Massachusetts Legal Developments Blog

What are Potential Defenses in a Massachusetts Criminal Case?

Being accused of a crime is a frightening and humiliating experience and can significantly impact almost every aspect of your life. The potential consequences of a criminal conviction can include probation, fines, restitution, and even jail time. In addition, the collateral consequences of a criminal record can affect you for years, potentially keeping your from securing employment or obtain certain professional licenses. Fortunately, there are a number of ways that a Boston criminal defense attorney can help mitigate or even completely avoid any penalties or other issues that may arise from criminal accusations. In many cases, the early intervention of an attorney can help ensure that your legal rights are protected and can prevent a the filing of a formal case.

Criminal Defenses

A skilled criminal defense attorney is familiar with a variety legal defenses that may be available in your case. Because every case is different, it is important for people who are accused of a crime to have the circumstances of their arrest and any attendant investigation thoroughly reviewed by an experienced lawyer. Possible defenses available include the following:

Alibi - An alibi defense involves introducing evidence that the accused was somewhere else at the time was committed, making impossible for him or her to be guilty;

Self-Defense - Self-defense is a defense that is available to certain defendants who are accused of violent crimes. It involves introducing evidence that indicates that the violence used by the defendant was used in an attempt to defend him or herself from another person's violent attack;

4th Amendment Violations - The 4th Amendment of the United States Constitution prohibits law enforcement and other state actors from conducting unreasonable searches and seizures. Warrantless searches and seizures are presumed to be unreasonable under the law, provided that they do not fall within one of the various exceptions to the rule. In many cases, a 4th Amendment violation will result in the exclusion of illegally obtained evidence from any court proceedings, often substantially weakening the state's case;

Reasonable Doubt - In our system of criminal justice, the state must establish every element of a crime beyond a reasonable doubt. This is the highest burden of proof imposed in the American legal system, and can be very difficult to meet. A skilled defense lawyer can often introduce additional evidence or impeach the credibility of the prosecution's witnesses or evidence to the extent that it creates doubt in the mind of the jury, necessitating an acquittal;

Contact a Boston Criminal Defense Attorney Today to Schedule a Free Consultation

Anyone facing a criminal case in the Boston area should talk to an attorney as soon as possible. To schedule a free consultation with criminal defense lawyer Edward R. Molari, call our office today at (617) 942-1532.