Massachusetts Criminal Lawyer
Being charged with a crime, or learning that someone has applied for a criminal complaint against you, can put your job, your license, your family and your immigration status at risk. Botelho Law Group represents people facing criminal charges across Massachusetts. Attorney Botelho is a former Massachusetts Assistant District Attorney, so he knows how cases are charged, negotiated and tried from the prosecutor's side. Free consultation in English, Portuguese or Spanish.
Our criminal law services
How a former prosecutor helps your defense
Attorney Botelho has been a Massachusetts attorney since 2001 and served as an Assistant District Attorney before founding Botelho Law Group. That experience matters in a criminal case:
- He knows how prosecutors evaluate cases, including what evidence they need and where cases are weak.
- He understands how charging and plea decisions are made, which helps in negotiating dismissals, reduced charges and alternative outcomes.
- He knows the courtroom procedures in Massachusetts District and Superior Courts, from arraignment to trial.
- He sees the immigration side. He also handles immigration cases, so he understands how a criminal outcome can affect a green card, a visa or citizenship.
No lawyer can promise a result. What a client can expect is a careful review of the evidence, a clear explanation of the options and a strategy aimed at the outcome that protects them best.
Cases we handle
- OUI (operating under the influence) of alcohol or drugs
- Motor vehicle crimes, such as operating after suspension, leaving the scene and reckless operation
- Assault and battery, including domestic assault and battery
- Drug offenses, including possession and distribution
- Theft, shoplifting and property crimes
- Disorderly conduct, trespass and other misdemeanors
- Restraining order (209A) and harassment prevention order (258E) cases
- Show cause hearings before a clerk-magistrate
- Traffic violations and license suspension matters
How a criminal case moves through Massachusetts courts
Most criminal cases in Massachusetts begin in the District Court. More serious felonies may be indicted by a grand jury and heard in the Superior Court.
1. Complaint or arrest
A case starts when police arrest someone or apply for a criminal complaint. For many misdemeanors where the person was not arrested, the accused has a right to a show cause hearing before a clerk-magistrate before any complaint issues.
2. Arraignment
At arraignment, the charges are read in court, a plea of not guilty is entered, and the court decides on release. The prosecutor may ask for bail, conditions of release or, in some cases, a dangerousness hearing. Having a lawyer at arraignment matters because release decisions are made that day.
3. Pretrial conference and discovery
The defense receives police reports, witness statements, video and other evidence. The lawyer and the prosecutor discuss the case, and many cases are resolved at this stage.
4. Motions
The defense may file motions to dismiss a complaint that lacks probable cause, to suppress evidence obtained in an unlawful stop or search, or to obtain more evidence.
5. Trial
A defendant can choose a trial before a judge alone or before a jury. In the District Court, juries have six members. The prosecution must prove every element of the charge beyond a reasonable doubt.
6. Disposition
If the case is not dismissed or tried to an acquittal, it may end in pretrial probation, a continuance without a finding, a guilty finding, or a plea to a reduced charge, sometimes with probation conditions.
Possible outcomes
| Outcome | What it means |
|---|---|
| Dismissal | The case ends without a finding. A dismissal may be by agreement, after a motion, or after conditions are met. |
| Pretrial probation | The case is paused for a period, often with conditions. If the conditions are met, the case is dismissed. |
| Continuance without a finding (CWOF) | The defendant admits there are sufficient facts, but no guilty finding is entered. If probation is completed, the case is dismissed. |
| Not guilty | After trial, the judge or jury finds the prosecution did not prove the charge. |
| Guilty | A conviction enters, with a sentence that may include fines, probation or incarceration. |
A CWOF is not a conviction under Massachusetts law, but it can count as a conviction for immigration purposes and can have other consequences, such as license loss in an OUI case. Every option should be weighed with its full consequences.
OUI charges
OUI cases have both a criminal side and a license side. Refusing a breath test generally triggers an automatic license suspension, while a test result at or over the legal limit carries its own suspension. Many first-offense cases are eligible for an alternative disposition that includes an alcohol education program and a shorter license loss. Later offenses carry much more serious penalties.
Important questions in an OUI case include whether the stop was lawful, how field sobriety tests were given, whether the breath test machine was properly maintained, and what video shows. We review all of it.
Immigration consequences of criminal cases
For anyone who is not a U.S. citizen, a criminal case can affect a green card, a visa, a pending application or future citizenship. Some outcomes that seem minor in criminal court, including some CWOFs and some misdemeanors, can make a person deportable or inadmissible under federal immigration law.
Criminal defense lawyers must advise non-citizen clients about the immigration consequences of a plea. Because Botelho Law Group also handles immigration cases, we look at both sides before any plea is entered.
Collateral consequences
A criminal case can affect more than the sentence:
- Driver’s license suspensions
- Employment and professional licenses
- Housing applications and public housing
- Firearms licenses
- School and financial aid
- Child custody and family court matters
- Immigration status
We discuss these consequences with you before you decide how to resolve a case.
Sealing a criminal record
Massachusetts allows many criminal records to be sealed. Dismissed cases and cases ending in a not guilty finding can often be sealed right away by a judge. Convictions can usually be sealed after a waiting period with no new offenses, generally three years for misdemeanors and seven years for felonies, with some exceptions. Some offenses committed before age 21 can be expunged. A sealed record does not appear on most background checks, though some agencies, including immigration authorities, can still see it.
If you are under investigation or charged
- Do not talk to the police about the case without a lawyer. You have the right to remain silent.
- Do not consent to searches of your car, home or phone. Do not physically resist, but say clearly that you do not consent.
- Write down what happened while it is fresh, and keep it private.
- Save evidence, such as texts, photos, receipts and names of witnesses.
- Do not contact the alleged victim, especially if there is a no-contact order.
- Go to every court date. Missing court can lead to a warrant.
- Talk with a lawyer before arraignment or a show cause hearing if you can.
Bail and release
At arraignment, the judge decides whether the defendant will be released and on what terms. For most charges, the defendant is released on personal recognizance, meaning a promise to return to court. The prosecutor may ask for cash bail or conditions such as no contact with a witness, staying away from a place, or GPS monitoring. For certain serious charges, the prosecutor can ask for a dangerousness hearing, which can lead to holding a person without bail for a limited time.
A lawyer at arraignment can present information about your ties to the community, your job, your family and your record to argue for release on reasonable terms.
Felony cases in the Superior Court
More serious felonies, such as those carrying long state prison sentences, are usually presented to a grand jury. If the grand jury returns an indictment, the case is arraigned and tried in the Superior Court. Superior Court juries have twelve members, and the possible sentences are much higher. Some felony cases stay in the District Court, where the maximum sentence is lower.
Common mistakes after an arrest
- Talking to the police or the alleged victim about the case
- Posting about the case on social media
- Missing a court date, which can lead to a warrant
- Violating release conditions, such as a no-contact order
- Accepting a plea at arraignment without understanding the consequences
- Assuming a CWOF or a minor plea has no immigration effect
Families of people who are charged
When a family member is arrested, relatives often call first. We can explain how arraignment and release work, what to bring to court, and how to help without creating new problems, such as contacting witnesses. Our bilingual staff can explain the process in Portuguese or Spanish to family members.
Clients from Portugal, Brazil, Cape Verde and Latin America
Many of the people we represent, and their families, speak Portuguese or Spanish at home. Court is stressful enough without a language barrier. Courts provide interpreters for hearings, and our bilingual staff can help you understand the charges, the paperwork and your options in your own language before each court date.
How we help
- Free consultation. We review the charges, the police report and your goals, in English, Portuguese or Spanish, and explain the cost.
- Case review. We examine the evidence for weaknesses and legal defenses.
- Court representation. We appear at arraignment, hearings, motions and trial.
- Negotiation. We work toward dismissals, reduced charges and outcomes that protect your record.
- Immigration review. We check how each possible outcome affects non-citizen clients.
- Record sealing. We help seal eligible records after the case.
Frequently asked questions
Should I talk to the police if I did nothing wrong?
Talk with a lawyer first. Statements can be misunderstood or used against you, even when you are innocent.
What happens at an arraignment?
The charges are read, a not guilty plea is entered, and the court decides on release and any conditions.
What is a show cause hearing?
A hearing before a clerk-magistrate to decide whether there is probable cause to issue a criminal complaint. It is often the best chance to stop a case before it starts.
What is a CWOF?
A continuance without a finding. The defendant admits there are sufficient facts, but no guilty finding enters, and the case is dismissed after probation. It may still count as a conviction for immigration purposes.
Will a criminal case affect my immigration status?
It can. Some outcomes make a person deportable or inadmissible. Talk with us before entering any plea.
Can I get my record sealed?
Many records can be sealed, either right away for dismissals and not guilty findings, or after a waiting period for convictions.
Do I need a lawyer for a misdemeanor?
A misdemeanor can still bring a criminal record, license loss, immigration problems and other consequences. Legal advice is worth getting before you decide how to proceed.
What happens if I miss a court date?
The court can issue a default warrant for your arrest. Contact a lawyer right away to ask the court to remove the warrant and reschedule the case.
Does Attorney Botelho have experience as a prosecutor?
Yes. Attorney Botelho served as a Massachusetts Assistant District Attorney before founding Botelho Law Group.
Do you handle cases anywhere in Massachusetts?
Yes. Botelho Law Group represents clients across Massachusetts.
Can you help in Portuguese or Spanish?
Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.
Talk with us about your case
Tell us about the charges, your court date and any paperwork you received. We will explain your options and the next steps.