The Law Office of Peter Cole | Massachusetts Criminal Defense

Q: The case against me is ridiculous! Can’t the judge just dismiss it?

A judge generally does not have authority to dismiss a criminal case before trial simply because the evidence appears weak. There is a limited exception when a police report fails to allege sufficient facts and the judge determines that there was not probable cause to file the case. If the evidence is strongly in the defendant’s favor, a defense lawyer may be able to negotiate a favorable resolution.

Q: Should I fight this case to trial, or take a plea?

The answer depends on the specific facts of the case. Many criminal cases are settled before trial, while a trial involves risk even when there is a strong defense. A defense lawyer can help evaluate the potential consequences of going to trial versus accepting a negotiated resolution.

Q: I decided to fight my case to a trial. Should I testify in my own defense?

This depends on the particular facts of the case. A defendant should carefully consult with a defense lawyer before deciding whether to testify. Even an innocent defendant can face risks when testifying. The burden of proof in a criminal trial remains with the prosecutor.

Q: Will I go to jail if I get convicted?

Possibly. The law establishes potential terms of imprisonment for many crimes, and some serious offenses may have mandatory minimum sentences. When there is no mandatory minimum, a defendant may be able to argue for alternatives to incarceration, such as probation or a suspended sentence. Anyone charged with a crime should find out the potential penalties before deciding whether to go to trial or resolve the case.

WHAT OUR CLIENTS SAY

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.

Meet the Team:

Peter Cole

Attorney Peter Cole is a passionate criminal defense attorney with nearly twenty years of experience. Attorney Cole graduated from Suffolk University Law School in 2006, and has since been working in courts across eastern and central Massachusetts. His primary focus is on criminal defense, though he also has experience with immigration law and civil litigation.

Olivia Viti

Olivia Viti serves as Attorney Cole’s legal assistant. Ms. Viti is an aspiring lawyer and student at Suffolk University, where she is pursuing her degree with a focus on law and criminal justice. She is an invaluable member of Attorney Cole’s practice, working closely with him both in the office and in the courtroom.

Attorney Peter Cole’s Criminal Defense Practice Areas

Assault and Battery

The most common form of assault and battery is an intentional act of physical contact that is either likely to cause bodily harm, or is offensive (for example, done without the other person’s consent). Even an act that might be legal in another context, such as giving someone a hug, can result in an assault and battery charge. The law also recognizes special categories of assault and battery, such as assault and battery on a pregnant woman, on a person sixty or over, or with a dangerous weapon.

Assault

Unlike assault and battery, assault does not involve physical contact. An assault occurs when someone attempts to commit a battery (physical contact) or threatens to do so immediately. Even if you don’t hit someone, just one moment of losing your temper can get you charged with a crime.

Larceny

Generally speaking, larceny is the legal term for theft. Larceny is the act of taking someone else’s property with the intent to permanently deprive them of it. Even if the property is returned later, what matters is the intent at the time of the theft. The law also recognizes special variations, such as larceny from a building or larceny by embezzlement.

Shoplifting

Similar to larceny, shoplifting involves taking or concealing store merchandise without paying for it. It can also include actions like hiding items or altering price tags with the intent to avoid paying full price.

Drug Possession and/or Distribution

A person can be charged with drug possession if they knowingly or intentionally possess a controlled substance such as cocaine, heroin, or prescription medication without a valid prescription. Distribution of a controlled substance, or mere possession with the intent to distribute, are more serious offenses. You can be guilty of distribution even if you did not sell any drugs. Just sharing a controlled substance, or giving it away for free, is a crime.

Operating Under the Influence (OUI/DUI)

This charge involves driving or being in control of a vehicle while impaired by alcohol or drugs. “Operating” doesn’t just mean driving; sitting in the driver’s seat and turning the keys in the ignition can be enough. Being “under the influence” does not necessarily mean being drunk or high. It means the driver’s alertness or focus was reduced by the consumption of alcohol or drugs.

Violation of a Restraining Order

A restraining order prohibits contact between the defendant and the victim. Any violation of a restraining order, no matter how small, can lead to criminal charges. Even responding to a message the victim initiated can result in criminal charges. There are no ifs, ands, or buts. The motive does not matter; if there is a court order, it must be followed exactly. The law does not make exceptions for “good intentions” or misunderstandings.

Disorderly Conduct

Engaging in offensive, violent, or disruptive behavior in public can result in a disorderly conduct charge. This includes fighting, yelling, or blocking public areas. These charges tend to arise from emotional or stressful situations, like arguments that got too loud. The prosecution has to prove not only that a person was disorderly, but also that they either: a) intended to annoy, alarm, or cause inconvenience to the public; or b) recklessly created a risk of those things happening.

Trespassing

Trespassing means entering or remaining on someone else’s property without permission or after being forbidden to do so, either verbally, by posted “No Trespassing” signs, or by law enforcement.

Driving with a Suspended License

It is a crime to operate a motor vehicle while your license is suspended or revoked. A license may be suspended or revoked for many reasons, such as unpaid fines, non-payment of child support, missed court appearances, or prior traffic offenses. A person cannot be guilty of operating a vehicle with a suspended license, if they did not receive notice of their license being suspended. I have seen cases where a driver wasn’t even aware their license was suspended, until the police pulled them over. However, if there is proof that the Registry of Motor Vehicles sent a suspension notice to the driver’s most recent address on file, then the driver’s ignorance of the suspension will probably not get them off the hook.

Probation Violations

It is not a crime to violate the terms of a probation order, but it gets treated as if it were a crime. If you are found guilty of a crime, and the judge gives you probation instead of a jail sentence, that sounds great. However, there can be big trouble if you don’t obey whatever terms the judge imposes for your probation. A probation violation can occur when a person on probation misses a meeting, fails a drug test, doesn’t complete required programs, or is accused of a new offense. If a judge finds that there is a violation, they can impose new probation conditions, extend the length of the probation, or even revoke probation entirely and impose whatever sentence the law allows for the convicted offense.

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.

Defending Your Rights in Brighton and Greater Boston