A: You should call a criminal defense lawyer in Boston as soon as you can after an arrest or if you believe you are being investigated. An experienced Boston criminal lawyer can advise as to what you can expect and what is your best course of action. It is best to not speak with the police until you have consulted a criminal attorney, you have the right to remain silent and it may be in your best interest to assert that right.

A: Not all Boston Criminal Lawyers handle appeals. You need to find a criminal a lawyer who specializes in appellate work. Criminal appeals are a lot different from the trial of the case. A Boston criminal lawyer needs to review the transcripts of your trial or plea to see if there are any grounds to request the court of appeals overturn the case. Winning an appeal does not mean the case is over, the case is merely sent back to the trial court to correct the error which may call for anything from a new sentencing hearing to a whole new trial.

When can my loved one return to my Home after an arrest for Domestic Assault and Battery?

A: When police arrive at a call for Domestic Assault and Battery, they will immediately separate the parties and inquire of each as to what happened. Upon any allegation of a threat or an unwanted physical touching against the other, they make an arrest. They do this to avoid leaving the scene and parties together in a situation which may escalate into further violence. The police do not want to be held responsible for having left a dangerous suspect with a victim only having to return later to a potentially much worse situation. They have a zero-tolerance policy and will arrest on just the mere allegation of an assault or threat. Usually once arrested the party is taken to court the next day and released on conditions. The prosecutor usually attempts to reach the victim and inquire as to whether they would like the other party to be ordered by the court to stay away and have no contact from the victim and the home. A victim is also informed of their rights to obtain a restraining order. If the victim would like the arrested party to be able to have contact and return home they should try to get in touch with the prosecutor’s office as soon as possible the next day to inform them of this. At times the prosecutor will ask the court for the parties to stay away and have no contact even though they never spoke to the victim in the case. You should call a Boston criminal defense lawyer as soon as possible to protect both your rights if arrested or the victim of domestic assault and battery.