Massachusetts Criminal Defense Attorneys

Good people sometimes make bad decisions, or are simply in the wrong place at the wrong time, and end up facing the criminal justice system. If you need a Massachusetts law firm that handles criminal matters, you are likely nervous, scared, and worried about what the future holds. The attorneys at Contant Law, P.C. are here to help you at every step. From our offices in Woburn and Newburyport, we defend clients across Massachusetts and appear in district and superior courts throughout Middlesex, Essex, and Suffolk counties, including the Woburn, Malden, Somerville, Cambridge, Lowell, Newburyport, Salem, Lynn, Peabody, Haverhill, and Chelsea District Courts.

Our legal team is committed to listening, answering your questions, and easing your concerns. We are proven advocates across a wide range of criminal offenses, and our first goal in every case is simple: to win it for you.

Why Contant Law?

We are committed to protecting your rights and providing an aggressive defense. We explore every aspect of the case against you, and if there is a weakness of any kind, we find it and use it to your advantage. Our philosophy is straightforward: first we examine the case to determine its strengths and weaknesses and what it will take to win. Only if winning is not likely do we turn to alternatives such as negotiating the best possible plea.

Our lawyers, Michael A. Contant and Alexandra Campbell, have earned the respect of clients, prosecutors, and judges for their attention to detail, knowledge of the law, and zealous advocacy. Simply meeting with us gives you answers and the comfort of knowing you have an ally ready to fight on your behalf.

Criminal Defense Practice Areas We Handle Statewide

We represent clients across the full range of Massachusetts criminal charges, including OUI / DUI, assault and battery, domestic violence, restraining and harassment orders, drug crimes, clerk magistrate hearings, juvenile defense, theft crimes such as larceny and burglary, and criminal traffic violations.

The Massachusetts Criminal Case Process

Clients often want to understand not just their charges but the process itself: How long will this take? What are the next steps? Unlike television, no one is arrested on Wednesday and tried on Friday. In reality a case takes months, and sometimes a year or more, and follows a specific set of rules set by the court. With a few differences, the process is the same in the Juvenile Courts and District Courts of Massachusetts.

There are only three ways a case is resolved in the trial court: a plea or negotiated settlement (usually involving a fine, probation, or a jail sentence), a dismissal (for lack of evidence or a legal reason), or a trial before a judge or jury. How long your case takes depends largely on which path you and your attorney choose.

How Your Case Gets to Court

There are three ways a case reaches court: the police arrest you; the police ask that you be summoned to appear; or a civilian asks the court to issue charges. If you are arrested, your first appearance is your arraignment. If the police seek a summons for a misdemeanor, you are typically summoned to a clerk magistrate hearing first; if a felony is sought, you are usually summoned to an arraignment, but sometimes it will be a clerk magistrate’s hearing. When a civilian requests charges, a clerk magistrate’s hearing is held to decide whether probable cause exists to issue them.

Driving offenses are different. If you are stopped for a criminal traffic offense and not arrested, you should receive a citation. If the criminal box is checked, you have the right to a clerk magistrate’s hearing, but you must sign the back of the ticket and bring it to the District Court with jurisdiction within four days.  Learn more in our article on the process to appeal civil and criminal traffic offenses.

The Clerk Magistrate’s Hearing

One job of a clerk magistrate is to decide whether misdemeanor charges should be issued and proceed before a judge. The standard is probable cause, a low bar, so charges are not hard to bring, which is exactly why representation matters at this stage. There are generally three outcomes: probable cause is found and charges issue; no probable cause is found and charges never issue; or probable cause exists but the clerk uses discretion not to issue the charges. That last, discretionary outcome, often available to first-time offenders in minor cases, can end the matter with no record at all. Winning here means no punishment and nothing on your record, at far less time and expense than fighting a full case. See our full clerk magistrate hearing page for details. The process is governed by G.L. c. 218, section 35A.

Arraignment

The arraignment is your first appearance in court. You check in with the probation department, which asks basic identifying and financial questions to determine whether you qualify for court-appointed counsel (if you have already hired a lawyer, tell them). Your case is then called, the charges are read, and a plea of not guilty is automatically entered on your behalf. The prosecutor may ask the judge for conditions of release such as cash bail, staying away from a person or place, no drugs or alcohol with testing, GPS monitoring, or, in serious cases, being held as a danger. The judge, not the prosecutor, decides, and must impose the least restrictive conditions that reasonably ensure public safety and your return to court.

Can Anything Be Done Before Arraignment?

Sometimes. For some minor offenses, your attorney may be able to negotiate with the prosecutor to dismiss the charges before arraignment on payment of court costs or completion of a program or community service. In the juvenile court, an attorney may move to dismiss before arraignment through a Humberto H. motion, where the complaint lacks probable cause and dismissal serves the interests of justice. The benefit is significant: a charge dismissed before arraignment never appears on your criminal record.

Pretrial Hearing, Compliance and Election, and Motions

After arraignment the next date is usually a pretrial hearing, where your lawyer and the prosecutor exchange discovery (witnesses, photos, video, forensic testing) and complete a Pretrial Conference Report. A compliance and election hearing follows, by which discovery should be complete and you elect a bench trial (judge decides) or jury trial. Along the way your attorney may file motions, including a motion to dismiss (where the facts do not establish probable cause) or motions to suppress evidence, statements, or identifications that were obtained unlawfully. Success on a suppression motion can end the case in your favor.

Plea or Negotiated Settlement

A plea, sometimes called a plea bargain, is where a person takes responsibility for one or more charges in exchange for a sentence. Pleas often reduce charges or result in dismissal of some counts, and the sentence can range from a fine to probation to incarceration. Your attorney and the prosecutor negotiate the terms, but the judge makes the final decision. In District Court and Juvenile Court, the judge cannot exceed the sentence your attorney recommends without giving you the chance to withdraw the plea and go to trial. The plea is formalized on a Tender of Plea form (the green sheet), and the judge reviews with you the rights you give up and any immigration consequences to confirm your plea is knowing and voluntary.

Trial, Sentencing, and Appeal

At trial the prosecutor must prove guilt beyond a reasonable doubt; you do not have to prove anything, cannot be forced to testify, and may cross-examine every witness and present your own evidence. In a bench trial the judge decides guilt; in a jury trial, six jurors in District Court (twelve in Superior Court) must reach a unanimous verdict. If you are found not guilty, the case is over. If found guilty, the judge determines the sentence based on the offense, your record, and your character, within the limits set by statute. In some circumstances, a legal error at trial or on a motion can be challenged on appeal to a higher court.

Common Massachusetts Criminal Cases and Key Points to Know

We handle many of the most common charges in Massachusetts, including drunk driving, drug possession and distribution, and assault and battery, which often arises from a domestic situation. Two points are worth remembering. First, an arrest is not the end: police frequently make mistakes or jump to conclusions, and our job is to find the defenses. Second, the fastest way to harm your own case is to talk. If the police question you, the best course is to remain silent and ask for a lawyer, because nothing you say will help you and anything you say can be used against you. Miranda warnings only apply once you are in custody and being interrogated, so do not assume the absence of a warning is always a defense. Finally, a clean record and good character genuinely help, both in securing release and in negotiating a favorable result.

Serving Woburn, Newburyport, and District Courts Across Middlesex, Essex, and Suffolk Counties

Our Woburn office anchors our work in Middlesex County, and our Newburyport office serves Essex County and the North Shore, while we also handle matters in Suffolk County. From our offices in Woburn and Newburyport, we defend clients across Massachusetts and appear in district and superior courts throughout Middlesex, Essex, and Suffolk counties, including the Woburn, Malden, Somerville, Cambridge, Lowell, Newburyport, Salem, Lynn, Peabody, Haverhill, and Chelsea District Courts. See the communities and courts we cover on our Areas We Serve page, and review our client reviews to see how we have helped people in situations like yours.

Talk to a Massachusetts Criminal Defense Lawyer Today

If you or a loved one has been charged with a crime anywhere in Massachusetts, do not go to court alone. Contact Contant Law, P.C. to schedule your free consultation. We also offer flexible financing so cost is not a barrier to a strong defense.