Legal issues can raise a lot of questions, especially when the stakes are high. Below are answers to some of the questions we hear most often. If you do not see your question here, we encourage you to contact us to discuss your situation.
Choose a section below to learn more about our frequently asked questions.
Frequently Asked Questions
Criminal Defense
What should I do if I have been charged with a crime?
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Speak with an attorney as soon as possible. Avoid discussing your case with others or providing statements without legal guidance. Early decisions can significantly affect the outcome of your case.
District Court handles misdemeanors and certain felony offenses, with a maximum sentence of 2.5 years in a house of correction.
Superior Court handles all criminal offenses and has exclusive jurisdiction over certain serious felonies. Cases typically reach Superior Court through grand jury indictment and often involve potential prison sentences.
What is the difference between District Court and Superior Court?
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Criminal cases generally include:
Arraignment
Pretrial litigation and investigation
Motion hearings
Trial
Plea negotiations or resolution
Each stage presents important strategic decisions that can impact the outcome of the case.
What are the stages of a criminal case in Massachusetts?
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Potential outcomes may include:
Dismissal
Pretrial probation
Continuance without a finding (CWOF)
Probation
Suspended sentences
Jail or prison commitment
The appropriate strategy depends on the charges, evidence, and long-term consequences involved.
What are some possible outcomes in a criminal case?
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What is the difference between concurrent and consecutive sentences?
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Concurrent sentences are served at the same time. Consecutive sentences are served one after another, increasing the total amount of time a person may face.
What is the difference between a misdemeanor and a felony in Massachusetts?
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Criminal offenses in Massachusetts are classified as either misdemeanors or felonies depending on the severity of the alleged conduct and the potential penalties involved.
Misdemeanors are typically less serious offenses and are often handled in District Court. Potential consequences may include:
Up to 2.5 years in a house of correction
Fines
Probation
A criminal record
Examples of misdemeanor offenses include:
Assault and battery
First-offense OUI
Disorderly conduct
Shoplifting
Felonies are more serious offenses and may be prosecuted in District or Superior Court.
Potential consequences may include:
State prison sentences
Longer probation terms
Significant fines
Long-term impacts on employment, housing, education, and firearm rights
Examples of felony offenses include:
Drug trafficking
Firearm offenses
Assault and battery causing serious bodily injury
Certain sex offenses
The classification and potential penalties for a charge depend on the specific allegations, prior record, and surrounding circumstances.
Juvenile Defense
How is juvenile court different from adult court?
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Juvenile court focuses more heavily on rehabilitation than punishment. However, juvenile cases can still affect a child’s education, future opportunities, and record if not handled carefully.
What is a youthful offender case?
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A youthful offender case involves more serious felony allegations against a child between ages 14 and 18. These cases may expose a child to adult criminal penalties, including prison sentences.
What are diversion programs?
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Diversion programs allow some juvenile cases to be resolved before arraignment, often helping a child avoid a formal juvenile record. Diversion may be offered by the court or the district attorney depending on the circumstances.
Potential outcomes may include:
Dismissal
Diversion
CWOF or probation
Commitment to the Department of Youth Services (DYS)
Suspended DYS commitment
What are the possible outcomes in a juvenile case?
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DYS conducts assessments and develops a treatment plan focused on rehabilitation. The length and conditions of commitment depend on several factors, including the severity of the offense and the child’s needs.
What happens after a child is committed to DYS?
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Probation Surrender Hearings
What happens if I am accused of violating probation?
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You may receive notice from your probation officer or be brought to court on a probation warrant. The court may hold a hearing to determine whether there is probable cause to believe a violation occurred.
The probation department must prove it is more likely than not that a violation occurred. These hearings follow different rules than criminal trials and may involve evidence not normally admissible in court.
What happens at a final probation surrender hearing?
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Yes. Depending on the circumstances, a judge may continue probation, modify conditions, impose a suspended sentence, or order incarceration.
Can probation violations result in jail time?
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Clerk Magistrate Hearings
What is a clerk magistrate hearing?
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A clerk magistrate hearing, sometimes called a “show cause” hearing, is a private proceeding used to determine whether a criminal complaint should issue for certain misdemeanor offenses.
Who attends a clerk magistrate hearing?
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The accused individual, the complainant, and often the police officer involved may appear before an assistant clerk magistrate, who decides whether criminal charges should issue.
Do I need a lawyer for a clerk magistrate hearing?
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No. You are not legally required to have an attorney at a Clerk Magistrate Hearing. However, these hearings can have significant consequences, and having an experienced attorney who understands the process and how to effectively advocate on your behalf may make the difference between a criminal complaint issuing or your case being resolved before charges are filed.
Restraining Orders
A 209A order is designed to protect individuals from abuse by a family or household member. Orders may include no-contact provisions, stay-away conditions, and firearm restrictions.
What is a 209A abuse prevention order?
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A 258E order addresses harassment situations and does not require a family or household relationship between the parties.
What is a 258E harassment prevention order?
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Can I challenge a restraining order?
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Emergency restraining orders may be issued the same day. A follow-up hearing is usually scheduled shortly afterward to determine whether the order should remain in place
Yes. Both parties have the right to present evidence and testimony at a hearing. Preparation and representation are important because these proceedings can move quickly and carry lasting consequences.
How quickly can a restraining order be issued?
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Special Education
An Individualized Education Program (IEP) is a legally required plan designed to provide specialized educational services for a student with a disability.
What is an IEP?
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What is a 504 plan?
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A 504 plan provides accommodations to help a student with a disability access education equally, even if the student does not qualify for an IEP.
Do I need a lawyer for school-related issues?
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Special education law can be complex. An attorney can help families understand their rights, evaluate whether violations have occurred, and advocate for appropriate support.
What if the school is not following my child’s plan?
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Yes. Both parties have the right to present evidence and testimony at a hearing. Preparation and representation are important because these proceedings can move quickly and carry lasting consequences.
What if I cannot afford an attorney?
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Bermudez Law offers income-based sliding scale fees for education-related matters because financial barriers should not prevent children from accessing necessary support.
School Discipline
Can a suspension or expulsion be challenged?
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Yes. Students have rights during disciplinary proceedings, and many school decisions may be appealed or challenged.
A 504 plan provides accommodations to help a student with a disability access education equally, even if the student does not qualify for an IEP.
Will school discipline affect my child’s future?
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Schools typically present allegations and evidence, and students and families have an opportunity to respond. Legal representation can help ensure student rights are protected throughout the process.
What happens during a school disciplinary hearing?
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Working With Our Firm
What should I expect when I contact your office?
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We take the time to understand your situation and provide clear, practical guidance about your options and next steps.
Do you represent clients outside Massachusetts?
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We only represent clients in Massachusetts matters. If you are unsure whether your case falls within our practice area or jurisdiction, please contact us to discuss your situation.
The best place to start is by scheduling a consultation so we can discuss your situation and how we may be able to help.
How do I get started?
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Still Have Questions?
Every case and family situation is different. If you have questions about criminal defense, juvenile matters, school-related issues, or another legal concern, we are here to help you understand your options and next steps.