Best Criminal Defense Attorneys in Brockton

FAQs

• What is the non-emergency contact number for the local police station in Brockton, Massachusetts?

  For non-emergency cases, you can contact the Brockton Police Department at 508-941-0200.

• Where can I get a copy of police reports for incidents related to my case in Brockton, Massachusetts?

  A copy of the police report of a criminal charge may be retrieved at the Brockton Police Department located at 7 Commercial St., Brockton.

• Can you be charged with assault without touching someone in Brockton?

  Yes. In Brockton, you can be charged with assault even without making physical contact with someone. Massachusetts defines assault as a crime wherein an individual attempts to use physical force against another or demonstrates an intent to use immediate force against another person. An individual can be charged with assault even without inflicting injury.

• What happens if you refuse a breath test in Brockton?

  If an individual over 21 years of age refuses to take the breath test, they can be charged with a 180-day suspension if it is their first offense. If they take the breath test and the results are over .08, it will only be a 30-day suspension. However, the penalties are different for second, third, and fourth offenses for breath test refusal, which involve a license loss of three years to a lifetime.

• Can you file a petition to seal your criminal record in Brockton?

  Yes. Individuals with criminal records in Brockton may file for a petition to seal their criminal records. For felony convictions, they have to wait for a minimum of 10 years after serving any jail or prison time. For misdemeanors, they have to wait for a minimum of five years. Defendants who were not convicted of a crime can file a petition without having to wait.

• What criminal charges cannot be sealed in Brockton?

  Individuals in Brockton who are charged with a level two or three sex offense in the past or present can never seal certain sex offenses, such as drugging a person for sex, assault with intent to rape, rape of a child, and other sex offenses. Other crimes that cannot be sealed include crimes against the public, selling firearms or ammunition without a license, and violations of the State Ethics Act.

• Will you be jailed for a DUI charge in Brockton?

  An individual charged with a first-offense DUI in Brockton can receive a one-year probation period, with the condition of completing the 24D Alcohol Education Program. Second-offense DUI charges typically carry probation time and a completion of a 14-day in-patient alcohol program, but a judge decides whether to impose jail time or not. For third offenses, however, charged individuals will be imposed a mandatory minimum jail sentence of 150 days and a one-year mandatory sentence for fourth DUI offenses.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.