Criminal Law Frequently Asked Questions (FAQs)

A criminal defense lawyer represents individuals charged with crimes in the District and Superior Courts in the Commonwealth of Massachusetts. You should contact a criminal defense attorney if you or someone close to you is facing a criminal investigation, a Clerk Magistrate's Hearing, a criminal arraignment, a Restraining Order, or a DCF investigation.

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 2.5 years. Felonies are more serious crimes punishable by imprisonment in state prison for more than 2.5 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 (and throughout the U.S.), you generally have the right to remain silent and are not required to speak to police during an investigation or arrest. You have a Fifth Amendment right against self-incrimination. You cannot be forced to answer questions that might incriminate you. If you're 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).

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.

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'll 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.

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, no charges filed). More information can be found here: https://www.kevinrcollinslaw.com/criminal-defense/expungements/

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 mostly criminal defense. However, cases sometimes overlap with other issues. As a result, I often represent clients in harassment prevention order hearings, abuse prevention order hearings, petitions to seal criminal records, DCF Fair Hearings, and petitions to withdraw a plea for immigration purposes.

I have successfully handled nearly every type of criminal case in the Massachusetts justice system. I have obtained dismissals for my clients in the pretrial phase based on Motions to Dismiss and Motions to Suppress. In addition, I have negotiated for reduced charges and penalties on countless cases. Finally, when needed, I have represented many clients in trials throughout the Commonwealth. These trials range from assaults and batteries, operating under the influence, to sexual assault, and kidnapping. Client reviews of my representation can be found here.

I have represented clients in the vast majority of courts throughout the Commonwealth of Massachusetts. Because of the amount of time I have spent in each court, I am very familiar with the Judges, the court staff, the probation officers, and the prosecutors in each courthouse. I have relationships with Judges and prosecutors in both District and Superior Court. I regularly speak with the prosecutors in court as well as their supervisors.

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.