Arnold & Kangas, P.C.

I have a question for a criminal defense attorney.

Additional Information:

What is the difference between a felony and a misdemeanor in Massachusetts? Does it have to do with whether you can go to jail or not if you get convicted or is it some other factor? Thanks.

ATTORNEY ANSWER:

Per Massachusetts statute  “A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.”  However, there is much more to consider than simply the felony/misdemeanor classification, for example:

A defendant can receive a continuance without a finding of any guilt on a drunk driving charge and yet if charged again would be treated as a repeat offender.

Many licenses and background records checks do not differentiate between felony and misdemeanor.

Today the import issue is not the characterization of the nature of the crime but the penalties and potential implications for a defendant now and down the road.
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Should we hire an experienced Drug Possession and Criminal Defense Attorney?

Additional Information:

Our son, a freshman at a Boston college, was recently arrested while carrying a small amount of cocaine. My wife and I are wondering if we should spend our money (which we can afford) to hire an attorney to defend him in this charge.  Is it going to make any difference or will he end up with the same type of plea bargain?

ATTORNEY ANSWER:

Penalties for possession of cocaine are up to one year in jail and $1,000.00 fine. An experienced criminal defense attorney can be of great help to anyone faced with a drug possession charge. Remember that all the government has to prove in order to convict is that:
a)   The substance is cocaine;
b)   Your son was in possession.

Despite your good intentions and concerns the Assistant District Attorneys who handle these cases have mandatory recommendations in sentencing that in many instances are not close to the best plea arrangement that can be obtained. [Read more...]