The Brief
What You Need to Know. No More, No Less.
What Is a Default in Massachusetts?
Missing court can trigger a clerk’s default. Learn what it means, what the consequences are, and how a lawyer can fix it.
A default happens when you fail to appear in court for a scheduled hearing. Once defaulted, the court may issue a warrant for your arrest.
Consequences of a default:
- A bench warrant may be issued
- Your driver’s license may be suspended
- Bail may be set higher if you’re arrested
- The judge may be less lenient moving forward
Fortunately, defaults can often be removed. I regularly file motions to remove default, explain the circumstances, and get cases reinstated. Courts are generally more forgiving if:
- This is your first default
- You act quickly to fix it
- You have a legitimate reason (e.g., medical emergency)
If you missed court, don’t wait. The sooner you act, the easier it is to undo the damage.
What Is a Motion to Suppress in Massachusetts?
Motions to suppress are a key part of criminal defense. Learn how they work and when they can make or break a case in Massachusetts.
A motion to suppress asks the judge to exclude certain evidence from trial because it was obtained illegally—usually by violating your constitutional rights.
Common reasons to file a motion to suppress include:
- A search without a warrant or valid exception
- An arrest made without probable cause
- A confession obtained without Miranda warnings
- Evidence obtained after an unlawful stop or seizure
In Massachusetts, suppression hearings often determine the outcome of the case. If crucial evidence like drugs, firearms, or statements are excluded, the prosecution may have no case left.
I regularly file motions to suppress when there’s even a hint that my client’s rights were violated. These motions require legal skill, case law support, and thorough cross-examination of police officers.
If your case involves any search, seizure, or confession, contact a defense lawyer immediately. The evidence might be weaker than it looks.
Do the Police Need a Warrant in Massachusetts?
Warrants are the rule—but there are exceptions. Here’s how courts decide whether a search without a warrant was legal.
Most of the time, yes. But there are exceptions.
Police generally need a warrant to search your home, car, or belongings. That warrant must be based on probable cause and approved by a neutral judge. But there are circumstances where searches without a warrant are allowed:
- You gave consent.
- The evidence was in plain view.
- There was an emergency or danger to life.
- You were arrested, and the search was “incident to arrest.”
Still, courts scrutinize these exceptions. If police violated your rights, your lawyer can file a motion to suppress, which may exclude the evidence from trial.
Can You Get a Criminal Case Dismissed in Massachusetts?
Many criminal cases in Massachusetts end in dismissal. Here are the most common reasons and how a defense attorney can help make it happen.
Yes—and it happens more often than you think.
In Massachusetts, criminal charges can be dismissed for many reasons:
- Lack of evidence or failure to prosecute
- Constitutional violations (like illegal searches)
- Diversion programs or pretrial probation
- Strategic motion practice
Dismissals can happen before or after arraignment, depending on the situation. A skilled attorney can push for dismissal early by negotiating with the prosecutor or filing motions to challenge the case’s foundation.
The goal is always to end the case as early—and as cleanly—as possible. If you’re facing charges, don’t assume it’s headed to trial. Many cases are dismissed with the right legal strategy.