Criminal Defense FAQs

Knowledgeable Boston Criminal Defense Attorney with Hands-On Experience Fighting All Types of Felony and Misdemeanor Crimes

If you’re facing criminal charges or under investigation in Boston, it’s natural to feel overwhelmed. The legal system isn’t necessarily intuitive, and understanding your rights is the first step in protecting yourself. This FAQ page is designed to answer common questions about criminal charges, court procedures, and your rights in Massachusetts. While no two cases are alike, having a general understanding of how the process works can help you make informed decisions. The Law Office of Patrick J. Murphy has been representing individuals in Boston criminal cases for more than 30 years. Whether you’re facing a misdemeanor or a felony, or have simply been contacted by law enforcement, Attorney Murphy is the criminal defense attorney you need to help you through it.

Below, you’ll find answers to frequently asked questions related to criminal defense in Boston. For more specific topics, you can also visit:

• Domestic Violence FAQ
• DUI FAQ
• Drug Crimes FAQ
• Motor Vehicle Crimes FAQ
• Warrants FAQ

Frequently Asked Criminal Defense Questions in Boston

What is the difference between a state and federal criminal charge in Massachusetts?

State charges are prosecuted in Massachusetts state courts, typically by county district attorneys, and cover most crimes committed within the Commonwealth—including drug possession, assault, theft, and OUI (operating under the influence). Federal charges are brought in U.S. District Court and usually involve crimes that cross state lines, involve federal property or violate federal law, such as large-scale drug trafficking, wire fraud, or child pornography.

If I’m arrested in Boston, where will my case be heard?

Most Boston-area arrests are handled in either Boston Municipal Court or Suffolk Superior Court, depending on the severity of the charge. Misdemeanors and many felonies are initially handled in Boston Municipal Court, while more serious cases are indicted and move to Suffolk Superior.

Should I talk to the police if they say they just want to ask me a few questions?

No—at least not without first consulting with a lawyer. In Boston and throughout Massachusetts, you have the right to remain silent and to have an attorney present during questioning. Even casual conversations with police can be used against you later in court.  The police also wear body worn cameras that can record what you say.

Can I refuse a search of my home, car, or belongings?

Yes. If Boston police ask to search your property, you have the right to say no unless they have a valid search warrant. Politely state that you do not consent to a search and call an attorney immediately. As a general rule, police officers don’t ask to search unless they need permission—don’t give it to them.

What happens if I miss a court date in Boston?

Missing a scheduled court date—whether it’s for arraignment, a hearing, or trial—will typically result in a default warrant being issued for your arrest. If you believe you’ve missed a court appearance, contact a criminal defense lawyer right away to address the issue before you’re taken into custody.

Will a criminal conviction in Boston show up on a background check?

Yes. Most criminal convictions will appear on a CORI (Criminal Offender Record Information) report, which is used by employers, landlords, and schools. In some cases, you may be eligible to seal your record after a certain period of time. However, these rules are strict and vary depending on the charge.

How long does a criminal case usually take in Boston courts?

It depends on the complexity of the case and the court’s schedule. Some misdemeanors can be resolved in a matter of weeks, while felony cases can take months or even longer. Delays are common in Boston courts due to high caseloads, but a good defense attorney will actively push for timely and favorable outcomes.

What should I do if I have a warrant in Boston but live out of state?

Outstanding warrants don’t disappear just because you’ve moved. In some cases, you can be extradited back to Massachusetts. An experienced Boston criminal defense attorney can often work with the court to quash the warrant or resolve the case without requiring your arrest or a return trip.

Do I need a criminal defense lawyer for a misdemeanor in Boston?

Yes. While a misdemeanor is less serious than a felony, a conviction can still result in jail time, probation, and a criminal record. Some misdemeanor charges carry up to 2.5 years in jail so it is important to hire experienced counsel. Having a lawyer can help you avoid conviction, reduce penalties, or even have the case dismissed. 

How can a criminal defense attorney help with my Boston criminal case?

With three decades of experience in the Boston court system, Attorney Murphy offers aggressive, personalized defense for clients facing all types of criminal charges. We understand how prosecutors in Massachusetts build their cases and know how to push back. Whether you’re under investigation or already charged, having the right criminal defense lawyer can make all the difference.

Do you have more questions? Call the Law Office of Patrick J. Murphy at (617) 367-0450 to schedule a free and confidential consultation.