Services
Direct, Personal Representation
At the Law Office of Edward D. Occhialino, I personally represent you in defending the criminal charges with which you have been charged or for which you are being investigated. Your case will not be handed off to an associate. I handle your case directly. I will keep you informed of all proceedings, return your phone calls, consult with you about your defense, listen to your input, and personally litigate your case.
Bail and Bail Reduction
Generally, a person accused of a crime will be held in the custody of the court until his or her guilt or innocence has been determined. The court, however, may exercise its discretion to release a person on bail pending trial. In Massachusetts, a Judge will typically consider and set bail at your arraignment. Bail is set after the Judge considers numerous factors, and should not be set higher than an amount the Court determines will reasonably assure your appearance at your next court date. I will represent you at your Bail Hearing, advocating that you should be released on personal recognizance or a low cash bail. In the case of an incarcerated client, or one who cannot make bail, I will conduct a Bail Reduction Hearing in the Superior Court.
Clerk Magistrate’s Hearings
In Massachusetts, most misdemeanor cases give a criminal defendant the right to a Clerk Magistrate Hearing, or “Show Cause” Hearing, before a criminal complaint issues. At this proceeding, the clerk magistrate determines whether or not there is probable cause to believe that a crime has been committed and that the person sought to be charged committed that crime. Most often, you will be made aware of a show cause hearing through a letter in the mail. Do not confuse this letter as being a mere formality to clear up a misunderstanding. Rather, this is a vital stage in the criminal justice process. I can represent you at your show cause hearing and help you avoid having a criminal complaint issue against you. You should hire a criminal defense attorney to represent you at your show cause hearing because a dismissal keeps your record clean and prevents you from having to face a criminal charge – future background checks of your record will not reveal the application for complaint. Most magistrate hearings ultimately result in arraignment, as probable cause is a far less onerous standard than proving guilt beyond a reasonable doubt. A criminal defense attorney can help you at this stage and increase the chance that the case against you will be dismissed without proceeding to a formal charge.
Criminal Record Sealing & Expunging
A criminal record can make it difficult to find a job and to secure housing. CORI laws changed significantly on August 6, 2010. New legislation makes it easier to seal or expunge your record and help you return to being a productive member of society. Whenever possible, it is a good idea to seal or expunge your record. By sealing your record, you will avoid sending up a red flag. Once you have sealed your record, a CORI check will read that you have no adult criminal record on file. With your record sealed, Massachusetts law allows you to answer “no record” when an employer or landlord asks if you have a criminal record. Under the new law, you may seal misdemeanors after a 5-year waiting period; felonies can be sealed after a 10-year period (in Massachusetts, a misdemeanor is any crime punishable by a maximum of 2 ½ years incarceration; a felony is any crime punishable by a term greater than 2 ½ years, even if you receive a lesser sentence). Provided you did not receive probation, any dismissal, finding of not guilty, finding of “no probable cause,” or want of prosecution (the prosecutor decides not to prosecute the case), allows you to seal your criminal record immediately. Some misdemeanor drug possession offenses can also be sealed without the waiting period. Juvenile records can be sealed after a 3-year waiting period. Additionally, under the new law, employer cannot ask you about your criminal background on a written application, though they may make such inquires during an interview. If you have been convicted of a crime, you should contact an attorney to assist you in sealing or expunging your record.
Grand Jury Matters
If you are the target of a grand jury inquiry, or if you have been summonsed to appear before a grand jury, you should consult a criminal defense attorney. Although a grand jury proceeding does not determine questions of guilt or innocence, they do evaluate the evidence of an accusation of a criminal offense as presented by the prosecutor. If the grand jury determines there is sufficient evidence to warrant a criminal charge, they will issue an indictment. In Massachusetts, a criminal defense attorney can be present with you during your appearance before a grand jury, though he may not address the grand jury. In Federal court, a criminal defense attorney may accompany you to the courthouse, but must remain outside the grand jury room, although you may leave the room to consult with your attorney. You have a right against self-incrimination, and do not have to answer questions that could inculpate you.
Hearings
A criminal case entails numerous proceedings before an actual trial, such as arraignment, pre-trial conferences, pre-trial hearings, and other evidentiary hearings. I will represent you at every stage in working to resolve your case with the best possible outcome.
Motions
I will act on your behalf to file all of the pertinent motions to help you defend your case, from Motions to Dismiss the Indictment to pre-trial motions such as Motions to Suppress Statements and Motions to Suppress Evidence. Should your case proceed to trial, I will further press all relevant trial motions such as Motions in Limine to exclude certain evidence from being introduced.
Plea Negotiations
You may need to consider accepting a plea arrangement to avoid the worst possible penalty upon a conviction. Never accept a prosecution’s plea agreement without consulting a criminal defense attorney. I will give you a full explanation of the charges against you, the penalties you could face upon conviction, and the effects any plea agreement may have on your case and on your future.
Post-Conviction Relief
If you have been found guilty of a crime, I can represent you in seeking post-conviction relief. As your attorney, I can handle your appeal, move the Court for a new trial, or seek other appropriate post-conviction relief, such as a revocation or revision of a sentence. A guilty verdict does not need to be the final disposition of your case.
Pre-charge Investigations
If you have been contacted by law enforcement or have otherwise been made aware that you are under criminal investigation, do not agree to speak with law enforcement until you have consulted an attorney. Inform law enforcement that will cooperate with their investigation after having retained an attorney, and that your lawyer will contact them. As a criminal defense lawyer, I will act as a shield to help protect your rights during the pre-charge investigation and, if charges are brought, I will represent you on those charges. Pre-charge services an attorney may provide include arranging voluntary surrenders, negotiating plea arrangements; a detailed explanation of your rights; strategy to reduce or dismiss charges; addressing failed breath and blood tests stemming from an OUI charge.
Probation and Parole Violations
Once you have been convicted of a criminal defense, you may be ordered to pay a fine, engage in community service, serve time in jail, or be placed on probation. If you have been placed on probation, or have gotten paroled from jail, and have violated either order, it is imperative that you contact a criminal defense attorney. Probation and parole allow persons convicted of crimes to be released into the public under the supervision of a probation or parole officer. A person released on probation or parole often must conform to any number of conditions, such as refraining from alcohol, submitting to drug tests, or getting a job. Examples of probation and parole violations include: missing scheduled meetings with a probation or parole officer, being charged with another crime during your probation/parole, not attending required treatment programs, possessing or using illegal drugs, carrying a firearm, or leaving the Commonwealth without permission from your officer. If you have been charged with a probation or parole violation, a surrender hearing will be scheduled. You should immediately contact a criminal defense attorney, who can help you avoid further punishment, including incarceration. My goal is to resolve your alleged violation without surrender and with conditions that you can meet.
Trials
Should your case proceed to trial, you need a criminal defense attorney who will represent you zealously. I will prepare tirelessly in your defense. I will develop a theory of the case to present the jury, and will augment that theory through direct- and cross-examination of witnesses. I will object to evidence when appropriate and advocate on your behalf. You will not stand and face the charges against you alone – I will stand with you and make the prosecution prove, beyond a reasonable doubt, every element of the case.
State and Federal Crimes
While most of my clients are charged in the Massachusetts State Courts, I also represent criminal defendants who have been charged in Federal Court. Federal charges often stem from such incidents as weapons trafficking, arson, bank robbery, bribery, cyber-crimes, drug offenses, kidnapping, illegal immigration, mail fraud, tax evasion, political corruption, and white-collar crime, such as money laundering. Federal crimes often revolve around conspiracy, where a person can be found guilty by having agreed to commit a crime without actually having participated in that crime.
