Overview | Typical Case | Expertise | Restraining Orders | Probation
Matthew K. Barison, Trial Lawyer
If you have been charged with a crime, you need an experienced Boston trial lawyer. The Commonwealth’s law enforcement apparatus is powerful and navigating the courts can be difficult. The earlier a lawyer is involved with your defense, the better the chance of a more favorable outcome.
My demonstrated results include: not guilty verdicts on felony matters at jury trial, defendant-friendly plea deals and alternative dispositions such as diversion or admission to specialized programs.
Take a look at some reviews from my clients. For the best possible outcome, contact me as early as possible.
Typical Criminal Case in District / Boston Municipal Court
**Note: While all COVID-19 restrictions have been lifted, certain hearings may be conducted via. Zoom.
1. Unless you’ve been arrested (see #2), you will receive a Notice of Magistrate’s (Clerk’s) Hearing in the mail. This is a hearing in front of a clerk magistrate to determine whether there is Probable Cause to issue a Complaint. Probable cause is a low standard, “more likely than not.” You are entitled (and advised) to have a lawyer at these hearings. In some instances, it is possible to resolve the matter at this early stage through mediation, restitution, or other creative proposals, thereby keeping the charges off your record.
2. If you have been arrested, you can usually be released from the police station by posting bail, though in some instances you could be held without bail and taken to court on that or the next business day. If you are released, you will be given a date to appear in court for an arraignment.
3. At the Arraignment, the charges against you will be read in open court; once you are arraigned, the charges will appear on you criminal record. In some instances (based on one’s criminal record and the nature of the offenses charged) it is possible to postpone arraignment and attempt to enter into Pre-Trial Diversion. If the case is accepted for diversion, and the terms of the diversion are satisfied, the case will be dismissed “prior to Arraignment,” meaning that the charges will not show up on your criminal record. I have helped many clients obtain pre-trial diversion.
If pre-trial diversion is not an option, you will be arraigned and enter a plea of Not Guilty. At the arraignment, the judge will address the matter of Bail. Bail decisions are based on many factors, including: your in and out-of-state criminal record, history of defaults, the recommendations of the DA and probation, flight risk, and (frankly) the judge’s attitude. The purpose of bail is ensure your presence at future court dates, not to punish you, or hold those who can not afford to post bail in jail. The judge can: release you on your personal recognizance (promise to appear), set bail, and/or set terms and conditions of your release. In the most serious cases, you could be held without bail pending a dangerousness hearing, at which the DA must prove that there are no conditions of release that would ensure the safety of certain individuals or the community. It is CRUCIAL to have an experienced criminal defense attorney representing you at arraignment! I have handled hundreds of arraignments.
4. The case is then set forward 2-3 months (30 days if held on bail) for a Pre-Trial Hearing. These hearings may be held over the phone or by zoom. Pre-trial hearings are when much of the case is litigated; matters such as discovery of evidence and motions to dismiss and suppress evidence are heard during this phase. There may be multiple pre-trial hearings, given the complexity of the case. I have had many cases dismissed pre-trial.
At any time between the arraignment and trial, it is possible to explore alternatives to trial, such as pre-trial probation, or making a plea deal. Pre-trial probation is a way of resolving cases without making a plea, and is not considered a conviction. Requests for pre-trial probation are made by your lawyer and reviewed by the DA and probation, and ultimately a judge. If accepted, you will be placed under the supervision of the Probation Department (see my blog post on the perils of probation). Plea Deals allow you to plea Guilty or Admit to Sufficient Facts for a Finding of Guilty, otherwise known as a Continuance Without a Finding (CWOF). For more information on plea deals, please see my blog post on the subject.
5. TRIAL is where the rubber hits the road. In Massachusetts, all individuals accused of crimes have the right to a Jury Trial, though sometimes it is advisable to waive this right and have a Bench Trial where the judge determines whether you are guilty or not guilty. I have taken many cases to trial and have received great outcomes for happy clients. That said, one must keep in mind that no lawyer can promise success at trial; trial is inherently risky, and juries can be fickle. Preparation for trial is a crucial to any case, and I treat all cases as if they will be tried.
TO CONCLUDE: My role as your lawyer is to craft a legal strategy for your case. I do this by throughly reviewing the evidence, discussing the case with you, working with experts (when necessary), and constantly advocating for you with the prosecution, probation and judges. I promise my best efforts on your behalf and I look forward to working with you. Please contact me now.
Expertise
Drug Crimes: Possession (Class A, B, C, D, E), Possession w/Intent to Distribute, Trafficking
OUI / DUI
LGBTQ+ Matters
Violent Crimes: Assault & Battery (Dangerous Weapon, Elderly, Police Officer, Public Official), Kidnapping, Strangulation
Sex Crimes: Rape, Indecent Assault and Battery, Prostitution, Indecent Exposure, Open and Gross Lewdness
Property Crimes: Breaking and Entering, Trespassing, Tagging
Resisting Arrest
Possession: Gun cases, Unlawful Possession, Knives, Dangerous Weapons
Thefts: Shoplifting, Larceny, Credit Card fraud, Identity Theft, Insurance Fraud, False Documents
Motor Vehicle: Operating After Suspended License, Failure to Stop, Larceny of Motor Vehicle, Negligent Operation, Reckless Operation, Leaving Scene of Accident
Restraining Orders
I have helped many clients both obtain and defend against restraining orders. Don’t go it alone!
Abuse, in the eyes of the law, occurs when someone is harming you, attempting to harm you, or placing you in fear of imminent harm.
Harassment, a lesser but still serious offense, occurs when you have been subject to three or more acts of “willful and malicious conduct.”
After a hearing at which both parties (pro se or through counsel) may testify, a judge has the authority to issue an Abuse or Harassment Prevention Order. These orders are civil matters, and though they do show up on your criminal record, they are not criminal matters per se unless/until there is an alleged violation.
Probation Hearings
Probation is a world unto itself. Often times, criminal cases are resolved with the defendant being placed on probation rather than serving time. I have made many successful arguments for favorable Conditions of Probation. Such conditions can include: check ins with your Probation Officer, GPS monitoring, random drug and alcohol tests, and fees. Probation is a drag! If the Probation Department believes that you have violated one or more of said conditions, you will receive a Notion of Probation Detention Hearing, at which time the court determines whether there is “probable cause” that a violation has occurred. If the judge finds probable cause, he/she may hold the defendant in custody.
Whether or not you are detained, you will next be summoned to appear for a Probation Surrender Hearing. At the Surrender hearing, which functions like a less formal trial, the probationer, assisted by his/her attorney, may introduce evidence, call witnesses and testify. After hearing all the evidence, a judge will determine whether a violation has occurred and then decide what to do about it. Outcomes range from termination of probation (best case) to incarceration (worst case); more often, though, judges will either extend the term of probation or add additional conditions going forward.
Probation Hearings are no joke. Even if you think you have “worked things out” with your Probation Officer, such deals can be scuttled by an angry judge, especially if he/she was the one who imposed the original conditions you are alleged to have violated. As your attorney at such hearings, I will research the violation and present your case, both informally to your probation officer, and formally to the judge.
I have helped many clients avoid incarceration at probation violation hearings!