Are You or Someone You Love Facing Criminal Charges?
Being charged with a criminal offense is a serious matter and could affect your life and liberty. If you or your loved one has been charged with a criminal offense in Massachusetts, you should take the matter seriously and understand your legal rights and options.
You have a right to remain silent and to decline to answer the police’s questions. Keep in mind that police need probable cause to charge you with a criminal offense. The statements you make to police may provide them probable cause. You have a right to speak with an attorney and have an attorney present during questioning. Do not talk to police until you have spoken with an attorney.
Do not make the mistake of trying to represent yourself or to talk your way out of the charges. You will quickly find that the Massachusetts criminal justice system is a harsh and unforgiving place if you do not have an experienced criminal defense lawyer defending you and advocating for your rights. If you have been arrested and charged with a crime, it is essential to contact an aggressive Boston criminal defense lawyer to start developing your defense right away.
Call Kelly & Soto and learn how our team of highly qualified Boston criminal defense attorneys can fight for you.
How Do I Choose a Criminal Defense Attorney?
You are right to be fearful of losing your freedom and paying hefty fines if you have been charged with a serious criminal offense. Your liberty may depend on the skill and resourcefulness of the criminal defense lawyer who you select so it is important to select the right attorney.
You should choose a criminal defense lawyer with the following characteristics:
- Experience handling similar criminal cases
- Understanding and empathy about your situation
- Knowledge of Massachusetts criminal code
- Ability to explain legal issues clearly.
It is appropriate to ask an attorney during the initial meeting about their experience representing clients charged with offenses similar to yours.
Criminal Cases We Handle at Kelly & Soto
The Boston, MA criminal defense attorneys at Kelly & Soto Law handle the following criminal offenses and matters:
Assault & Battery
Clerk’s Hearings/Magistrate’s Hearings
First Time Offenders
Larceny – Shoplifting
Motions to Suppress
Motor Vehicle Offenses
Probation Violations/Surrender Hearings
Receiving Stolen Goods
If you have been arrested for one of the offenses listed above, or another felony or misdemeanor offense, call us. While our law firm does focus on certain types of cases, we represent clients charged with all types of offenses in the field of criminal law, including drug trafficking. Our team of Boston criminal defense lawyers will start work on your case immediately, so call today.
Securing a Release from Jail Pending Trial
One of the most important tasks that our Massachusetts defense attorneys at Kelly & Soto Law perform is to secure a client’s release from jail while awaiting trial whenever possible.
A defendant may be released on his or her own recognizance without posting a bond. If the criminal offenses are more serious, the court may set conditions for pretrial release such as posting bail. We may be able to secure a client’s release on pretrial probation, requiring the individual to attend certain types of counseling, submit to drug testing or to stay away from certain individuals. Stay away orders during the pretrial period are common in cases involving charges of assault and battery or domestic violence. Successful completion of court orders during pretrial probation may help in the final disposition of the charges.
Securing release can allow an individual to continue working and earning income to support his or her family. The court is less likely to jail an individual who demonstrates that he or she can reliably maintain a job.
The courts are allowed to set bail at a level to ensure the defendant appears at future court hearings. The factors the court will consider include the seriousness of the charges, the defendant’s ties to the community and employment status. Securing release can show the court that the individual can be trusted to appear in court when required and does not pose a flight risk.
As defense attorneys, the team at Kelly & Soto Law focuses on minimizing the conditions of release so that any conditions are reasonable for clients to meet.
Plea Bargaining Strategies
A plea bargain can be a reasonable defense strategy for a criminal defense attorney to pursue in some cases to help a client avoid jail time or minimize jail time if there is a likelihood of conviction.
Plea bargains typically involve compromises in which a defendant agrees to plead guilty in exchange for charges being reduced or some charges being dropped entirely. When the charges involve a non-violent offense and the client does not have a criminal history, we often can negotiate an agreement that involves performance of community service or attendance at a treatment program and probation. Negotiations to reach a plea agreement can take place at any time during the pretrial process.
Our Boston criminal defense attorneys at Kelly & Soto understand what type of plea bargains are reasonable and how to structure plea proposals that prosecutors find acceptable.
The advantages of a plea bargain include:
- You may get criminal charges reduced or dismissed;
- You may be able to avoid jail time depending on the charges;
- You may get a shorter sentence;
- Your criminal record may show less serious charges.
The disadvantage is:
- You have to enter a guilty plea;
- You have a criminal record.
A knowledgeable criminal defense lawyer will be able to explain the terms of the proposed agreement, explain how it will affect your life and offer guidance as to whether the proposed plea agreement is reasonable or a bad deal. That guidance will allow you to make a well-informed decision about whether to accept the plea agreement or go to trial.
Presenting a Winning Defense to the Jury
If the prosecution case against you is weak, the best strategy may be to take the case to trial. The defense attorneys at Kelly & Soto Law work energetically to develop a winning legal strategy based on the specific facts of each case.
The prosecution has the burden of proof to show that a defendant is guilty beyond a reasonable doubt.
We seek to present evidence and witnesses that call into question the prosecution’s version of events. If we can raise doubts about the police evidence or develop a plausible alternative explanation, we can undermine the prosecution’s case and have a winning criminal defense case.
Among the effective defense strategies that we use:
- Review the police investigation and arrest to determine whether police mishandled evidence or violated your rights;
- Seek to get key evidence against you thrown out;
- Show that your Fourth Amendment rights were violated and therefore weapons and other evidence should not be admitted;
- Use expert witnesses to raise doubts about police forensic evidence;
- Challenge details of eyewitness accounts and credibility of eyewitnesses;
- Determine whether a plea agreement is appropriate to seek.
The best defense strategies to employ depend on the specific facts of your case, the seriousness of the criminal charges and whether you or your loved one has a criminal record.
The most effective strategy you can follow is to have a knowledgeable Massachusetts criminal defense attorney handling your case and defending your rights.
Reasons to Hire a Defense Attorney
Our attorneys at Kelly & Soto Law pride ourselves on aggressive legal representation and an open line of communication with clients. We know you and your family are experiencing a great deal of stress if you have been arrested. You are concerned about the loss of your freedom if convicted and being saddled with criminal fines. We want to help minimize the impact of the criminal charges on your life.
We treat every case that comes through the door as a top priority, because it is your top priority. We will carefully evaluate the evidence against you and identify any weaknesses in the prosecution’s case. We will discuss with you the best way to proceed based on our knowledge of Massachusetts criminal law and our experience having handled many criminal cases. We may be able to get the charges reduced or dismissed or negotiate a plea agreement that allows you to avoid active jail time.
Remember that it is crucial that you contact Kelly & Soto Law as soon as possible after your arrest so our lawyers will have the best opportunity to secure favorable results. Our attorneys have defended individuals charged with criminal offenses throughout Massachusetts, including Boston, Cambridge and Quincy. Our attorneys offer a free consultation and price quote to handle your case. We are available 24/7 to talk to you.