Best Criminal Defense Lawyers Boston, MA Of 2024

• Heather V. Baer
• Brad Bailey
• Janice Bassil
• Inga Bernstein
• William D. Crowe
• William W. Fick
• Jessica D. Hedges
• Kelli L. Porges
• John R. Salsberg
• Monica R. Shah

A criminal defense lawyer is a legal professional who assists individuals or organizations accused of fraud, assault, DUI, murder or another crime. They ensure that their clients receive a fair trial, as the U.S. Constitution guarantees. If someone cannot afford a lawyer, the court appoints one.

One of the primary functions of a criminal defense lawyer is to safeguard their client’s rights and ensure that the case’s outcome is as favorable as possible. They scrutinize the evidence presented against their client, searching for any mistakes or vulnerabilities that could be leveraged in their favor. They do everything in their power to provide the best possible defense for their client.

Defense lawyers are involved in every stage of the legal process. They represent their clients in court, negotiate with the prosecution to reach a mutually acceptable resolution and assist with paperwork and investigations. They also help their clients after they have been found guilty by advocating for leniency in sentencing or helping them appeal a decision if necessary.

In Massachusetts, you’re guaranteed legal representation in any case where you face imprisonment unless you’ve waived your right to counsel. You can either hire a private defense attorney or be represented by a public defender, who the court appoints when you cannot afford private counsel. Each option comes with its own set of advantages and disadvantages.

• Cost. In Massachusetts, if you’re considered indigent or marginally indigent, you’re eligible for public defender services. They are provided at no cost if your income is below a certain threshold, but some individuals might need to pay a $150 counsel fee. On the other hand, hiring a private defense attorney often costs thousands of dollars, mainly depending on the attorney’s level of experience and your case’s complexity.
• Caseloads. Public defenders bring a vast array of experience across a broad spectrum of legal matters. However, they’re often dealing with an overwhelming workload —this means, despite their experience, public defenders lack time to delve as deeply into individual cases as they, or you, might prefer. Private attorneys, on the other hand, generally have fewer cases to manage, allowing them to devote more time and resources to your defense.
• Resources. Private defense attorneys have a larger pool of resources available to them, which they can use to bring in expert witnesses, hire private investigators and employ a robust support staff to strengthen your defense. Public defenders, while skilled and knowledgeable, grapple with limitations in resources and support staff due to the budgetary constraints of the public defense system. This financial scarcity can hinder their ability to secure expert testimony or conduct extensive investigations, which can impact your defense.

Should You Represent Yourself In a Criminal Case?

Representing oneself in a criminal case is referred to as being a “pro se litigant.” Although it is your right to do so, defending yourself in a criminal matter, where the stakes are high, may not be the best decision. Even minor offenses can lead to long-term consequences that can influence your education, employment and housing opportunities.

Your legal knowledge and familiarity with regulations and courtroom procedures are unlikely to match that of a professional lawyer. This lack of knowledge can adversely affect the outcome of your trial. Moreover, when answering questions from prosecutors, you may unintentionally make self-incriminating statements that could hurt your case.

Another significant disadvantage of defending yourself is the lack of access to legal resources that lawyers typically have. These include expert witnesses, private investigators and extensive legal databases that can significantly strengthen a case. Without these tools, building a robust defense or presenting a compelling argument in court can be challenging.

When someone is accused of a crime, their criminal case unfolds in a series of distinct stages. Here’s an overview:

• Arrest. A criminal case typically begins with the defendant’s arrest, which can occur under various circumstances, such as when a police officer directly observes someone committing a crime, has probable cause to believe a crime occurred or possesses a valid arrest warrant for an individual. Following the arrest, the accused undergoes a booking process and is held in custody for further legal proceedings.
• Bail. After an arrest, a judge or court officer conducts a bail hearing to determine the bail amount and conditions for the accused’s release. The severity of the alleged crime, the risk of the defendant fleeing and the potential danger to the community heavily influence this decision. The defendant’s criminal history and community ties are also crucial factors. The court may release the defendant on their own recognizance, requiring them to promise to reappear in court. Alternatively, it may impose a personal bond, enforce financial penalties for failing to appear, set specific bail conditions for release or deny bail altogether if the defendant’s release poses too great a risk.
• Arraignment. During the arraignment, the defendant appears in court for the first time to be formally charged. Here, the judge outlines the defendant’s legal rights before the defendant responds to the charges with a plea: guilty, not guilty or no contest. The nature of the plea and specific details of the case then guide the court in scheduling subsequent hearings and setting deadlines for pre-trial motions.
• Pre-trial hearings. During pre-trial hearings, the court addresses outstanding legal issues before the trial begins. Prosecutors and defense attorneys may file motions to dismiss the case due to insufficient proof or to exclude evidence obtained in violation of legal standards. Additionally, this phase often includes plea bargaining, where the defendant can plead guilty in exchange for a reduced sentence, charge dismissal or charge reduction.
• Trial. If the negotiation for a plea bargain falls through, the case progresses to a full trial. Here, the prosecution presents evidence and summons witnesses to establish the defendant’s guilt beyond a reasonable doubt. The defense, on the other hand, introduces its own set of witnesses and evidence, aiming to counter the prosecution’s arguments and maintain the defendant’s innocence or minimize their role in the crime.
• Verdict and sentencing. Once the closing arguments end, the judge or jury will announce the verdict, determining the defendant’s guilt or innocence. If the defendant is found guilty, the process moves to a sentencing hearing. At this stage, the judge considers various factors to determine the appropriate sentence. These include the nature of the crime committed and the defendant’s previous criminal history.
• Appeal. If the defendant suspects a legal or procedural error impacted their case’s outcome, they have the right to appeal the conviction or sentence. The appellate court examines the trial court’s record, including all documents, evidence and transcripts of court proceedings, but does not consider new evidence in its decision.

A criminal case in Massachusetts can be resolved in several ways. Generally, the resolution involves a plea bargain, probation (vs. parole) or incarceration.

A plea bargain involves negotiation between the prosecutor and the criminal defense attorney regarding an individual’s case. Individuals may plead guilty or no contest in exchange for reduced charges or leniency in sentencing.

Probation is often an alternative to incarceration (although probation can also follow incarceration). Individuals remain in the community under supervision, but the terms of probation require regular check-ins with a probation officer, compliance with court restrictions, and upholding the law. If a person violates the terms of their probation, they could face incarceration.

Parole occurs after a person has been incarcerated and is released early, subject to various conditions and restrictions. The actual time served in prison before parole eligibility depends on the nature of the offense and the sentence imposed. However, release on parole is not guaranteed, and parole boards carefully evaluate each case.

Sentencing requirements in Massachusetts consider the crime’s severity, the defendant’s prior criminal record, whether the defendant has shown remorse, whether there were any aggravating or mitigating circumstances surrounding the offense, and the impact of the crime on society at large. Some offenses may carry mandatory minimum sentences, limiting judicial discretion.

Expungement is a process that allows you to clear your criminal record. In Massachusetts, you can have two types of expungement—time-based and non-time-based expungements.

For a time-based expungement, the offense must have occurred when you were 21 or under and meet the following criteria:

• You have no additional offenses and are not the subject of a criminal investigation.
• If the offense was a misdemeanor, incarceration and probation ended three or more years ago
• If the offense was a felony, incarceration and probation ended seven or more years ago.
• The offense was not committed while armed with or carrying a dangerous weapon.
• The offense was not committed against a disabled or elderly person.
• The offense was not a sex offense, a sexually violent offense or a sex offense involving a child.
• The offense was not Operating Under the Influence (of drugs or alcohol).
• The offense was not a firearms violation or a violation for illegal sale of a firearm.
• The offense was not a violation of a restraining or harassment prevention order.
• The offense was not an assault or assault and battery on a household member, and
• The offense was not a felony violation of G.L. c. 265.

You could qualify for a non-timed-based expungement if the record was created due to the following:

• False use of your identification
• Unauthorized use of your identity
• Theft of your identity
• Offense(s) that is/are no longer a crime (i.e., possessing small amounts of marijuana)
• Errors by law enforcement
• Errors by a civilian or expert witness(es)
• Errors by court employees
• Fraud perpetrated upon the court

You want to secure a lawyer who delivers expert guidance and aggressive defense when facing criminal charges. Here are some factors to consider when deciding on the right legal advocate for your situation.

• Specialization. Choose a criminal defense attorney who has tried cases similar to yours. For DUI charges, for instance, an attorney with a specialization in DUI cases will be more adept at providing you the best defense, as they will have a better understanding of the nuances of impaired driving-related evidence like a breathalyzer and field sobriety test results.
• Success rate and reviews. Delve into the attorney’s past case outcomes to understand their effectiveness in court. High rates of not-guilty verdicts and case dismissals are good indicators of an effective criminal defense lawyer. Additionally, peruse online reviews and testimonials on their website or third-party sites to gauge client satisfaction and the quality of their defense strategies.
• Discuss fee. Some attorneys might offer a flat rate that covers the entire case, while others might bill by the hour. Knowing the pricing structure upfront will help you find an attorney whose fees align with your budget. Also, inquire about any additional costs you’ll have to pay, such as court fees, investigation fees or expert witness fees.
• Schedule a meeting. Take advantage of free consultation offers to meet potential attorneys in person. This meeting is an excellent opportunity for discussing the specifics of your case, understanding the attorney’s approach to defense and assessing whether their personality and communication style align with your expectations.

There are several criminal defense resources available for individuals who are charged with a crime. Here are some of those resources:

Boston’s Non-Emergency Police Department Contact

There are several scenarios where you may want to contact Boston’s police non-emergency line. Some instances include handling a noisy neighbor or reporting graffiti. The phone number is 311. For crimes in progress, always contact 911.

Where to Get a Police Report and Copy of a Criminal Record

You can get a police record and a copy of a criminal record via email or in person. Read more about the requirements via this link.

Guides and Forms Related to Criminal Defense Help

Massachusetts Court System

Referrals for Criminal Defense Attorney Recommendations

Boston Bar Association
Massachusetts Bar Association

Organizations with Additional Resources

Massachusetts Legal Help
Committee for Public Counsel

To come up with the criminal defense lawyers in Boston of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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