Can You Be Charged If the Police Didn’t See It Happen?

In Massachusetts, the police don’t have to see something happen in order to charge you with a crime. Most complaints are based on witness statements, security footage, or police investigations that take place after the fact.

In misdemeanor cases without an arrest, you might be summoned to a Clerk Magistrate hearing. That’s where a magistrate decides whether there’s probable cause to issue charges based on the written report or live testimony.

For felonies or cases involving an arrest, police can file charges based on their investigation—even if no officer was there when the incident occurred.

This surprises a lot of people. Clients often say, “How can they charge me? They weren’t even there.” But under the law, as long as there’s probable cause, the case can move forward.

That doesn’t mean it’s a strong case. If the witness is unreliable, the story doesn’t add up, or the evidence is weak, there are ways to challenge it. I’ve had plenty of charges dismissed or thrown out at a hearing before they ever got to trial.

Can You Get a CWOF for a Felony in Massachusetts?

A Continuance Without a Finding (CWOF) is usually associated with misdemeanors, but it’s also possible—though less common—for many felonies in Massachusetts.

Whether you’re eligible depends on the charge, your record, and the court’s willingness to agree to it. Some felonies are too serious for a CWOF, especially those involving violence, firearms, or mandatory minimums. But for low-level felonies like larceny over $1,200 or certain drug crimes, a CWOF might be on the table.

Getting a CWOF means the case will be dismissed if you complete probation without violating the conditions. That helps you avoid a guilty finding, jail time, and possibly a conviction on your record.

But it’s not always the best option. A CWOF still appears on your CORI and can have immigration consequences. I’ve negotiated CWOFs for felony clients where it made sense—and pushed for outright dismissals or diversion programs when it didn’t.

Before you accept any deal, make sure you know what it really means. A CWOF can be a break—or a trap.

What Happens If You’re Charged with Assault and Battery in Massachusetts?

Assault and battery is one of the most common criminal charges in Massachusetts—and one of the most misunderstood. You don’t need to cause an injury or even throw a punch to be charged.

Under Massachusetts law, you can be charged with assault and battery if you intentionally touch someone without their consent in a harmful or offensive way. Even pushing someone during an argument can lead to criminal charges.

The penalties depend on the circumstances. For a first-time misdemeanor, you could face up to 2.5 years in jail. But if the alleged victim is a family member, elderly person, or public employee, the charge is more serious. Some cases also involve separate charges like assault with a dangerous weapon or on a household member.

There are defenses. I’ve represented people accused of A&B after breakups, bar fights, traffic disputes, and false accusations. In many cases, we’re able to argue self-defense, lack of intent, or simply that the incident didn’t happen the way it was described.

If you’re facing assault and battery charges, don’t assume it’s just a misunderstanding. Get legal help fast.

What Is Melanie’s Law in Massachusetts?

Melanie’s Law was passed in 2005 to toughen the penalties for drunk driving in Massachusetts. It was named after 13-year-old Melanie Powell, who was killed by a repeat drunk driver. Since then, it has dramatically changed how OUI cases are handled.

One of the biggest changes is the ignition interlock requirement. If you're convicted of a second or subsequent OUI, you’ll need to install an interlock device on any vehicle you drive. That means blowing into a breathalyzer just to start your car—and again while driving.

The law also increased license suspension periods, expanded penalties for refusing a breath test, and added stricter rules for repeat offenders. Even first-time offenders face tougher consequences under Melanie’s Law than they did before it passed.

If you’re charged with OUI, Melanie’s Law will likely affect your case in one way or another. I help clients understand what they’re facing—and build a defense that accounts for every part of the law.

Can You Refuse a Breath Test in Massachusetts?

In Massachusetts, you have the legal right to refuse a breath test if you're suspected of operating under the influence (OUI). But that refusal isn’t without consequences.

Refusing a breath test triggers an automatic license suspension. For a first-time offender, that suspension is 180 days. If you have prior OUI convictions, the penalty is much higher—up to five years. And unlike other suspensions, this one is enforced by the RMV, not the court. That means it takes effect immediately, even if you win your case.

Refusal also limits the prosecution in some ways. The jury typically won’t hear that you refused, which can help your defense. But you lose the chance to challenge the results of a breath test that might have been flawed.

Every case is different, and there’s no one-size-fits-all advice. Sometimes refusing the test helps. Sometimes it makes things harder. I help clients weigh these choices when it counts—and fight the fallout when the decision’s already been made.