Massachusetts Criminal Defense Resource Page

How to Beat a Criminal Charge

(Even When You Think You Are Guilty)

If you are accused of a criminal charge, and you admit to yourself that you did what they say you are accused of, that does not mean you should just plead guilty.

If you made a mistake, feel terrible about it, and just want to get this over with that is understandable. And it is honorable to want to accept responsibility for your actions.

But feeling guilty does not mean you should plead guilty.

There are still creative legal defense options, and good reasons to consider getting the best deal for yourself. You deserve second chance, and don't deserve harsh punishment for a foolish mistake.

The fact is, a criminal conviction on your record can be a big deal. It will show up on any background check, and can limit future options for your career, and you life.

Limiting your future opportunities, especially for a young person, who's never been in trouble before, and is highly unlikely to ever run afoul of the law again. doesn't help anyone.

It is not in the best interests of justice, and society as a whole.

But prosecutors are always very busy, and sometimes a little lazy. So it is up to the defense to propose these alternatives and fight for them, on your behalf.

Alternatives to Pleading Guilty

These are not just legal loopholes, or technicalities. These are laws written into the Massachusetts criminal statues on purpose, and you are entitled to use them. There are a number of options to obtain a dismissal prior to arraignment. Sometime you can even tweak the rules, and do this if an arraignment has already happened.!

Pretrial Diversion

A pretrial diversion is simply diverting the charge from the Massachusetts criminal court systems, provided certain conditions are met, as set by the judge. This options is listed under Chapter 276a of the Massachusetts statutes.

We file a motion, affidavit, and memorandum to divert the case to some type of alternate program or community service requirement. 

If the judge agrees, and you complete the terms of the program, the judge can void the charges as if it never happened, without appearing on your record.

Massachusetts Pretrial Diversion Eligibility

To be eligible for a pretrial diversion, the defendant must be between 17 and 21 years of age, and must be charged with a non-violence offense. Typical charges where pretrial diversions are accepted include minor in possession of alcohol, shoplifting, and criminal traffic offenses.

A judge has complete discretion as to whether or not to allow a pretrial diversion, whether or not the DA agrees.

111e "Drug Dependant Diversion"

Similar to a pretrial diversion is a 111e, which is reserved for drug dependant individuals who the court agrees would benefit from drug rehabilitation.

So instead of a criminal charge for a Possession of a Class A Controlled Substance, the defendant is diverted to a rehab program, and closely monitored by the courts.

If the program is completed, the charge is voided.

Remand to Clerk's Hearing

Sometimes, even after a case has been arraigned, we can file a motion for the judge to remand the case back to a a clerk magistrates hearing, also known as a clerk's hearing, or "show cause" hearing.

We can argue that the facts of the arrest don't support the charge, and that there isn't sufficient cause to bring a criminal complaint at all. If we can get the clerk magistrate to agree to this, it is as if you were never arrested and charged with a crime, and will never appear on your record. So it is even better than getting your case dismissed.

Free Criminal Case Evaluation on Any Massachusetts Arrest or Charge

As you can see, these legal situations are a little bit complicated. And, to be perfectly honest, most criminal defense lawyers in Massachusetts don't use these motions and techniques at all.

But I've had some very good success and outstanding results for my clients.

While they don't apply to everyone, and won't always work, it is always worth the effort to explore every possible alternative to a criminal conviction on your record.

If you are facing a criminal charge in Massachusetts, please contact me for a free consultation on any offense.

Even if you think you are guilty, you deserve fair treatment under the law. Let me make sure you have all the legal protections afforded to you.