What Are The Common Criminal Cases In Massachusetts?
The most common types of cases in Massachusetts that we handle are drunk driving cases, followed by drug offenses, both possession and sale, then assault and battery. Oftentimes, assault and battery involves a domestic situation between husband and wife or boyfriend and girlfriend.
What Are The Top Misconceptions People Have About Being Arrested For A Crime?
Most people who are arrested think the arrest means it’s over and they have no way out. That they just need to plead guilty and throw themselves on the mercy of the court. However, fortunately for most people, police do make many mistakes and/or jump to many conclusions when they see something on the streets. Our job is to analyze these situations and find defenses to these cases. More often than not, we can find a way to win the case or at least have the charges reduced, so that we are able to show the client that there is, in fact, a way out.
What Are Some Common Ways In Which People May Unintentionally Incriminate Themselves?
Offering too much information is the number one way someone can incriminate themselves. Many people believe that just because they are encountering the police or have been arrested, they have to speak with the police when questioned, or they try to talk their way out of it and think if they tell the police a particular story, they’ll be able to walk. However, the reality is that anything they say is never going to help them. Plus if they say nothing it can never be used against them. The best advice is to refuse to answer any questions and request a lawyer. That way the person is not going to do anything to harm their case.
When Do Miranda Rights Come Into Play In A Criminal Case?
Miranda rights only apply when the person has been taken into custody and is subjected to some form of interrogation. However, custody does not only mean being arrested. In Massachusetts a person is in custody when a reasonable person would not feel free to leave without answering the officer’s questions. To determine whether the person is in “custody” requires examination of all the facts. We look at how the police interact with the person. Were they very aggressive or informal? Where did the interrogation take place? How long was the interaction? Did the police indicate that they suspected the person of committing a crime? Was the person arrested at the end? It’s a much different situation being in a locked interview room at a police station versus just a casual encounter on the street. So we must look to all of the circumstances of the encounter.
The other consideration is whether there has been interrogation. Are they asking you questions? If the police are actually questioning you about a case, this constitutes interrogation. If the police are saying things out loud that are meant and designed to get you to say something, this can also be considered a form of interrogation.
We oftentimes have people come to us and say, “The police didn’t give me my Miranda Rights,” thinking this gives them a defense to the charges. However, then we look at the police report and other documents and see that they were never subjected to any kind of questioning. In those circumstances, police aren’t required to notify them of their Miranda Rights.
How Does Having A Clean Prior Record And Good Character Impact A Criminal Case?
Having a clean prior record and good character come into play in two ways. One, they offer a better chance that the person will be released from custody with either no bail or a very small amount of bail while the case is pending prior to trial. They can also go a long way when it comes to negotiating a plea deal if there isn’t another good defense to the charges. The better the person’s character, before the case, allows us to argue that this may have been just a one-time mistake that is unlikely to be repeated. This gives us greater negotiating power, both with the district attorney and the judge.
For more information on Criminal Cases In Massachusetts, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (617) 227-8383 today.
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