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Massachusetts Witness Representation Lawyer

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Massachusetts Witness Representation Attorney

You may have become a witness to a Massachusetts criminal or civil matter, and you may not understand what your options are. You can hire an attorney to help you navigate the legal system as a witness.

If you have a lawyer by your side, they can help to explain the process of what is happening to help ease your anxiety and answer any questions you may have. The attorneys at Ellison Law LLC have represented many clients with respect to Massachusetts legal proceedings where their clients were witnesses.

There are many scenarios where somebody may want a lawyer when they are a witness. Here are a few listed below:

Massachusetts Summons Lawyer

If you receive a summons to testify at a legal proceeding, you can have a Massachusetts witness representation lawyer help you. They can help explain what your options are and help you to understand what legal obligations yo have with respect to the summons, and what legal rights you have when appearing in court to testify.

For example, a person may have a Fifth Amendment privilege, spousal privilege or other privilege not to testify. A lawyer can help explain these rights to you and the best way to proceed. The lawyer can also appear with you in court.

Your summons could also mean that you are about to be charged with a crime. It could be for a Massachusetts Criminal Arraignment or for a Massachusetts Clerk Magistrate’s Hearing. So it is important to reach out to a Massachusetts summons lawyer if you receive a Massachusetts summons to help you understand what is going on.

Massachusetts Criminal Investigations Lawyer

If Massachusetts police want to ask you questions relating to a criminal investigation, your should contact an experienced witness representation lawyer as soon as possible. You may be innocent, but you may say something that starts to put the blame towards you. It is very stressful to answer questions from a police officer. If the police are asking you questions, you can have an attorney representing you throughout the investigation.

An attorney can be your voice during the investigations. Depending on the circumstances, an attorney can help guide you on what questions to answer and which ones you may not want to answer.

They can also help to get a better idea of what is being investigated. An attorney can help you avoid the mistake many people make — people can talk themselves into things rather than talk their way out of it.

Lawyer for a Witness at a Massachusetts Trial

If you are summonsed to testify as a witness at a Massachusetts trial, it is important that you know what your rights are. Many people get nervous about taking the stand as a witness. As a Massachusetts witness who is about to give testimony, you always have constitutional rights against self-incrimination under the Fifth Amendment of the United States Constitution.

An attorney can help discuss what may have happen to you when you testify and help decide whether you may want to exercise your Fifth Amendment privilege, if you have a valid one. At a Massachusetts trial, your attorney can be present with you to speak to the prosecutor and speak to the judge.

The first determination will be whether or not you have a Fifth Amendment privilege. The Massachusetts Guide to Evidence Section 511(b) states the following for self incrimination:

Every witness has a right, in any proceeding, civil or criminal, to refuse to answer a question unless it is perfectly clear, from a careful consideration of all the circumstances, that the testimony cannot possibly have a tendency to incriminate the witness.
If you plead the Fifth, the prosecution can ask for a “Martin” hearing. The notes in the Massachusetts Guide to Evidence state the following:

Whenever a witness or the attorney for a witness asserts the privilege against self-incrimination, the judge “has a duty to satisfy himself that invocation of the privilege is proper in the circumstances.” Commonwealth v. Martin, 423 Mass. 496, 503 (1996). The mere assertion of the privilege is not sufficient. The witness or counsel must show “a real risk” that answers to the questions will tend to indicate “involvement in illegal activity,” as opposed to “a mere imaginary, remote or speculative possibility of prosecution.” Id. at 502. The witness is only required to “open the door a crack.” Id. at 504–505, quoting In re Brogna, 589 F.2d 24, 28 n.5 (1st Cir. 1978).

In general, the judge’s verification of the validity of the privilege should be based on information provided in open court.. Commonwealth v. Alicea, 464 Mass. 837, 843 (2013). Only in those rare circumstances where the information is inadequate to allow the judge to make an in-formed determination should the judge conduct an in camera Martin hearing.” Commonwealth v. Jones, 472 Mass. 707, 728 (2015), quoting Pixley v. Commonwealth, 453 Mass. 827, 833 (2009). Neither the defendant nor counsel has a right to be present during a Martin hearing. Commonwealth v. Clemente, 452 Mass. 295, 318 (2008). If the judge rules that there is a valid basis for the witness to assert the privilege, the defendant has no right to call that witness. Pixley v. Commonwealth, 453 Mass. at 834.
In Superior Court, if you have a Fifth Amendment privilege, the prosecution may try to give you immunity. Immunity is not as straightforward as it may sound. This is why it is important to have a lawyer with you to make sure the prosecution is doing it correctly and you understand your rights.

No matter the situation, if you feel you are a Massachusetts witness, you can be represented by an attorney. The lawyers at Ellison Law LLC can potentially represent you through the process. Do not hesitate to contact us today at 401-230-5520.

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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