Frequently Asked Questions

If you’ve been charged with a crime, summoned to a clerk magistrate hearing, or want to appeal a conviction, you probably have a lot of questions. Here are answers to some of the most common ones, based on Massachusetts law and procedure.

Criminal Defense FAQs

  • You’ll usually be booked at the police station, then brought to court for an arraignment, your first hearing. You’ll be told what the charges are and asked to enter a plea.

  • Yes. What happens at arraignment can affect bail, your record, and future plea options. Having a lawyer there helps protect your rights from the start.

  • Only in limited situations. They generally need probable cause, your consent, or a legal exception like a search incident to arrest. If you’re unsure whether a search was legal, it’s worth having a lawyer review it.

  • A dismissal can show up until you seal it. Even if charges are dropped, the case still appears in your court record search until it’s sealed under Massachusetts law.

  • A dismissal is a court ruling; a “nolle prosequi” means the prosecutor dropped the case. Either one ends the prosecution, but the paperwork and record process differ slightly.

  • No, you should not speak with the police unless you have an attorney present. Your statements that you make can be used against you.

If you’ve been charged with a crime in Massachusetts, contact Attorney Dashner to discuss your options before your first court date.

Criminal Appeals FAQs

  • You usually have 30 days from your sentencing date to file a notice of appeal. Missing that deadline can make it harder to challenge the conviction later.

  • Sometimes. If you didn’t understand what you were pleading to, or your lawyer gave bad advice, you may be able to withdraw the plea and start over.

  • That’s one of the main reasons people appeal. The appeals court can review whether errors by your lawyer or the judge affected the outcome.

  • It varies, but most Massachusetts criminal appeals take between 12 and 18 months. Complex cases or motions for new trial can take longer.

  • A direct appeal challenges what happened in court. A motion for new trial lets you bring in new evidence or raise issues that weren’t part of the original trial.

If you believe something went wrong in your case, contact Attorney Dashner to review your conviction or plea for possible appeal.

Clerk Magistrate Hearing FAQs

  • It’s a private hearing to decide whether a criminal complaint will issue. No judge or jury, just a clerk magistrate reviewing the police report and any witnesses.

  • Not unless a complaint issues. If the clerk finds no probable cause, the matter ends there and doesn’t show up on your criminal record.

  • Yes, in most cases your lawyer can appear on your behalf and argue why charges shouldn’t issue. That can help protect your record and avoid unnecessary court appearances.

  • Many people avoid a criminal record through these hearings, especially with an experienced lawyer who can negotiate or present your side clearly.

  • Bring any proof that supports your story, but don’t go in alone or try to argue your own case as statements you make can later be used against you.

If you’ve been summoned to a clerk magistrate hearing, contact Attorney Dashner right away to discuss your options before the hearing date.