CRIMINAL DEFENSE LAW
OVERVIEW
With more than 15 years of collective criminal defense experience, attorney Masferrer approachs each new criminal case with empathy, compassion, and open minds. No matter how difficult the road may seem, we never give up on challenging cases. If you’re ready to fight the charges against you, we’re ready to fight alongside you.
We represent clients during all stages of a criminal case, from arraignment through trial or final disposition, in all of the Massachusetts courts and throughout the United States in the federal court system. We also represent clients in all stages of post-conviction litigation, including appealing a guilty verdict after trial, moving to vacate a conviction after a plea, or appealing a court’s denial of a motion to vacate a conviction.
In order to better serve all of our clients, we proactively stay up-to-date with changing laws, and are even catalysts for change ourselves. In one of our most recent cases, Attorney Masferrer successfully argued before the Supreme Judicial Court that criminal defense attorneys must give precise advice to non-citizen clients regarding the potential immigration consequences of their criminal cases instead of simply informing them they would be “eligible” for deportation. This decision is now used frequently by attorneys to vacate the criminal convictions of their non-citizen clients.
OUR PROCESS
Whether your case goes to trial or settles with a plea, we do everything in our power to get you the best possible results. We know that every case and every client is unique, so we tailor our approach to fit your needs and the needs of your particular case.
We review the evidence closely to uncover ways to challenge the prosecutor’s case—are the charges supported by probable cause, is there a motion to dismiss?
Next we see if there have been any violations of constitutional rights that would allow us to suppress evidence.
Finally, we find ways to isolate the weakness in the prosecutor's case in order to show they cannot prove beyond a reasonable doubt that our client committed the charged crimes.
In certain circumstances we work hard to obtain letters of support from employers, family, and friends in an effort to obtain the best possible outcome.
Frequently Asked Questions
When do I need an attorney?
If a police officer or a prosecutor has contacted you, you should consult an attorney prior to speaking with them to make sure you understand why they need your statement and to ensure your rights are protected. If you receive a summons to appear in court, you should contact an attorney prior to the date of your first appearance so the attorney can appear with you in court. If you have been arrested and are unable to post bail before your first court appearance, your family should attempt to contact an attorney on your behalf. If you were unable to find an attorney prior to your first court date, you should contact an attorney as soon as possible so that you can return to court with representation on your next hearing date.
Why do I have to provide information about my criminal case when I call for my appointment? Why can’t I just wait to speak to the attorney in person?
The questions the staff asks you during your intake are necessary and your answers enable the attorney to properly prepare and discuss your case with you during your initial appointment. If the attorneys do not have access to the requested information prior to speaking with you, it affects their ability to advise you on your case, delaying the process. Please keep in mind that everything you say to both the staff and to the attorneys regarding your case is confidential.
Why is there so much time between my court dates in criminal court?
Court dates are dependent on the schedule of the court where your case is being heard. If you are in custody, you will likely have a court date every 30 days. However, if you are not in custody, you will likely have to appear in court every 45 to 60 days. These time periods vary depending on the circumstances surrounding each case, so they may be longer or shorter. This time between court dates also enables your attorney to gather the information necessary to prepare your case and file any motions on your behalf with the court.
What do I need to bring to my initial consultation?
Please bring a copy of the police report and a copy of the docket sheet from your current case. These documents are extremely important when evaluating your case. Additionally, if you are not a United States citizen and this is not your first criminal case, please make an effort to obtain the docket sheets from all of your previous cases prior to your appointment. Reviewing these documents will allow us both to understand how to proceed with your current case to avoid any immigration consequences and also to advise you as to how your criminal history affects your immigration status. For more information about how your criminal history may be affecting your immigration status, click here.
Where can I obtain my police report and docket sheets?
If your case is in a District Court or in one of the Boston Municipal Courts, you can obtain these documents by making a request in person at the clerk’s office in the courthouse where your case is being prosecuted. If your case is in a Superior Court, you can obtain a copy of your police report from the police department or from the clerk’s office in the courthouse where you were initially arraigned before your case was transferred to Superior Court. If your case is in one of the Superior Courts, or in Federal Court, we can pull electronic copies of the docket sheets prior to your appointment and have them ready for you at the office.
Can the firm order the necessary documents on my behalf from the clerk’s office or the police department?
We can order documents on your behalf, however, in most circumstances, this process takes much longer than requesting the documents from the clerk’s office or police department yourself. We strongly recommend that you go in person to obtain your case documents
What if I’m detained and can’t make an in-office appointment?
If you are unable to come to our office, we can either meet with a family member or the attorney can visit you in jail. If you decide to hire one of our attorneys to represent you, you must have a friend/family member/contact person come into the office to meet with us to arrange a payment schedule.
Do you do consultations over the phone?
We can set up a phone consultation if it is absolutely necessary, but we do prefer meeting our potential clients in person when possible.
How much is the initial consultation?
Your initial consultation is free of charge.
Do you offer payment plans?
Absolutely. We can review payment plan options during your initial consultation.