The Law Office of Patrick T. Donovan

Massachusetts Criminal Attorney

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Massachusetts Criminal Case Outcomes

It’s crucial to understand the various Massachusetts criminal case outcomes. The resolution of a criminal case can have significant long-term impacts on a person’s life, affecting employment opportunities, housing options, and personal relationships. Let’s explore the main potential outcomes in Massachusetts criminal cases.

Criminal case outcome
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Dismissal

One of the most favorable outcomes for a defendant is case dismissal. In Massachusetts, there are two types of dismissals:

  1. Dismissal with prejudice: The case is permanently closed and cannot be retried.
  2. Dismissal without prejudice: The case may potentially be reopened in the future[4].

In some minor cases, the prosecution may move to dismiss the case upon certain conditions or payment. It’s important to note that the Commonwealth (prosecution) must consent to any pretrial dismissal[4].

Dismissal Prior to Arraignment

A particularly advantageous outcome is dismissal prior to arraignment. In this scenario, the prosecutor dismisses the case before it has been formally presented in court. The key benefit of this outcome is that the case will not appear on the defendant’s criminal record. However, it’s worth noting that dismissals prior to arraignment are relatively rare[4].

Pretrial Probation

Pretrial probation is another potential outcome that can be favorable for defendants. This option is only available with the consent of the Commonwealth. In a pretrial probation arrangement:

  • The prosecution agrees to dismiss the case after a set period of time, upon completion of specific conditions, or both.
  • There is no admission of wrongdoing by the defendant.
  • If the defendant fails to successfully complete the pretrial probation, the case will be restored to the trial list.

Continuance Without a Finding (CWOF)

A Continuance Without a Finding, commonly known as a CWOF, is a unique disposition in Massachusetts criminal cases. Here’s how it works:

  • The court acknowledges that there is sufficient evidence to potentially warrant a finding of guilt.
  • However, the court refrains from entering a guilty finding.
  • Instead, the case is continued for a specific period, usually with terms and conditions imposed.
  • If the defendant successfully completes the CWOF period and meets all conditions, the case is typically dismissed[4].

A CWOF can be an attractive option for defendants as it allows them to avoid a formal guilty finding while still resolving the case.

Guilty Plea or Finding

In some cases, the outcome may be a guilty plea by the defendant or a finding of guilt by the court. This can result from:

  1. A plea bargain negotiated between the defense and prosecution.
  2. A trial verdict where the defendant is found guilty.

When a defendant is found guilty or pleads guilty, the court will then determine the appropriate sentence.

Not Guilty Finding

After a trial, a defendant may be found not guilty. This means the prosecution failed to prove guilt beyond a reasonable doubt. A not guilty finding results in the defendant’s acquittal and the case being closed.

Factors Influencing Case Outcomes

Several factors can influence the outcome of a Massachusetts criminal case:

  1. Strength of evidence
  2. Defendant’s criminal history
  3. Nature and severity of the alleged offense
  4. Quality of legal representation
  5. Prosecutorial discretion
  6. Judicial considerations

Importance of Legal Representation

Given the complexity of criminal proceedings and the potential long-term consequences, it’s crucial for defendants to have skilled legal representation. An experienced Massachusetts criminal defense attorney can:

  • Evaluate the strength of the prosecution’s case
  • Identify potential weaknesses or constitutional violations
  • Negotiate with prosecutors for favorable outcomes
  • Advise on the best course of action for the specific circumstances
  • Represent the defendant’s interests in court proceedings

Long-Term Implications of Case Outcomes

The outcome of a criminal case can have lasting effects on various aspects of a person’s life:

  1. Employment opportunities
  2. Housing applications
  3. Professional licensing
  4. Immigration status
  5. Firearm ownership rights
  6. Reputation and personal relationships

Understanding these potential consequences is crucial when considering plea offers or other case resolutions.

Sealing and Expungement in Massachusetts

For certain case outcomes, Massachusetts law provides opportunities for sealing or expunging criminal records:

  • Record sealing: Makes the record inaccessible to the public but still visible to law enforcement.
  • Expungement: Completely removes the record from court and police files.

Eligibility for sealing or expungement depends on factors such as the type of offense, time elapsed since the case conclusion, and the individual’s subsequent criminal history.

Navigating the Massachusetts Court System

Understanding the structure of the Massachusetts court system is essential for comprehending case outcomes:

  • District Courts: Handle misdemeanors and less serious felonies
  • Superior Courts: Deal with more serious felonies and have jurisdiction over all crimes
  • Massachusetts Appeals Court: Reviews decisions from lower courts
  • Supreme Judicial Court: The highest court in Massachusetts, handling select appeals and cases of significant legal importance

Alternative Disposition Programs

Massachusetts offers several alternative disposition programs that can lead to more favorable outcomes for eligible defendants:

  1. Drug courts
  2. Veterans treatment courts
  3. Mental health courts
  4. Restorative justice programs

These programs often focus on rehabilitation and addressing underlying issues rather than purely punitive measures.

Collateral Consequences of Criminal Cases

Even when a case doesn’t result in a conviction, there can be collateral consequences:

  • Loss of professional licenses
  • Difficulty obtaining certain jobs
  • Challenges in securing housing
  • Impact on child custody arrangements
  • Restrictions on international travel

Understanding these potential impacts is crucial when evaluating case resolution options.

The Role of Victim Input

In many Massachusetts criminal cases, particularly those involving violent crimes or property offenses, victim input can play a significant role in case outcomes. Prosecutors often consider victims’ wishes regarding case resolution, although the final decision rests with the prosecution and the court.

Post-Conviction Relief Options

For cases resulting in convictions, there may be post-conviction relief options available:

  1. Direct appeals
  2. Motions for new trial
  3. Petitions for post-conviction relief
  4. Clemency or pardon applications

These options can potentially alter the outcome of a case even after a conviction has been entered.

Conclusion

Navigating the potential outcomes of a Massachusetts criminal case requires a thorough understanding of the legal system, careful consideration of individual circumstances, and often the guidance of experienced legal counsel. By being well-informed about the various possible resolutions and their implications, defendants can make more informed decisions about their cases and work towards the most favorable outcomes possible.

Remember, each criminal case is unique, and the potential outcomes can vary widely based on the specific circumstances. If you’re facing criminal charges in Massachusetts, it’s crucial to consult with a qualified criminal defense attorney who can provide personalized advice and advocacy tailored to your situation.

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Massachusetts Criminal Lawyer Patrick T. Donovan is committed to representing people who have been accused of and charged with felony and misdemeanor crimes throughout the state of Massachusetts.

At the Law Office of Patrick T. Donovan, we are committed to aggressively pursuing the best possible outcome for each and every one of our clients.

As an Assistant District Attorney, Patrick Donovan is well aware of the many legal strategies both law enforcement and district attorneys will use when trying to obtain a criminal conviction. Mr. Donovan uses his prior knowledge as a prosecutor to his clients’ advantage by challenging evidence submitted by Commonwealth’s attorneys, investigating faulty law enforcement procedures, and ultimately building the strongest case possible for every single one of his clients.

Call the Law Office of Patrick T. Donovan today for your free initial consultation at 617 479-1800.

Best Massachusetts Criminal Attorney

Patrick T. Donovan represents clients in Boston, Brighton, Chelsea, Dorchester, Charlestown, Roxbury, Jamaica Plain, West Roxbury, East Boston, South Boston, Alston, Woburn, Somerville, Concord, Cambridge, Waltham, Framingham, Natick, Malden, Revere, Everett, Arlington, Quincy, Milton, Weymouth, Brookline, Wrentham Marshfield, Randolph, Braintree, Dedham, Westwood, Norwood, Cohasset, Wellesley, Stoughton, Plainville, Canton, Sharon, Avon Walpole, Needham, Pembroke,  Hingham, Hull, Wareham, Brockton, Plymouth, Duxbury, Hanover Orleans,  Brewster, Dennis, Yarmouth, Nantucket, Martha’s Vineyard, Rockland,  Falmouth, Barnstable, Attleboro, North Attleboro, Taunton, Revere,  and throughout Massachusetts All College Students,

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Law Office of Patrick Donovan
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234 Copeland Street Suite 230
Quincy, MA 02169
Phone: (617) 479-1800
Fax: (617) 622-1531

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