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Massachusetts Criminal Defense Lawyer

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Massachusetts Criminal Defense Attorney

If you have been charged with a crime in the Commonwealth of Massachusetts, you need an experienced criminal defense lawyer who understands the Massachusetts courts and their different laws.

It can be very overwhelming for a person charged with a crime who is not used to being in that situation. That is why it is important to hire an experienced Massachusetts criminal defense attorney to help you throughout the process of being charged with a crime.

Ellison Law LLC has attorneys who have represented many clients in Massachusetts who have been charged with crimes. Over time, they have learned the different complexities of the Massachusetts criminal legal system.

What is the Process for a Criminal Charge in Massachusetts?

The process in how a criminal case is handled comes from the Massachusetts Rules of Criminal Procedure.

The criminal process starts in Massachusetts nearly every time from a Massachusetts Police Department applying for a criminal complaint from their local Clerk’s Office. There are Massachusetts Police Prosecutors assigned to the various courts from the different Police Departments who initiate the process by applying for a complaint.

Usually, a Clerk Magistrate reviews the applications for probable cause to determine whether or not the charge can go forward. For a case to start in District Court, a complaint must be brought. For a case to be brought in Superior Court, the defendant must be indicted (or waive indictment).

Some charges start with a Clerk Magistrate’s Hearing. This is a hearing to determine whether to not there is probable cause for a complaint to issue. Only certain charges are eligible for a Clerk Magistrate’s hearing.

You can read more about Clerk Magistrate’s Hearings in Massachusetts here. If you get notice for a Clerk Magistrate’s Hearing, do not wait to reach out to a lawyer, because this is a great opportunity to potentially avoid having a criminal charge move forward against you. You can be represented by a lawyer at Clerk Magistrate’s Hearing.

What is an Arraignment in Massachusetts?

If probable cause is found, you will have the opportunity for an Arraignment. At an Arraignment, a few key things happen, and the court will do the following:

  • read the charges to the defendant in open court, except that the reading of the charges in open court may be waived by the defendant if he or she is represented by counsel;
  • enter the defendant’s plea to the charges;
  • inform the defendant of all warnings and advisories required by law;
  • determine the conditions of the defendant’s release, if any; and
  • determine if the defendant will retain an attorney, be appointed one or represent themselves.

What is a Pretrial in Massachusetts?

After your Arraignment, if a Defense Attorney has entered their appearance, the court will order a date for a Pretrial Conference for the Prosecutor and Defense Attorney to conference the case. At the Pretrial Conference date, the following are the main things that the prosecution and defense attorney will discuss:

  • any outstanding discovery that is owed to the Defendant (this is evidence the prosecution may have) that is covered by law for the prosecution to give to the defense;
  • whether there will be a change of plea;
  • the scheduling of the next event.

What is a Plea Deal in Massachusetts?

A plea deal is when the Defendant agrees to change their plea from not guilty to an admission of guilt, in exchange for a certain sentence recommendation from the prosecution or the judge. This may be done for various reasons. For instance, the prosecution may agree to no jail time or no criminal conviction or to certain conditions of probation, etc. in exchange for the change of plea from the defendant.

It is important to have a lawyer help negotiate a plea deal for you. Lawyers have experience negotiating plea deals and have a better understanding of what to ask for from the prosecutor or the judge.

Most plea deals in Massachusetts require you to waive your rights, so it is important to discuss this with a lawyer prior to entering a plea agreement.

What is a Motion to Suppress Hearing in Massachusetts?

A Motion to Suppress in Massachusetts is an opportunity to have a hearing as to whether the defendant’s rights were violated in some way and, as a result, some evidence should be suppressed and not used against the Defendant. There are different types of Motions to Suppress, including, a Motion to Suppress Statements, a Motion to Suppress a Search Warrant, a Motion to Suppress a Search and Seizure, etc.

Depending on the type of Motion it is, the defendant may be able to get an evidentiary hearing, where there will be testimony from witnesses, likely from the police, who will testify as to what they may have done on a case.

They attorneys at Ellison Law LLC have represented many defendants on Motions to Suppress in Massachusetts. They have had statements thrown out in court, evidence of drugs suppressed, and search warrants ruled invalid. If you feel your rights have been violated, do not hesitate to contact a Massachusetts Suppression Lawyer at Ellison Law LLC today at 401-230-5520.

What is a Trial in Massachusetts?

A trial is the most important right a defendant has when they are facing a criminal charge. When you have a criminal charge, you always have the right to have a jury trial. You can also waive the right to a jury (with approval of the court) and have a “bench trial” where the judge decides the facts and the law of the case.

At a trial, the defense lawyer and prosecutor have an opportunity to file Motions prior to the trial beginning. These Motions, for example, might seek an evidentiary ruling prior to the trial beginning. The judge will make preliminary rulings on certain evidence based on the Motions the attorneys file.

After Motions, the lawyers will make opening statements to give a road map as to how they see the evidence coming out throughout trial. This is the first opportunity for the jury or judge to hear what the case is truly about. The lawyers will then call witnesses and present evidence to the court. Once this is complete, the lawyers are allowed to make closing statements.

The prosecution has to prove their case on each charge beyond a reasonable doubt. Please read this blog post: What Does Beyond a Reasonable Doubt Mean?

It is very important to discuss with a lawyer whether or not you want to take a plea deal or go to trial. Both will have their pros and cons.

What Types of Crimes Do We Handle in Massachusetts?

The attorneys at Ellison Law LLC have represented clients on all types of Massachusetts crimes and procedures, including the following:

Any criminal charge is a serious matter that requires a serious response. The Massachusetts criminal defense attorneys at Ellison Law LLC focus their practice on the defense of individuals charged with misdemeanor and felony criminal offenses throughout the Commonwealth of Massachusetts.

If you are charged with a crime in the Commonwealth of Massachusetts, contact Ellison Law LLC today at 401-230-5520.

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My first experience ever needing representation: David was engaged, responsive, and above all else empathetic to my situation. Many times I was frustrated with the process, David was there to lend an ear and offer…

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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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David Ellison was very understanding and compassionate. He kept in touch and was always up to date. If you're looking for honest great legal representation contact David Ellison!

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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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"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

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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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"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." 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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"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

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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 had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

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David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

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"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

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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…

- Takes His Job and Role in Society Very Seriously

"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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