Massachusetts Criminal Defense Lawyer

Building a defense

Every criminal defense starts with the same questions:

• Can the prosecution prove each element of the charge? Every crime has specific elements, and the prosecution must prove all of them beyond a reasonable doubt.
• Was the evidence obtained lawfully? Evidence from an unlawful stop, search or interrogation may be suppressed.
• Are the witnesses reliable? Inconsistent statements, bias and poor identification can weaken a case.
• Is there a legal defense? Self-defense, lack of intent, mistaken identity and other defenses may apply.
• What outcome best protects you? Sometimes the goal is trial. Sometimes it is a dismissal, a reduced charge or an alternative disposition that avoids a conviction.

OUI (operating under the influence)

An OUI charge can be based on alcohol, marijuana or other drugs. The prosecution must prove that you operated a motor vehicle on a public way, or a place where the public has access, while under the influence, or with a blood alcohol level of .08 or more.

Common defense issues include:

• Whether the officer had a lawful reason to stop the vehicle
• How field sobriety tests were given and recorded
• Whether the breath test machine was certified and properly used
• Whether there is evidence of operation, for example when a person is found in a parked car
• Video from cruiser cameras, body cameras and businesses

Many first-offense OUI cases can be resolved with an alternative disposition that includes an alcohol education program and a shorter license loss. Second and later offenses carry mandatory penalties. Refusing a breath test triggers a separate license suspension through the Registry of Motor Vehicles, which can sometimes be challenged.

Assault and battery

Assault and battery charges range from minor misdemeanors to serious felonies, such as assault and battery with a dangerous weapon or causing serious bodily injury.

• Domestic assault and battery applies when the people involved have a family, household or dating relationship. A conviction can affect firearms rights and immigration status, and the case often comes with a no-contact order.
• Self-defense may apply when a person reasonably believed force was necessary and used no more force than needed.
• Witness credibility is often central, especially when the only witnesses are the people involved.

In domestic cases, the alleged victim’s wishes do not control whether the case goes forward. The District Attorney decides, and some cases proceed even when the alleged victim does not want them to.

Drug offenses

Drug charges include possession, possession with intent to distribute, distribution and trafficking. The penalties depend on the type of drug, the amount, and whether the offense was near a school zone or involved a weapon.

Defense issues often include:

• Whether the search that found the drugs was lawful
• Whether the person actually possessed the drugs, especially when they were found in a shared car or home
• Whether the evidence supports intent to distribute or only personal use
• Whether the lab analysis was reliable

Possession of a small amount of marijuana by an adult is legal in Massachusetts, but driving under the influence of marijuana and some other marijuana-related conduct remain crimes. Some drug offenses carry serious immigration consequences, even for permanent residents.

Theft and property crimes

Theft charges include shoplifting, larceny, receiving stolen property, breaking and entering, and fraud. The value of the property often decides whether a charge is a misdemeanor or a felony. Many first-time shoplifting and minor larceny cases can be resolved without a conviction, through dismissal, pretrial probation or diversion.

Theft offenses can be crimes involving moral turpitude under immigration law, which can affect non-citizens. We consider that before any resolution.

Breaking and entering and burglary

Breaking and entering charges range from a misdemeanor, such as entering a building at night without permission, to serious felonies involving a dwelling and intent to commit a crime. The prosecution must prove both the entry and the intent. Evidence such as fingerprints, video, phone location data and witness identification is often central, and each can be challenged. These charges can also have serious immigration consequences.

Motor vehicle crimes

Some driving offenses are crimes rather than civil infractions, including:

• Operating after license suspension or revocation
• Leaving the scene of an accident causing property damage or injury
• Operating to endanger and reckless operation
• Operating without a license
• Operating an uninsured or unregistered vehicle

These charges can bring license consequences from the Registry of Motor Vehicles in addition to the criminal case.

Disorderly conduct and other misdemeanors

Disorderly conduct, disturbing the peace, trespass, resisting arrest, malicious destruction of property and similar charges are often treated as minor. But they still create a record, and some carry immigration and employment consequences. Many of these cases begin with a show cause hearing, which can be an opportunity to stop the case before a complaint issues.

Juvenile and young adult cases

Massachusetts treats many offenses by people under 18 in the Juvenile Court, with a focus on rehabilitation. Some records of offenses committed before age 21 can be expunged. Young people and their parents should understand these options early, because the way a case ends can affect college, financial aid and future jobs.

Diversion and alternatives to a conviction

Massachusetts courts and prosecutors offer several ways to resolve a case without a conviction:

• Pretrial diversion for eligible first-time offenders and young adults
• Pretrial probation, where the case is dismissed if conditions are met
• Continuance without a finding, where no guilty finding enters and the case is dismissed after probation
• Specialty courts, such as drug courts and veterans treatment courts, in some areas
• Dismissal upon payment of court costs in some minor cases

Each option has different consequences, including for immigration status. We explain them before you choose.

Your rights

• The right to remain silent. You do not have to answer police questions.
• The right to a lawyer. You can ask for a lawyer before any questioning.
• The right to refuse consent to a search. Police may still search if they have a warrant or another legal basis, but you do not have to agree.
• The right to a trial. You can choose a trial before a judge or a jury.
• The right to confront witnesses. Your lawyer can cross-examine the prosecution’s witnesses.
• The presumption of innocence. The prosecution must prove guilt beyond a reasonable doubt.

Non-citizens charged with a crime

A plea that seems minor can have permanent immigration consequences. Some drug offenses, domestic violence offenses, theft offenses and others can make a person deportable, prevent a green card, or block citizenship. In Massachusetts, an admission to sufficient facts can count as a conviction for immigration purposes. Because Botelho Law Group also handles immigration cases, we review these consequences before any plea.

Firearms charges

Massachusetts has some of the strictest firearms laws in the country. Carrying or possessing a firearm without the required license can carry a mandatory minimum sentence, and possession of ammunition without a license is a separate crime. Defense issues include whether the search was lawful, whether the person actually possessed the firearm, and whether a license or exemption applied. Firearms charges also carry serious immigration consequences.

Probation violations

A person on probation who is accused of a new offense or of breaking a condition, such as missing a meeting or failing a drug test, may face a probation violation hearing. The judge decides by a preponderance of the evidence whether a violation occurred, and can impose the original suspended sentence. A lawyer can present reasons for the alleged violation and argue for continued probation or modified conditions.

Warrants

If you learn there is a warrant for your arrest, act quickly. In many cases a lawyer can arrange for you to appear in court voluntarily to remove the warrant, which is far better than being arrested at home or at work. Out-of-state warrants and default warrants for missed court dates can often be handled the same way.

Common mistakes in criminal cases

• Explaining your side to the police without a lawyer
• Contacting the alleged victim or witnesses
• Missing court dates or violating release conditions
• Accepting the first offer without reviewing the evidence
• Ignoring immigration, license and employment consequences

What to bring to your consultation

• The complaint, citation or court paperwork you received
• Any police report or bail paperwork
• Your next court date and the court’s name
• Names of witnesses and any texts, photos or video
• Information about your immigration status, if you are not a U.S. citizen
• Any prior criminal record

How we help

• Free consultation. We review the charges and evidence, in English, Portuguese or Spanish, and explain the cost.
• Investigation. We obtain police reports, video and witness information.
• Motions. We challenge unlawful stops, searches and statements.
• Negotiation. We seek dismissals, reduced charges and alternatives to conviction.
• Trial. We prepare and try cases before judges and juries.
• After the case. We help seal eligible records.

Frequently asked questions

Can a criminal charge be dismissed?

Yes, in many cases. Charges can be dismissed for lack of evidence, after a successful motion, by agreement with the prosecutor, or after conditions such as pretrial probation are completed.

What is the penalty for a first OUI in Massachusetts?

It depends on the facts. Many first offenses qualify for an alternative disposition with an alcohol education program and a shorter license loss, rather than jail.

Will a domestic assault and battery charge be dropped if the victim does not want to proceed?

Not necessarily. The District Attorney decides whether to go forward, and some cases proceed without the alleged victim’s cooperation.

Is marijuana legal in Massachusetts?

Possession of limited amounts by adults 21 and older is legal. Driving under the influence of marijuana, sales without a license and possession above the limits remain crimes.

Can I avoid a criminal record for shoplifting?

Many first-time cases can be resolved without a conviction, through dismissal, pretrial probation or diversion.

Should I accept the first offer from the prosecutor?

Not without understanding the evidence and all the consequences, including immigration, license and employment effects.

Can a criminal conviction affect my green card?

Yes. Some convictions, and some outcomes that are not convictions under state law, can make a person deportable. Talk with us before any plea.

What should I do if there is a warrant for my arrest?

Contact a lawyer right away. In many cases, a lawyer can arrange for you to go to court voluntarily to remove the warrant.

Can I be charged with a probation violation for a new arrest?

Yes. A new arrest can lead to a probation violation hearing, even before the new case is decided.

Can I be charged if drugs were found in a shared car?

Possibly, but the prosecution must prove you knew about the drugs and had the ability and intent to control them. Simply being near them is not enough.

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.