Massachusetts Criminal Defense Attorneys

Felony Statute of Limitations

No limit

No limit for murder; 27 years for sex offenses against children; 15 years for first-degree rape; 6 years for most other felonies (M.G.L. c. 277 § 63)

Misdemeanor Statute of Limitations

6 years

6 years for most misdemeanors (M.G.L. c. 277 § 63)

Sentencing Structure

Statute-specific maximums

Statute-specific maximums; Sentencing Commission Guidelines (advisory); mandatory minimums for some firearm and drug offenses; felony/misdemeanor distinction

Expungement / Record Sealing

3 years

M.G.L. c. 276 § 100A (sealing) — broad eligibility, misdemeanors after 3 years, felonies after 7 years; § 100E expungement for certain categories; juvenile and marijuana automatic relief

Bail / Pretrial Release

Bail

Bail under M.G.L. c. 276 § 57 et seq.; constitutional right to bail with exceptions (Mass. Const. Art. of Amend. Art. 12); dangerousness hearings under § 58A

Typical attorney fee

Hourly

Hourly / Flat Fee

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.