Defending Your Rights in Brighton and Greater Boston
With nearly 20 years of courtroom experience, Attorney Peter Cole provides skilled criminal defense for clients across Massachusetts. Fluent in English and Portuguese, he offers clear communication, honest guidance, and dedicated advocacy in every case.
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Frequently Asked Questions About Criminal Defense
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
If the police stop you, is it better to just confess?
No. A person who is not guilty should not confess to something they didn’t do. Even a guilty person should not confess to the police before talking to a lawyer. A police officer may try to persuade a suspect that it will help them to admit to committing the crime. Get some good advice as to possible defenses, or what the consequences are of confessing, from a lawyer who is on your side before you make statements to the police.
What if the police didn’t read me my rights?
When the police have someone in custody, they have to give the suspect a “Miranda” warning before they can interrogate that person. The Miranda warning alerts a suspect to their constitutional rights, such as the right to remain silent or the right to have a lawyer present during questioning. If the police don’t give a Miranda warning, the defense lawyer may be able to file what is called a “motion to suppress,” asking the court to not allow any evidence that the police obtained by violating the defendant’s rights. It is important to understand, however, that the police do not have to give a Miranda warning every time they talk to someone. The Miranda warning applies only if the suspect is in custody (meaning they are not free to leave) and if the police interrogate the person (meaning they ask questions, or make statements, which are reasonably likely to lead to incriminating responses). A suspect who spontaneously confesses will have a hard time arguing that the police had to give him or her a Miranda warning.
The case against me is ridiculous! Can’t the judge just dismiss it?
A judge does not have authority to dismiss a case prior to trial based on the strength of the evidence. (There is one rare exception, when a police report fails to allege sufficient facts and the judge finds that there was not probable cause to file the case in the first place. Do not count on that happening in your case.) It is also unlikely that a prosecutor will just give up on a case. If your lawyer can show that the evidence is strongly in your favor, that may help him or her to negotiate a favorable resolution.
Should I fight this case to trial, or take a plea?
The answer depends on the specific facts of your case. Many criminal cases get settled before trial. Any trial, even one where you have a strong defense, involves risk. An experienced lawyer can help you think through what might happen at a trial, and whether it is better to try to make a deal with the prosecutor. In deciding whether to make a deal, don’t look only at how strong your defense is. Ask your lawyer about the potential consequences of any deal you are thinking to make. A guilty plea, or even an admission to sufficient facts (which is a way of resolving the case without formally admitting guilt) can potentially lead to consequences ranging from losing your driver’s license, to having to register as a sex offender. Get as much information as you can before deciding what to do.
I decided to fight my case to a trial. Should I testify in my own defense?
This is another question that depends on the particular facts of the case. Consult carefully with your defense lawyer before deciding what to do. Even for an innocent defendant, it is risky to testify. There is no margin for error. If a defendant on the witness stand looks nervous, evasive, forgetful, angry, dishonest, or anything else like that, the jury will notice. Remember also that at the trial of a criminal case, the burden of proof is on the prosecutor. A defendant has no obligation to prove they are innocent.
Will I go to jail if I get convicted?
Possibly. The law establishes a potential term of imprisonment for most crimes. For some more serious crimes, the law establishes a mandatory minimum sentence, where the judge has no choice about sending a convicted defendant to jail. If there is no mandatory minimum, a convicted defendant can always argue for alternatives to jail, such as probation, or a suspended sentence. If you get charged with a crime, be sure to find out what the potential jail sentence could be. Take that into account when making any decision about going to trial or making a deal to settle the case.
Attorney Peter Cole’s Criminal Defense Practice Areas
Assault and Battery
Intentional physical contact that causes harm or offense, such as hitting, pushing, or unwanted touching of another person.
Assault
Attempting or threatening to harm someone physically, even without making contact, through actions or words.
Larceny
Taking someone else’s property without permission and intending to keep it permanently, including theft or embezzlement.
Shoplifting
Stealing or concealing store merchandise, altering price tags, or otherwise attempting to avoid paying full price.
Drug Possession and/or Distribution
Having illegal drugs or prescription medication without authorization, or possessing them with the intent to sell or share.
Operating Under the Influence (OUI/DUI)
Driving or controlling a vehicle while impaired by alcohol or drugs, even if you are not visibly intoxicated.
Violation of a Restraining Order
Failure to strictly comply with all the terms of a court-issued restraining order or harassment-prevention order.
Disorderly Conduct
Disruptive, offensive, or violent public behavior such as fighting, yelling, or causing a disturbance that alarms others.
Trespassing
Entering or staying on property without permission or after being told to leave by the owner or police.
Driving with a Suspended License
Operating a vehicle after your driver’s license has been suspended or revoked by the Registry of Motor Vehicles.
Probation Violations
Failing to follow probation terms, such as missing meetings, failing drug tests, or being charged with another crime.
DEFENSE
Being charged with a crime is no laughing matter, but it is not the end of the road. Every case has two sides. Depending on the facts of the case, it is often possible to mount a vigorous defense. Were the defendant’s rights violated during a stop or search? Did an alleged victim have a motive to accuse? Even if there is no motive to accuse, is the victim’s story consistent and accurate? Has the prosecution proven beyond a reasonable doubt that drugs or alcohol were involved? Was the defendant acting in self-defense? These or other arguments can form the basis of a powerful defense and protect the defendant from unjust convictions.
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