Massachusetts Criminal Defense Attorneys

At DearLegal, we connect you with experienced Massachusetts criminal defense attorneys who navigate the state’s unique CWOF (Continuance Without a Finding) disposition, broad sealing under M.G.L. c. 276 § 100A, and the recreational marijuana framework under the Cannabis Control Commission. Whether your case is in Suffolk (Boston), Middlesex (Cambridge/Lowell), Worcester, Essex, Hampden (Springfield), or anywhere across Massachusetts, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Massachusetts State Police, Boston PD, MBTA Transit Police, and federal agents operating in Massachusetts use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Article 12 of the Massachusetts Declaration of Rights (broader than the Fifth Amendment in some applications).

Yes. Massachusetts misdemeanors carry up to 2.5 years in house of correction and fines under statute. CWOF (Continuance Without a Finding) under M.G.L. c. 278 § 18 — uniquely valuable Massachusetts disposition — preserves no-conviction status. Pretrial Probation under § 87 is another path. DV and OUI convictions trigger major collateral consequences.

State cases go through Massachusetts Superior Court (felonies) or District Court / BMC (Boston Municipal Court). Federal cases go to U.S. District Court for the District of Massachusetts (Boston, Worcester, Springfield) under the U.S. Sentencing Guidelines. Federal cases commonly involve I-90 drug trafficking, § 922(g) firearm cases, white-collar fraud (Boston’s finance/biotech sectors), and federal organized crime.

Massachusetts plea agreements under Mass. R. Crim. P. 12 are negotiated between the District Attorney’s Office and defense. Pleas can include charge reductions, CWOF (Continuance Without a Finding, M.G.L. c. 278 § 18) — admits to facts sufficient for guilty finding but no conviction entered if probation completed — Pretrial Probation (§ 87), drug court entry, and stipulated sentence recommendations.

Yes — Massachusetts has one of the broader sealing frameworks. M.G.L. c. 276 § 100A allows sealing of most misdemeanor records after 3 years and felony records after 7 years (with limited exclusions for sex offenses). Expungement under § 100E is narrower (juveniles, marijuana convictions decriminalized by Question 4, certain non-convictions). CWOF dispositions are eligible for sealing immediately upon termination.

Massachusetts handles juveniles under 18 in Juvenile Court under M.G.L. c. 119 § 52 et seq. Juvenile records are confidential and most are automatically sealed and may be expunged under M.G.L. c. 276 § 100E and § 100F. Raise the Age legislation (effective 2013) made 17-year-olds juveniles. Youthful Offender designation under c. 119 § 54 allows criminal-style sentencing for certain serious juvenile offenses (14+).

Massachusetts OUI (Operating Under the Influence) under M.G.L. c. 90 § 24 uses .08 BAC (.04 commercial, .02 under-21). Implied consent under § 24(1)(f) — refusal triggers 180-day administrative license suspension first offense (3 years for repeat). Mandatory IID for repeat offenses under § 24½. Third OUI (felony 3rd-offense conviction) is a state-prison-eligible felony, mandatory 150 days.

Why Do You Need a Criminal Defense Attorney in Massachusetts?

Massachusetts uses statute-specific maximum penalties rather than a single felony class system — though crimes are generally categorized as misdemeanors (max 2.5 years in house of correction) or felonies (state prison eligibility). Murder First-Degree carries mandatory life without parole (Massachusetts abolished the death penalty in 1984 by judicial ruling, definitively in 1984). The Sentencing Commission guidelines are advisory. Massachusetts uniquely allows the Continuance Without a Finding (CWOF) disposition under M.G.L. c. 278 § 18 — defendant admits to facts sufficient for guilty finding but no conviction is entered if probation is completed successfully. This is one of the most defendant-favorable dispositions in the country. Massachusetts legalized recreational marijuana in 2016 (Question 4, effective December 2016) — adults 21+ can possess up to 1 oz in public and 10 oz at home. The Cannabis Control Commission regulates the industry. Sealing under M.G.L. c. 276 § 100A is broad — misdemeanors after 3 years, felonies after 7 years (or 5 for some non-violent felonies). Expungement under § 100E for certain categories (juveniles, marijuana, certain non-convictions). Massachusetts District Attorneys plea-bargain extensively; Boston, Cambridge, and other progressive DA offices run substantial diversion programs.

When Do You Need a Criminal Defense Attorney in Massachusetts?

Our network includes Massachusetts criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Massachusetts

From the moment you connect with a Massachusetts criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to MSP, Boston PD, MBTA Transit, or any Massachusetts officer without an attorney

Consenting to a search of your car, home, or phone — Article 14 may require a warrant

Missing a Massachusetts court date — bench warrants and bail forfeiture follow

Posting about the case on social media — Massachusetts DAs subpoena platforms

Deleting messages or photos from your phone — Witness/Evidence Intimidation (M.G.L. c. 268 § 13B) is a serious felony

Accepting the DA’s first plea offer without exploring CWOF, pretrial probation, drug court, or charge reduction

Talking to MSP, Boston PD, MBTA Transit, or any Massachusetts officer without an attorney

Consenting to a search of your car, home, or phone — Article 14 may require a warrant

Missing a Massachusetts court date — bench warrants and bail forfeiture follow

Posting about the case on social media — Massachusetts DAs subpoena platforms

Deleting messages or photos from your phone — Witness/Evidence Intimidation (M.G.L. c. 268 § 13B) is a serious felony

Accepting the DA’s first plea offer without exploring CWOF, pretrial probation, drug court, or charge reduction

Common Massachusetts Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Massachusetts Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Massachusetts work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Mass. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The Massachusetts Committee for Public Counsel Services (CPCS) represents indigent defendants — combined public-defender and assigned-counsel system.

What Can Your Massachusetts Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss for insufficiency (Mass. R. Crim. P. 13), speedy trial under Mass. R. Crim. P. 36 (12-month rule), or DA nolle prosequi.

Charge Reduction

Reduction from felony to misdemeanor, from First-Degree to Second-Degree, removal of mandatory minimum allegations (firearm, school zone, repeat offender).

Continuance Without a Finding (CWOF) / Pretrial Probation

CWOF under M.G.L. c. 278 § 18 — defendant admits to facts sufficient for guilty finding but no conviction entered if probation completed successfully. Pretrial Probation under § 87. Drug court, mental health court, veterans court.

Plea Agreement

Negotiated resolution under Mass. R. Crim. P. 12. Includes charge reductions, dismissed counts, recommended sentences, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Massachusetts jury or judge. Massachusetts criminal juries are 12 for Superior Court (jury-of-12), 6 for District Court, and must be unanimous (Mass. Const. Art. of Amend. Art. 12).

Post-Conviction Relief

Mass. R. Crim. P. 30(a) (motion for new trial), 30(b) (motion to withdraw plea). State habeas corpus. No strict SOL but laches applies. Coram nobis also available.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Massachusetts Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Massachusetts?

When Do You Need a Criminal Defense Attorney in Massachusetts?

Types of Criminal Defense Cases in Massachusetts

Common Massachusetts Criminal Defense Mistakes

How Much Do Massachusetts Criminal Defense Attorneys Cost?

What Can Your Massachusetts Criminal Defense Compensation Include?

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