Best Criminal Defense Attorneys in Newton

FAQs

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

  The Newton Police Department dispatch line for non-emergencies is (617) 796-2123.

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

  You can request copies of police and crash reports by completing and submitting the online request form at https://apps2.newtonma.gov/apps/requests/ For assistance on police records requests, call (617)796-2120, or email policerecords@newtonma.gov.

• Are you automatically guilty of drunk driving in Newton if you fail the field sobriety test?

  No, in Newton, a failed field sobriety test alone does not automatically mean you are guilty of DUI. However, you can still be arrested for DUI as the failed test establishes probable cause. The test result can also be used against you in court. It is recommended that you work with a Newton criminal defense attorney to investigate if the test was properly administered and if the result was not affected by other factors.

• Will you get charged if the Newton police found drugs in the vehicle you were riding?

  Yes, you may be charged with possession of drugs in Newton if police find them in the vehicle you are in. In possession cases, the prosecutor must prove that you knew about the drugs and that you had the intention of exercising control over the drugs. If you were simply a passenger or borrowed the car from someone else and can disprove these two points, your case may be defensible. Talk to a Newton criminal defense attorney to evaluate your criminal liability in this situation.

• Can the victim of a domestic battery case in Newton have the charges dropped?

  No, the alleged victim of domestic battery in Newton cannot have the charges against the accused dropped. The charges were brought against the defendant not by the victim but by the District Attorney’s Office. The victim can request that the DA responsible for the case drop the charges, but it is ultimately the DA’s decision to do it or not. If the victim withdraws from the case, it will still go to trial if there is other evidence of abuse than the victim’s testimony.

• You were arrested by the Newton police but were never charged, does that mean you have a criminal record?

  No, an arrest alone does not result in a criminal record in Newton. The case will only be entered in a criminal record after you have been formally charged during a court arraignment. If you or your Newton criminal defense attorney was able to resolve your case before the arrangement, it will not appear on a criminal record.

• Can you go to jail for using a fake ID to buy alcohol in Newton?

  Yes, using making, selling, and carrying a fake ID is illegal in Newton under Massachusetts Law 138 section 34B. If you are proven guilty, you may face imprisonment for up to three months and a fine of up to $200. You may also get your driver’s license revoked for a year.

• 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.