If you’ve been arrested or charged with a misdemeanor offense, you need aggressive, dedicated, and vigorous representation, regardless of how the charge occurred. This is precisely the kind of representation we offer! Attorney Hoffman and the associates that work with him approach every case with the same zeal we would have for one of our own family members in the same situation. Our clients rest easy, knowing that we are doing everything possible within the legal bounds of professional ethics, to fight for them and for the best possible outcome to their cases.
It’s only a Misdemeanor, right?
It is possible to be charged with a misdemeanor (or even a felony) without being arrested, and – indeed – without even ever speaking with a police officer. For example, if someone else calls the police and alleges that you broke the law (e.g., if someone were to say that you assaulted and/or battered them), the police may simply take a report, and then file charges against you by filing a criminal complaint with the local district court. When this happens, a person may only find out that he or she has been charged with criminal offenses, when he or she receives a notice in the mail.
Regardless of how you became aware of the misdemeanor charges, whether it was by being arrested at the time the alleged incident occurred, by being arrested later (following the filing of the criminal complaint), or via notice in the mail (following the filing of a criminal complaint), it is crucial that you treat the charges with the utmost seriousness. The manner in which you were notified of the charges often has absolutely nothing to do with their gravity or seriousness.
For example, if you only became aware of pending misdemeanor charges against yourself via a notice in the mail, you might be tempted to think that the charges must not be very serious, otherwise – you may think – the police would have surely come and arrested me. This is simply NOT TRUE! In reality, the charges may have been filed this way for no other reason than that you were not present when the alleged victim made his or her statement to the police. When you do appear in court for the first time to address these charges, usually at your clerk magistrate’s hearing or arraignment, you’d better believe that one of the first things the prosecutor and judge will address is the possibility of having you detained and put in jail until trial or a plea has been reached.
In fact, when a person is notifed of his or her charges via mail rather than arrest, a strong argument can be made that it is even more imperative to acquire the assistance of counsel right away. This is because when a person is notified of charges via mail, this is usually done in conjunction with a notice for a clerk magistrate’s hearing, rather than an arraignment. In Massachusetts, a clerk magistrate’s hearing is simply an alternative method for charging an individual. At the hearing, the magistrate will determine if probable causes exists to charge the person. If represented, the individual’s criminal defense attorney will argue (through legal analysis & precedent) that the necessary probable cause does not exist in the case, and move to have the charges thrown out. In other words, with proper representation, it possible to head the charges off from their very inception. This is an opportunity that should not be missed, if possible!
If you’ve been charged with a misdemeanor, you might be tempted to think that the prosecution will not take it that seriously …it’s only a misdemeanor, right? You may find yourself minimizing the risk, even telling yourself it’s no worse than getting a traffic ticket. PUT THIS THINKING OUT OF YOUR MIND! It is not helpful, and those that insist on believing it find themselves in for a rude awakening, when the prosecutor gets up in court and starts painting them in the worst light possible to the judge.
At the end of the day, the prosecutors don’t know you. If you’re expecting leniency or even just a commonsense assessment of the crime you were charged with, versus the actual facts, you will often be sorely disappointment. What you can expect is that the prosecutor who ends up with your case will make the proverbial mountain out of a molehill. Facing a criminal misdemeanor charge is a serious matter, with the potentiality to have serious life-altering consequences. The prosecutor who attempts to convict you will take the charges against you very seriously. You should too.
But doesn’t the Commonwealth have more serious crimes to focus on? Surely the District Attorney’s office would rather focus on murder, aggravated robbery, and other such charges, rather than the little domestic assault and battery charge I’m facing, right? WRONG!
It is true, there are certain prosecutors who wouldn’t want to be bothered with your little misdemeanor charge, but they are NOT the ones who will be prosecuting your case. To understand this, you need to understand how the system works, structurally. Any district attorney’s office, anywhere, is made up of new and old prosecutors. Some of the prosecutors have been there for many years. Others are brand new, just out of law school. Which cases do you think the new-just-out-of-law-school attorneys get? That’s right, the misdemeanors. Most of these new attorneys have little life experience, and are out to make a name for themselves. They simultaneously want to prove their abilities to the more senior prosecutors in their office. This isn’t done by minimizing a defendant’s actions, or even by viewing those actions through a “fair” “commonsense” lens.
You can use this information to your benefit! Knowledge is truly power, and the knowledge imparted to you in this article will help you be ready if you are charged with a misdemeanor. DO NOT waste time trying to convince yourself the prosecutor will “go easy” on you. INSTEAD assume that the prosecutor is going to portray your actions in the worst light possible. DO NOT waste time thinking you can mosey into District Court, and simply walk out with a slap on the wrist. INSTEAD assume that you need robust legal representation as early in the case as you can possibly get it!
What is a Misdemeanor?
In Massachusetts, a misdemeanor is – essentially – any crime that cannot result in a sentence to confinement in state prison. Hold off celebrating if you’ve been charged with a misdemeanor, as you can certainly still be confined. Misdemeanor offenses can result in confinement at your local County House of Corrections.
In a nutshell, if you’ve been charged with a crime that can result, according to Massachusetts law, in a sentence to confinement in state prison, that charge is a felony. On the other hand, if you’ve been charged with a crime that can result, according to Massachusetts law, in a sentence to a county house of correction, that charge is a misdemeanor.
As discussed above, this illustrates why even misdemeanor charges must be taken very seriously. While a stint in a county house of correction is likely more desirable to one in state prison, it is still confinement.
Confused? If you have questions, please contact HOFFMAN LAW today, for a free initial consultation, in which we will be happy to answer any questions you may have!