is an essential first step in building an effective attorney-client relationship and ensures that you have the information necessary to make informed decisions about your legal representation.

Maintaining clear and consistent communication with my clients is a cornerstone of my practice. I understand that facing criminal charges is inherently stressful, and uncertainty about case developments can compound that anxiety. Many clients have shared that inadequate communication from other attorneys was a significant source of frustration during an already difficult time. I am committed to keeping clients informed throughout every stage of their case. As new information becomes available, whether it is a court date, a development in negotiations, or a change in strategy, I provide timely updates via email or text message. For matters requiring more detailed discussion, I schedule phone conferences to ensure clients fully understand the implications and can ask questions in real time. When circumstances warrant, I meet with clients in person at my office to review evidence, discuss documentation, and refine our defense strategy collaboratively. These meetings provide an opportunity for thorough preparation and ensure that clients feel confident and prepared as their case progresses. Former clients have consistently cited my responsiveness and commitment to communication as one of the most valuable aspects of my representation. I believe that an informed client is an empowered client, and I prioritize accessibility and transparency in all my professional relationships.

In Massachusetts, being charged and being indicted are two different ways criminal cases can begin.
Being charged via a criminal complaint takes place when a Clerk Magistrate issues a complaint after finding probable cause in a police report. This is the most common way cases start used for misdemeanors and many felonies. When cases are charged like this, they begin in District Court with an arraignment. Cases like this can still later be transferred to Superior Court if it is a serious felony.

Being indicted happens when a grand jury reviews evidence presented by a prosecutor and votes on whether probable cause exists. This process is used strictly for serious felonies. When a case proceeds by this process, it goes directly to Superior Court bypassing District Court. You cannot present a defense during grand jury proceedings.

The key difference between these two processes is that indictments are reserved for the most serious felonies and go straight to Superior Court, while complaints are used for most criminal cases and start in District Court.

Probation is a court-ordered period of supervision instead of, or in addition to, jail or prison time. Probation is imposed at sentencing as an alternative to incarceration or after serving part of a sentence. It is supervised by the Massachusetts Probation Service and a specific Probation Officer will be assigned to your case file. Being on probation requires compliance with specific conditions set by the judge which may include: regular check-ins with a probation officer, drug or alcohol testing, completing community service, treatment programs, or educational courses. Probation conditions may also require avoiding contact with certain people or places, maintaining employment, and paying fines, fees, or restitution. Violating probation conditions can result in additional penalties, including incarceration.

A court-appointed lawyer is provided and paid for by the government when a person cannot afford to hire their own attorney, and eligibility is based on income and financial circumstances. These lawyers, often public defenders or assigned counsel, are usually very experienced in criminal law and familiar with local courts and judges, but they typically handle many cases at once which can limit the amount of time they can spend on any single case, and the defendant usually does not get to choose which lawyer is assigned. A private defense attorney, on the other hand, is hired and paid for directly by the defendant or their family, allows the client to choose their lawyer, and often has more flexibility and time to focus on the case as well as the ability to hire investigators or experts if the client can afford it. While private attorneys can be expensive, it is important to understand that a court-appointed lawyer is not necessarily less skilled; the main differences between the two are cost, choice, and the amount of individualized attention available rather than overall competence. Be sure to review Attorney Kevin R. Collins' article and video guide, "Should I Accept a Court Appointed Public Defender or Hire a Private Criminal Defense Attorney?"

Yes, you generally have the right to change lawyers if you are not satisfied with your current representation though there are some important considerations. It is easiest to change attorneys early in your case when there are fewer time constraints and complications. If your attorney is not returning your calls, not keeping you informed, nor consulting with you about important decisions, you may have grounds to seek new representation. You have the right to work with someone you trust and feel comfortable with. If you have lost confidence in your attorney, that may be grounds to change lawyers. Finally, any situation that compromises your attorney's ability to represent you effectively is a valid reason to change counsel. Court approval may be required to change lawyers. If your case is close to trial or a major hearing, the judge may need to approve the change to avoid delays. Courts are less likely to grant a change if it would significantly postpone proceedings. If you paid your original attorney a flat fee, you may not be entitled to a full refund, depending on how much work they have already completed. Review your fee agreement carefully. Changing attorneys late in the process can be disruptive. The new attorney will need time to review your case which may cause delays. If you have a court-appointed attorney and want to request a new one, you must show the judge good cause for the change such as a serious breakdown in communication or a conflict of interest. If you decide to change attorneys, notify your current lawyer in writing and formally retain new counsel. Your new attorney can assist with filing the necessary paperwork to substitute representation with the court.

Your appearance in court matters because it shows respect for the legal process and can influence how you are perceived by the judge, prosecutor, and jury. These are some general guidelines that everyone should consider. Dress professionally and conservatively. Men should wear dress pants, and a collared shirt. If you have one and feel comfortable, a tie and blazer are best. Women should wear dress pants or a skirt with a blouse, or a conservative dress. You should avoid casual clothing such as jeans, t-shirts, sneakers, sandals, shorts, or athletic wear. Avoid clothing that is revealing, has offensive language or graphics, or draws unnecessary attention. Remove hats and sunglasses when entering the courthouse. The goal is to present yourself as someone who takes the proceedings seriously. Your behavior in court is equally important. Be respectful. Address the judge as "Your Honor" and stand when the judge enters or leaves the courtroom. Be punctual. Arrive early to allow time for security screening and to find the correct courtroom. Stay calm and composed. Avoid emotional outbursts, arguing, or interrupting. Let your attorney speak on your behalf. Listen carefully. Pay attention to everything that is said and follow your attorney's guidance. Turn off your phone. Silence all electronic devices before entering the courtroom. Using your phone in court can result in contempt charges. Do not chew gum, eat, or drink (except water, if permitted). Be honest. If you are asked to testify, tell the truth. Lying under oath is perjury and a separate crime. More information on this is available in Attorney Kevin R. Collins' article and video guide, "5 Things to Know When Appearing in Front of a Judge in Massachusetts."