Criminal Defense Attorney Canton MA | Law Office of Michael P. Stapleton

Types of Criminal Cases:

Clerk Magistrate Hearings
Criminal Records Expungement and Sealing
Domestic Violence
Drug Crimes
Drunk Driving (Operating Under the influence)
Registry of Motor Vehicles
Restraining Orders
Sex Offenses
Theft Crimes
Traffic Violations
Warrants
Weapons Crimes
White Collar Crimes

Clerk Magistrate Hearings

judge A Clerk Magistrate hearing (also known as a “show cause hearing”) is conducted to determine if there is enough evidence for a criminal complaint to be issued. Even if you have not been arrested, you may be mailed a summons to appear at a clerk's hearing. If you have received a summons for a Clerk Magistrate hearing, you must appear, or a criminal complaint will issue against you.

A Clerk Magistrate hearing is usually a less formal proceeding than one conducted before a judge. The clerk will consider all of the evidence before him/her and decide whether a criminal complaint should be issued. This is your opportunity to present your case. Clerk's hearings are also an opportunity to resolve cases before a criminal complaint is issued. (Top of Page)

Criminal Records Expungement and Sealing

If you have been charged with a crime in Massachusetts, a notation of the arrest and charge is made within your criminal record. These notations appear as negative markers and indicate that you have a criminal history. Your record will stay with you forever, which is why it is so important that it remains clear of criminal arrests and charges.

You should always want to have a clear criminal record, because your record is accessible to the general public. If you apply for a job, your potential employer could access and review your criminal record. If there are charges or arrests noted within the record, you could be denied the job opportunity. Criminal records could also affect applications for housing, educational facilities, or bank loans.

Under certain circumstances, people can have their arrests and criminal charges removed from their criminal records through a process known as “expungement” or sealing. If your expungement petition is successful, the arrest or charge will be "removed" from your criminal record. This means that the general public will not have access to this information.

If you are considering filing for expungement, it is advisable that you consult with an experienced criminal defense attorney who is familiar with the expungement and sealing process. An attorney can help you file your petition and provide valuable insight throughout the expungement/sealing process. (Top of Page)

Domestic Violence

People who have been charged with domestic violence are often coping with immense emotional and mental stress. They may be in the midst of an ongoing conflict with their wife, husband, partner, or child when they are accused of committing domestic violence. Even if the accusation is false, it can lead to a person's immediate arrest by local law enforcement. When a person is accused of domestic violence, he/she is usually removed from the home and detained in jail until criminal charges have been filed and bail has been posted.

If you have been convicted of domestic violence, whether it is a felony or misdemeanor charge, you may face possible jail time, imprisonment, fines, probation, community service, or restraining orders.

If you are convicted of a domestic violence offense, you may be ordered to attend and complete either an anger management program or a certified batterer's program, an intense 40 session program that is monitored by a state agency. The conviction will be noted on your criminal record, which can make it difficult or impossible for you to obtain employment, housing, or even educational opportunities in the future.

If you have been charged with domestic violence and engage an experienced attorney to get involved from the very beginning of your case, you stand a much greater chance of obtaining a positive outcome. (Top of Page)

Drug Crimes

best drug crime lawyer If you are convicted of a drug offense in Massachusetts, you may face jail time, fines, probation, drug testing, and/or loss of your driver's license of from one to five years if you are convicted. The legal consequences associated with drug crime convictions can greatly impair your quality of life. People who have been charged with drug crimes need an experienced criminal defense attorney on their side who is familiar with the complexities of Massachusetts law in this area. (Top of Page)

Drunk Driving (Operating Under the influence)

dwi A drunk driving offense is more than a traffic citation; it is a criminal offense in the state of Massachusetts. Massachusetts has very strict laws regarding drunk driving and if you are charged, it stays on your record permanently. For each subsequent offense, the penalties increase substantially. Even a first offense can have long-lasting effects. Therefore, if you have been arrested for OUI, you should contact an attorney immediately to preserve your rights.
Be aware that you do have rights, which police must inform you about during the arrest. If the police suspect you of drinking and driving, they will begin by asking you that. If in fact you have been drinking, it is best not to admit it. Depending upon how much alcohol you claim to have consumed, your admission alone may constitute "probable cause" for the police to arrest you and give you a Breathalyzer test.

Many people every year are falsely accused and charged with OUI, and they suffer for it. Failing a field sobriety test does not mean you are impaired or intoxicated while driving a vehicle; it just means you failed a test forced upon you under pressure. Given the circumstances, many of us would succumb to the stress of a field sobriety test.

For a first offense, if you take and fail a Breathalyzer test, you lose your license for 90 days; if you refuse to submit to a test, you face a license suspension of 180 days. If you are convicted of a first offense, you face stiff penalties including jail or probation time, fines, and costly alcohol education classes.

If you are either under 21 or have already been convicted of an OUI and refuse the test, you face losing your license for a whole year. However, if you have an experienced OUI attorney, it is sometimes possible to get a hardship license, which allows you to drive to and from school or work 12 hours a day during your trial. Although your refusal to take a Breathalyzer might result in a longer license suspension, in Massachusetts, the fact that you refused the test cannot be used against you in court.

You do not have to accept a conviction or offer of a plea bargain. An experienced OUI lawyer can challenge the prosecutor’s evidence and could have the charge reduced or dropped. (Top of Page)

Registry of Motor Vehicles

Mass Registry of Motor Vehicles The Massachusetts Registry of Motor Vehicles (RMV) has the power to suspend your license for a variety of reasons. Some suspensions are mandatory and others are discretionary. Three, five, or seven surchargeable offenses, occurring within certain periods of time, will lead to a mandatory suspension.

If you have received 3 speeding tickets within one year, the RMV must suspend your license for 30 days. For any combination of 5 surchargeable offenses (tickets or accidents) within 3 years, the RMV requires you to complete a remedial driver’s course. For any combination of 7 surchargeable events, the RMV must suspend your license for 60 days and requires completion of a remedial driver’s course.

“Discretionary Suspensions” allows the RMV to suspend your license because of something that they believe to be the case. Discretionary suspensions are Immediate Threat Suspensions. The RMV may suspend your right to drive indefinitely if they believe that your continued operation may endanger the safety of the public.

The RMV may also suspend your right to drive because of Improper Operation. The RMV may suspend your right to drive for 30 days because of an improper operation of a motor vehicle, or indefinitely where a medical or mental condition exists.

If the Massachusetts RMV has or is planning to suspend your license, an experienced Massachusetts attorney can be of help. The RMV employs hearings officers to review your case. It is the job of the hearings officer to decide whether or not the RMV has the right to suspend your license. If there is a discretionary suspension, you have the right to appeal to a hearings officer.
After a hearing with a RMV hearings officer, if you are not satisfied with the decision, you can appeal to the Board of Appeals. The Board of Appeals is a three person board, independent of the Massachusetts Registry of Motor Vehicles. This appeal requires a non-refundable filing fee. You have a right to have an attorney represent you with both the RMV hearings officer and before the Board of Appeals. (Top of Page)

Restraining Orders

Restraining Orders in Massachusetts are a tool often used in domestic violence situations where the person seeking the order is in fear of imminent harm. If there has been a family or domestic relationship, a restraining order can be granted in District Court. In Massachusetts, a restraining order is also commonly referred to as a 209a Order.

In Massachusetts, a 209a order can be given “ex parte” (where there is one party before the judge). The judge can issue a temporary order for up to ten days. Within ten days a full hearing is conducted, and if the judge issues the order it may be in effect for up to one year. This is your only chance to oppose the order. If you do not appear at this hearing, the order will be issued for up to one year. You have a right to have an attorney represent you at this hearing.

If you have a firearms license and a temporary order is issued, you may have to turn your firearms into the police. If a temporary order is issued against you, you must appear in court to fight it. A 209a order is a civil order with criminal penalties, which can be issued for up to one year. A violation of a 209a order may result in a $5,000.00 fine as well as up to two and a half years in prison. Even if there is not a violation, a 209a restraining order will become part of your criminal record.

If a restraining order has been issued against you, it is important that you understand and comply with all of the order's terms. For example, if the order specifies that you do not make contact with the petitioner, you must not make any contact whatsoever. If you make contact, you can be charged with violating a restraining order, which can result in immediate legal action. Violating a restraining order can greatly damage any other legal proceedings you may be involved in, such as a divorce or child custody proceeding.
If you think that a restraining order should not have issued against you, you may have rights. If someone lied to the judge in order to get the restraining order, it may be expunged from your record.

If you have a restraining order issued in your name, or if you have violated the terms of a restraining order, it is important that you consult with an experienced Massachusetts criminal defense attorney who can review and advise you of the terms of the order, inform you of your individual rights and provide you with the legal direction you need. (Top of Page)

Sex Offenses

Sex crimes are among the most vigorously prosecuted cases in Massachusetts. They are also the mostly widely publicized cases. Some of the most common sex crimes include rape, sexual assault, child sexual abuse, statutory rape, indecent exposure, incest, date rape, sex with animals, sexual harassment, child pornography, pedophilia, and prostitution.
An important element to any sex crime is the established age of consent. In most jurisdictions, there is an established age in which a person is allowed to give consent to participate in sexual activities. If a person engages in sexual activity with another person below the established age of consent, he/she can face much harsher consequences.

If you are convicted of a sex crime, you may be required to register as a sex offender, which can have a lifelong negative effect on your personal and professional reputation. You may also face jail time, probation, monetary fines, community service and psychological evaluation. An experienced Massachusetts criminal defense attorney can help you by representing you effectively throughout this process. (Top of Page)

Theft Crimes

In Massachusetts, a theft crime is the criminal act of taking another person's property without his/her consent, with the intent to purposefully deny the person access to his/her property. Theft crimes fall into two categories: misdemeanor theft and felony theft. A misdemeanor theft involves the stealing of property that is valued below $250; felony theft involves stealing of property that has a value of more than $250.

If you have been charged with a theft crime, such as shoplifting, petty theft, grand theft, motor vehicle theft, identity theft, burglary, robbery, forgery, receiving stolen property, credit card fraud or internet fraud, you need an experienced Massachusetts criminal defense attorney. If you are convicted of a theft crime, you may have to spend time in jail, pay fines, pay restitution, do community service, or be placed on probation. The legal consequences of these convictions can greatly impair your quality of life, and the help of an attorney knowledgeable about Massachusetts theft law is critical. (Top of Page)

Traffic Violations

Traffic violations in Massachusetts include driving under the influence (DUI), driving while intoxicated (DWI), reckless driving, drug possession while operating a motor vehicle, driving without a license, driving without insurance, leaving the scene of an accident, hit and run accident, outstanding warrants for unpaid tickets, multiple surchargeable events, and speeding. If you have been charged with a traffic violation, you face fines and possible loss of your license. In Massachusetts, it is a very realistic concern, as traffic laws have become increasingly strict and the legal consequences more severe over time.

Even if you are an out of state driver, you face legal repercussions. Many states, including Massachusetts, keep a record of all drivers' traffic-related offenses. This means that if a you are from out of state and violate a traffic law in Massachusetts, the Massachusetts Registry of Motor Vehicles (RMV) can send information regarding the traffic violation to your state’s Department of Motor Vehicles. The resident state can then choose to press further charges against you.

Appeals on Speeding Tickets: If you are issued a ticket by the police for speeding, you have the option of either paying or appealing the speeding ticket. To appeal the ticket, sign the ticket requesting the appeal and mail it to the court specified on the ticket within 20 days. There is no fee for this appeal. The appeal will be heard before a clerk magistrate in the court where the offense took place. The clerk has the option of finding you responsible or not responsible and either assessing the same fine or reducing the fine. You may be represented by an attorney at this hearing.

If the clerk holds you responsible for the ticket, you have the right to appeal your case to a judge. At the time the clerk issues the decision, he or she will advise you of the court’s appeal process. There is a non-refundable fee for this appeal. At the judge's appeal hearing, the police officer who wrote the ticket must appear and you have the right to question the officer in open court about your ticket. The judge has the option of finding you responsible or not responsible and assessing the original fine or reducing the fine. You have the right to have an attorney present in this case as well.

Penalties: If you are found responsible for speeding or any other traffic or surchargeable offenses, the first penalty will most likely be an increase in your insurance. If you are found to responsible on multiple tickets, the RMV must suspend your license.

If you receive 3 speeding tickets within one year, the RMV must suspend your license for 30 days.
If you are charged with any combination of 5 surchargeable offenses (tickets or accidents) within 3 years, the RMV requires you to complete a remedial driver’s course.
If you are charged with any combination of 7 surchargeable events (tickets or accidents) the RMV must suspend your license for 60 days and requires completion of a remedial driver’s course.
A Habitual Traffic Offender is a driver who has a combination of 12 moving violations or 3 major moving violations (generally a criminal violation) within 5 years; in this case the RMV must suspend the driver’s license for 4 Years.
Massachusetts also has special penalties for Junior Operators.

The biggest mistake you can make is taking your traffic ticket too lightly and then deciding to forgo representation from a lawyer. You stand to lose your license and face other harsh legal penalties if convicted. By working with a skilled Massachusetts criminal defense lawyer, you will increase your chance of fighting and winning your case. (Top of Page)

Warrants

A warrant is an order by a judge that allows police to arrest a person onsite. In Massachusetts there are two types of warrants:

Straight or “arrest” warrants: when the police believe a crime has been committed and request a judge to issue a warrant for the suspect involved.
Default warrants: when a person does not appear for court or fails to pay a fine.

If you have an active Massachusetts warrant, you may be arrested on site by the police. If arrested on a warrant, you must be brought into the court, which means that bail will not be set at the police station. While the warrant is active, your driver's license will be suspended. If you are stopped while driving, you will not only be arrested but also charged with driving with a suspended license. Any benefits you receive from the government will cease while the warrant is active.

A Massachusetts warrant will affect you even if you live out of state. Eventually your driver's license will either be suspended or become non-renewable. Benefits will cease, and you may be arrested and held in jail. Having a warrant can also affect entry into the country. If you live out of state, whether or not you have to come back to Massachusetts to fight it depends upon the nature of the case. Many times the client does not have to appear and the case can be dismissed without the client present. (Top of Page)

Weapons Crimes

Before you can legally carry or possess a weapon, such as a firearm, in the state of Massachusetts, you must adhere to several very specific laws. For example, before you can legally carry a gun, you must:

be over the age of 21;
not have prior felony convictions;
obtain a firearm license;
complete a state firearm training course;
renew your firearm identification card (FID) every four years;
not conceal the firearm.

When people do not adhere to the terms and laws that are outlined above, they can be charged by the state with a weapons offense. A conviction can result in jail time, and possibly cost the person his/her legal right to carry a weapon.

If you have been charged with a weapons crime, you need to speak with an experienced criminal defense attorney. Massachusetts has some of the strictest weapon laws in the entire country, which means that you stand to face severe legal penalties if you are convicted. By working with an experienced Massachusetts criminal defense attorney, you may be able to have your weapons offense charges reduced or dismissed, and legal consequences minimized. (Top of Page)

White Collar Crimes

A white collar crime is a theft-related offense that is typically committed by a person who is in a high-profile or highly respected position, such as CEO’s and other executives, board members, chairpersons, directors, mangers, politicians, or some government officials. White collar crimes involve the deceitful theft of funds from companies or businesses, and the concealment of that theft. White collar crimes may also be committed to illegitimately obtain a desired outcome. People who have been accused of or charged with committing a white collar crime stand to lose the respect of others, as their behavior is viewed as dishonest and immoral.

People who have been charged with a white collar crime will be vigorously investigated by state law enforcement and possibly federal agencies such as the FBI or IRS. State and federal law enforcement work diligently to obtain a conviction because white collar crimes cost the government a vast amount of money every year.

If you have been charged with a theft crime such as embezzlement, fraud, money laundering, RICO crimes, tax evasion, larceny, insider trading, extortion, bribery, wire fraud, pyramid schemes, computer crimes, internet crimes, spamming, phishing, or mail fraud, you need the assistance of an experienced criminal defense attorney who can prevent your rights from being compromised and aggressively defend you against your charges.

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