Criminal Defense Questions

Additional Information:

I’ve been dating this guy for about 4 months and found out he is dealing drugs. I’ve never been part of any of it, but I suspected it and just recently found out for sure when someone he obviously didn’t know came to his apartment in Boylston and there was an exchange.  I don’t want to get into any trouble and I don’t want him to get in any trouble.  Do I legally have to tell the police what I know?

ATTORNEY ANSWER:

This is very serious issue and you should definitely not speak to the police who if you provide evidence may also charge you with conspiracy. You should speak to legal counsel who can advise you regarding this matter to avoid legal action against you.  [Read more...]

Additional Information:

My friend and I got into a fight outside a bar in Berlin.  The police witnessed it and arrested us both for assault but neither wants to press charges against the other. So, is there anything we can do, like refuse to press charges so the whole thing goes away?

ATTORNEY ANSWER:

Unfortunately once the matter is in the Commonwealth’s hands, the District Attorney has the power to decide to prosecute and may do so if he has enough evidence to do so. There are a number of things that you both may do to avoid prosecution but you should speak to an attorney about a possible accord and satisfaction or a decision to invoke the 5th Amendment right not to testify or provide evidence. Under no circumstance should you try to negotiate with the District Attorney without legal counsel. [Read more...]

Additional Information:

My 17 year old daughter was caught for shoplifting at the Natick Mall.   She has never been in trouble with the law before and I was shocked she would try to steal a $20 DVD.  I thought it was handled by the store manager, but Natick police got involved and now she has to appear for a hearing.  She’s only 17 and has her whole life ahead of her.  I’d hate for this poor decision to follow her for the rest of her life. What’s the best way to handle this?

ATTORNEY ANSWER:

I would advise you to hire a criminal attorney familiar with the court system. While shoplifting cases are misdemeanors and it would not be likely to involve any harsh penalty, it would be very important to keep your daughter’s record clean as it may affect her for the rest of her life.  [Read more...]

Additional Information:

Our son is a freshman in college at a Boston school and was home visiting for the holiday break.  While out with some friends he was arrested by the Sudbury police for possession of a small amount of cocaine. My wife and I want the best possible result for him and are contemplating hiring an attorney to defend him, but we’re not sure if it’s worth it.  Will he just end up with the same type of plea bargain?

ATTORNEY ANSWER:

Wouldn’t it be a shame to find out years from now that you should have hired an attorney to investigate and determine what defenses might be available to him. I often get calls from individuals who come to me years after the event and try to correct a situation that might have been remedied at the time. You should always hire an attorney when there is a serious charge like drug possession. That attorney would investigate whether your son has valid legal defenses and can advise you regarding the possible ramifications of any plea deal.  [Read more...]

Additional Information:

My 22-year old daughter was involved in a minor accident in a shopping plaza in Framingham, MA.  She doesn’t know if she caused damage to the parked car she hit.  She left the parking area without leaving her contact information and now she’s wondering what she should do.  Can you please explain the law in this situation and her legal responsibilities? Thanks.

ATTORNEY ANSWER:

It is a crime to leave the scene after knowingly causing personal injury or property damage. There may be extenuating circumstances and she should contact a lawyer to discuss the facts of her case in order to determine how best to handle any charges that may be pending. [Read more...]

Additional Information:

What is the difference between a felony and a misdemeanor in Massachusetts? Does it have to do with whether you can go to jail or not if you get convicted or is it some other factor? Thanks.

ATTORNEY ANSWER:

Generally speaking the difference between a felony and a misdemeanor is the amount of time one would serve. A felony which is more serious  would be served in a state’s prison. A misdemeanor would be served in a house of correction or a jail. A felony charge would include crimes like murder, rape assault and battery with a dangerous weapon. A misdemeanor charge would include crimes like driving under the influence,larceny under $250.00 and a simple assault. [Read more...]