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Massachusetts Criminal Defense Attorneys Walk Off the Job—Here’s Why It Matters to You
Hundreds of criminal defense lawyers are protesting the state's failure to pay a livable wage to bar advocates. Here's why it matters for everyone facing charges in Massachusetts.
On May 28, 2025, hundreds of criminal defense attorneys across Massachusetts staged a work stoppage. This wasn’t a publicity stunt or a political protest, it was a necessary stand for the integrity of our legal system. We did it because the Commonwealth has failed to pay public defenders a livable wage, and justice is already starting to suffer.
If you've ever faced a criminal charge in Massachusetts and couldn’t afford a private lawyer, you were probably represented by a bar advocate. These are private attorneys, like me, who contract with the state to defend indigent clients in district and superior court. The work is demanding, often urgent, and absolutely essential to make the Sixth Amendment a reality.
But here’s the problem: the rates haven't kept up with inflation, with rising overhead, or with the complexity of modern criminal practice. Right now, the base hourly rate for bar advocates in district court is just $65 per hour. For that, attorneys are expected to respond to emergencies, juggle crowded dockets, and provide the same level of care we would offer to any private client. By contrast, Maine currently receives $150 per hour, New Hampshire $125 per hour and Rhode Island $112 per hour.
It’s not sustainable. And more importantly, it’s not fair to the people caught in the system. Chronic underfunding means fewer attorneys are taking bar advocate cases, and the ones who remain are overworked. That leads to delays, overloaded dockets, and worse outcomes for the accused. Justice delayed is justice denied.
If the state wants to keep promising the right to counsel, it needs to actually fund it. Until then, we’ll keep raising our voices.
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I was proud to stand with my fellow attorneys in this effort. If you have questions about your rights or need help navigating the criminal legal system in Massachusetts, I’m here to help.
Source: Massachusetts private attorneys, seeking pay raise, refuse criminal defense work
What Is Resisting Arrest in Massachusetts?
Many people charged with resisting arrest were never violent. Massachusetts law defines resistance broadly, but also protects individuals who act out of confusion or fear.
Resisting arrest is a separate criminal offense in Massachusetts that can lead to serious penalties, even when the underlying arrest was questionable. The law makes it illegal to use or threaten physical force in a way that interferes with a lawful arrest. However, not every act of resistance qualifies under the statute.
To prove resisting arrest, the Commonwealth must show that the officer was acting lawfully and that the defendant intentionally tried to prevent the arrest. Simply pulling away, questioning the officer’s authority, or being frightened does not always amount to resistance. The courts recognize that people often react instinctively in stressful situations, and confusion or fear can be a valid defense.
The law also protects individuals when the police use excessive force. If an officer acts unlawfully or with unreasonable aggression, a defendant may argue that their response was defensive rather than resistant. These cases often turn on the details captured in body camera footage or witness accounts.
Resisting arrest charges should always be taken seriously because they can lead to jail time, probation, and long-term record consequences. A strong defense often focuses on what really happened during the arrest and whether the officer’s actions were lawful in the first place.
Can You Be Charged with a Crime of Self-Defense in Massachusetts?
Massachusetts recognizes self-defense but you can still be arrested and charged. Learn how the law works and how to build your defense.
Yes, you can be charged with a crime in Massachusetts even if you acted in self-defense. That surprises a lot of people, but it’s not uncommon.
Police often arrest first and let the courts sort it out. In a fight or confrontation, they may not know who started it, who escalated it, or whether force was necessary. If you admit to throwing a punch, pulling someone off you, or even using a weapon in defense, that can be enough to trigger a charge.
But being charged isn’t the same as being convicted.
Massachusetts law allows you to use reasonable force to defend yourself or someone else if:
- You reasonably believed you were in imminent danger of harm
- You used no more force than necessary
- You were not the initial aggressor (with some exceptions)
Self-defense is an affirmative defense, which means you admit to the act but argue it was justified. I’ve won cases by showing that the alleged “victim” was actually the aggressor, or that my client had no way to retreat and acted reasonably under the circumstances.
Self-defense cases turn on facts. Eyewitnesses, injuries, 911 calls, and surveillance footage can make or break them. If you're charged after defending yourself, the sooner we start building the case, the better.
Can You Win a Clerk Magistrate Hearing?
Massachusetts law allows charges to be stopped at the clerk magistrate stage. Here’s how people win these hearings and avoid a criminal record.
Yes—and winning means the complaint never issues.
A Clerk Magistrate hearing isn’t about guilt or innocence. It’s about whether there’s *probable cause* to believe a crime occurred. That’s a low standard, but it’s not automatic. With the right strategy, many people succeed in getting the case dismissed before it even begins.
Some common ways to win:
- Pointing out inconsistencies or lack of evidence in the complaint.
- Showing that the alleged conduct wasn’t actually a crime.
- Presenting mitigation or context that persuades the clerk not to issue.
- Working out a resolution with the police or complainant before or during the hearing.
Winning a Clerk Magistrate hearing means avoiding an arraignment, a criminal record, and public court involvement. These hearings are a unique opportunity in Massachusetts criminal practice—and one of the most important chances you’ll get to stop a case early.
If you’ve received a notice for a clerk hearing, take it seriously, and contact me.
Do You Need a Lawyer at a Clerk Magistrate Hearing?
A clerk magistrate hearing is your first chance to avoid criminal charges altogether. Here’s why legal representation can make all the difference.
Yes—if you’re serious about avoiding criminal charges.
Clerk magistrate hearings, often called “show cause” hearings, decide whether a criminal complaint will issue against you. The outcome of this hearing can mean the difference between staying off the criminal record and facing public prosecution.
An attorney does more than argue on your behalf. A good lawyer can:
- Challenge whether probable cause exists.
- Cross-examine the complainant or officer.
- Present favorable facts or mitigating context.
- Negotiate informal resolutions that keep charges from issuing.
Many people make the mistake of showing up alone, thinking the hearing isn’t serious. But the magistrate’s decision can follow you for years. If a complaint issues, it becomes part of your criminal history—even if the case is later dismissed.
At my firm, I handle these hearings regularly. I know what clerks are looking for, and I can help keep the matter out of court.
If you’ve received a summons for a show cause hearing, contact me. This may be your only chance to resolve things quietly—and successfully.