Boston Criminal Defense Lawyer | OUI, Domestic Violence, Clerk Hearings | Serpa Law Office


Boston Criminal Defense Focused on Ending Cases Early and Avoiding a Criminal Record


Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He is a graduate of Georgetown University Law Center. He tells each client the truth about the case, whether the news is good or bad.

Attorney Serpa then works to end the case at the earliest possible stage, ideally before the case ever appears on the client’s CORI. A clerk-magistrate who denies the application for a complaint ends the case before arraignment, with no criminal complaint and no CORI entry.

Some cases are won at trial. Many more end at a clerk-magistrate hearing, on a motion to suppress, or through a discussion with a prosecutor that never appears in the news or in the court record. In every case, Attorney Serpa seeks a favorable result as quickly as possible, with the least harm to the rest of the client’s life.

Many clients have far more at stake in a criminal case than a fine or a court date. Licensed professionals answer to licensing boards that ask about charges, not only convictions. The defense of a licensed professional therefore addresses the license consequences from the first call.

College and graduate students face a school disciplinary process with its own schedule, separate from the criminal case. The defense must handle the school case and the criminal case together. For that reason, the firm treats student defense as a separate practice area.

Non-citizens, including international students on F-1 visas and skilled workers on H-1B visas, face immigration consequences that depend on how the case ends. Under federal immigration law, even a continuance without a finding can count as a conviction.

Tradespeople, CDL holders, and commuters depend on a driver’s license. A conviction for operating after suspension or revocation requires proof of a Massachusetts suspension or revocation that had not ended through restoration or a new license, and proof that the person received the required notice.

A conviction for unlicensed operation requires proof that the person operated a motor vehicle on a public way without a valid license or other recognized authorization. The defense of either charge accounts for the client’s driver’s license, job, and record from the beginning.

Serpa Law Office’s clients come from every profession, including law, medicine, finance, technology, and the trades. For many of these clients, a professional license, a job, or a security clearance is at risk in a Massachusetts criminal case. Most of the firm’s results at the clerk-magistrate stage are denials and dismissals of the application for a complaint. In each of those cases, no arraignment took place and no CORI entry was created.

Call Serpa Law Office at 617.936.0201 for a confidential consultation.

Serpa Law Office represents clients at clerk-magistrate hearings and defends OUI, domestic violence, larceny, and firearms charges. The office also handles probation violations, restraining orders, motor vehicle offenses, and other criminal cases in the Boston Municipal Court and the District Courts of Greater Boston. The office regularly represents licensed professionals, college and university students, and clients who hold skilled worker or student visas, for whom a criminal charge has license, school, and immigration consequences.

The Clerk-Magistrate Hearing, Before Any Complaint Issues

A clerk-magistrate hearing, also called a show cause hearing, is a hearing under G.L. c. 218, § 35A that takes place before any criminal complaint issues. The hearing is ordinarily private. A clerk-magistrate who denies the application leaves the person with no complaint, no arraignment, no public record, and no CORI entry.

In Attorney Serpa’s experience, a denial is the final result in virtually every ordinary case, although a denial is not technically a final judgment. Many people attend this hearing without a lawyer because they do not realize that a denial would leave them with no criminal record.

Serpa Law Office has obtained hundreds of complaint denials at this stage in courts across Greater Boston. Attorney Serpa prepares every show cause hearing in detail. See Clerk-Magistrate Hearings in Massachusetts.

Before the hearing, the defense obtains the police report and any citation and identifies the weak points in each element that the Commonwealth must prove. The defense often gathers proof of restitution, counseling, or good character, which gives the clerk-magistrate a reason to hold the application open or to deny the application outright.

Clerk-magistrates have broad discretion to resolve a case informally, even when probable cause exists. A prepared and credible presentation often persuades the clerk-magistrate to deny the application, which leaves the client with no arraignment and no criminal record.

Clients often remark on Attorney Serpa’s calm and steady manner, which comes from years of experience in difficult courtroom situations. Attorney Serpa presents each case to judges and juries in a calm and direct way. He has handled serious Massachusetts criminal cases since 1995.

Serpa Law Office has two offices. The Boston office at 20 Park Plaza #400A is steps from the Arlington Street station on the Green Line. The Quincy office is at 500 Victory Road, Suite 400A.

Serpa Law Office defends people accused of crimes in Massachusetts. Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Attorney Serpa practices criminal defense exclusively.

Attorney Serpa’s cases have ranged from clerk-magistrate hearings in the Quincy District Court to first-degree murder trials in the Plymouth County Superior Court. He has represented clients in the federal courts, the Superior Court, the Boston Municipal Court, and the District Courts across Eastern Massachusetts.

Serpa Law Office has offices in Boston and Quincy. The Boston office at 20 Park Plaza #400A is steps from the Arlington Street station on the Green Line. Call 617.936.0201 for a free consultation at any hour on any day.

How Cases Are Defended

Attorney Serpa prepares every case for trial from the first day, whatever the evidence appears to be. A defense that is ready for trial often obtains a favorable resolution, but some cases must be tried.

In a case that proceeds past the clerk-magistrate stage, the defense files motions against the Commonwealth’s evidence. A motion to suppress challenges the constitutionality of the stop, the search, and any statements. A motion to dismiss argues that the complaint should not have issued.

In OUI cases, the defense examines the stop, the administration of the field sobriety tests, and the maintenance and calibration records of the Draeger Alcotest 9510 device used in the arrest. See OUI Defense in Greater Boston.

In domestic violence cases, the defense coordinates the criminal case from the first day with every related proceeding, including the 209A restraining order hearing and any licensing board, university, or immigration proceeding. See Boston Domestic Violence Defense.

In motor vehicle cases that begin with a criminal citation, the driver has four days to request a hearing. The defense files the request on the day the client calls. See The Massachusetts Criminal Traffic Citation.

A trial can also end without a verdict. A judge may declare a mistrial when the jury cannot agree. The Commonwealth’s right to try the case a second time then depends on manifest necessity and on whether the defense objected to the mistrial or consented to it. The page on mistrials in Massachusetts criminal cases explains those rules.

Results in Massachusetts Courts

Serpa Law Office publishes its results. Since 1995, the office has resolved cases at every level of the court system. Clerk-magistrates denied hundreds of applications for criminal complaints at hearings before any record was created. Hundreds more cases ended in dismissal in the District and Superior Courts.

Juries returned not guilty verdicts in cases that the Commonwealth would not dismiss. A Woburn District Court jury found a client not guilty on all counts in an OUI third offense case. A jury in the Boston Municipal Court, West Roxbury Division, found a client not guilty on all counts in an assault and battery with a dangerous weapon case. A Superior Court jury found a client not guilty of aggravated rape.

Prosecutors know which defense lawyers try cases. That knowledge affects every plea negotiation, long before a jury is seated.

The full record, case by case, is at Massachusetts Criminal Defense Results. Prior results do not guarantee a similar outcome in any other case. The results show how this office prepares and tries cases.

In every courthouse, the defense follows the same sequence. For most misdemeanor charges where the police did not make a warrantless arrest, the first priority is a clerk-magistrate hearing. The clerk-magistrate hearing is a private hearing under M.G.L. c. 218, § 35A that takes place before arraignment. A denial at the hearing means that no CORI entry is created.

After the clerk-magistrate stage, the defense files motions to suppress that challenge the constitutionality of the stop and the search. The defense also prepares every case for trial from the first day, whatever the evidence, so the case is ready for trial if the judge denies a motion to suppress.

In OUI cases, the defense examines the constitutionality of the stop, the administration of the field sobriety tests, and the calibration records of the Draeger Alcotest 9510 used in the arrest. In domestic violence cases, including cases against licensed professionals, the defense coordinates the criminal case from the first day with any related licensing board, university, or immigration proceeding.

For a complete guide to every Massachusetts court, see Massachusetts District Courts and Boston Municipal Court Criminal Defense.

Criminal Defense in Courts Across Eastern Massachusetts

Serpa Law Office represents clients in the Massachusetts District Courts and the Boston Municipal Court across Eastern and Central Massachusetts. Attorney Serpa has practiced in each of these courthouses for decades and knows the judges, the clerk-magistrates, and the prosecutors in each building.

In every court, Attorney Serpa works toward a favorable result at the earliest possible stage and prepares every case for trial from the first day. A complete list of courts appears at the end of this page.

Suffolk County and the Boston Municipal Court

The Boston Municipal Court (BMC) has eight divisions that cover every Boston neighborhood. The Central Division serves Downtown and the Financial District, and the South Boston Division serves South Boston and the Seaport. The Brighton, Charlestown, Dorchester, East Boston, Roxbury, and West Roxbury divisions cover the rest of the city, including the BU area, Logan Airport, Jamaica Plain, Hyde Park, and Roslindale.

The Suffolk County District Attorney’s Office prosecutes BMC cases. In Attorney Serpa’s experience, the office prosecutes domestic violence, OUI, and firearms offenses strictly.

The BMC hears many cases involving students and licensed professionals. These cases include fake ID arrests near the Boston universities, larceny charges in the Financial District, firearms charges against out-of-state travelers at Logan Airport, and cases involving physicians and researchers from the Longwood Medical Area.

Norfolk County

Quincy District Court, at 1 Dennis Ryan Pkwy, hears criminal cases from Quincy, Weymouth, Braintree, Randolph, Milton, Cohasset, and Holbrook. The court hears many OUI cases from stops on Route 3, Route 128, and I-93. The firm’s Quincy office is five minutes from the courthouse.

Brookline District Court, at 360 Washington St, hears criminal cases from Brookline alone. The court hears many cases involving BU, BC, and Northeastern students and physicians from the Longwood Medical Area.

Dedham District Court, at 631 High St, hears criminal cases from Dedham, Dover, Medfield, Needham, Norwood, Wellesley, and Westwood. The court hears many OUI and motor vehicle cases from stops on Route 1, Route 109, and I-95, along with many cases involving licensed professionals from Wellesley and Needham.

Middlesex County

Cambridge District Court, at 4040 Mystic Valley Pkwy in Medford, hears criminal cases from Cambridge, Arlington, and Belmont. The court hears many cases involving Harvard, MIT, and Lesley University students and Kendall Square professionals. Somerville District Court, at 175 Fellsway, hears criminal cases from Somerville and Medford. The court hears cases involving Tufts University students, along with larceny cases from Assembly Row.

Malden District Court shares the Medford courthouse with the Cambridge District Court and hears criminal cases from Malden, Everett, Melrose, and Wakefield. The court hears drug charges and larceny cases from the area around Encore Boston Harbor, the casino in Everett. Waltham District Court, at 38 Linden St, hears criminal cases from Waltham, Watertown, and Weston. The court hears OUI cases from Route 128 and cases involving Brandeis and Bentley students.

Woburn District Court, at 30 Pleasant St, hears criminal cases from Woburn, Burlington, Winchester, Wilmington, Stoneham, Reading, and North Reading. The court hears OUI cases from the I-93 and Route 128 interchange and shoplifting cases from the Burlington Mall. Newton District Court, at 1309 Washington St in West Newton, hears criminal cases from Newton alone. The court hears Turnpike and Route 9 OUI charges and cases involving BC students and Newton medical professionals.

Concord District Court, at 305 Walden St, hears criminal cases from Concord, Lexington, Carlisle, Lincoln, Bedford, Acton, Maynard, and Stow. The court hears OUI cases from Route 2 and I-95 and security clearance cases from Hanscom Air Force Base. Framingham District Court, at 600 Concord St, hears criminal cases from Framingham, Ashland, Holliston, Hopkinton, Sudbury, and Wayland. The court hears Turnpike and Route 9 OUI cases and cases involving MetroWest corporate professionals.

Plymouth County

Hingham District Court, at 28 George Washington Blvd, hears criminal cases from Hingham, Norwell, Scituate, Hanover, Hull, and Rockland. The court hears OUI cases from Route 3 and cases involving South Shore professionals. Attorney Serpa also represents clients in the Brockton, Plymouth, and Wareham District Courts in Plymouth County.

Essex, Bristol, and Worcester Counties

Attorney Serpa represents clients throughout Essex County, including in the Salem, Lynn, Lawrence, Peabody, and Newburyport District Courts. He also represents clients in the Bristol County courts in Taunton, Fall River, Attleboro, and New Bedford, and in the Worcester County courts in Worcester, Fitchburg, Leominster, Milford, and Westborough.

For out-of-state visitors and travelers charged after stops on I-90, I-93, I-95, or Route 3, Attorney Serpa appears in the court that hears cases from the place of the stop. He can handle routine appearances without requiring the client to return to Massachusetts for each date. See Massachusetts Trial Court Overview.

Core Practice Areas

The practice is criminal defense only, concentrated in the courts and practice areas where Attorney Serpa has worked since 1995.

The firm adds new pages as Massachusetts law changes. One page explains the science behind breath test and blood alcohol evidence in OUI cases. Another page explains how a domestic violence charge appears on a CORI record or in the statewide registry. Other pages explain the limited options for sealing or expunging a federal criminal record and the defense of students accused in AI deepfake and explicit image cases.

Clerk-Magistrate Hearings (M.G.L. c. 218, § 35A)

A clerk-magistrate hearing, also called a show cause hearing, is an ordinarily private hearing at which a clerk-magistrate decides whether to issue a formal criminal complaint. The hearing takes place before any arraignment. A clerk-magistrate who denies the application leaves the person with no complaint, no arraignment, and no CORI entry.

In Attorney Serpa’s experience, a denial is the final result in virtually every ordinary case, although a denial is not technically a final judgment. Serpa Law Office has obtained hundreds of denials at this stage in courts across Greater Boston. Readers can find direct answers in the Complete Clerk-Magistrate Hearing FAQ.

An experienced lawyer can use two features of the hearing. First, the clerk-magistrate is not limited to a probable cause finding. The clerk-magistrate may decline to issue the complaint even when the police paperwork shows probable cause.

The clerk-magistrate may also continue the application for a period of good behavior or hold the application open while the person completes restitution or counseling. A lawyer who knows the practices of the particular courthouse can propose a resolution that the clerk-magistrates in that courthouse commonly accept.

Second, the hearing gives the defense its first look at the Commonwealth’s evidence. A well-prepared defense at the hearing tests the complaining witness’s account and creates a record for the arraignment and the rest of the case, even if the clerk-magistrate issues the complaint. A person who attends without preparation, or who speaks without a lawyer, gives up both advantages at a stage that cannot be repeated.

OUI / DUI / Drunk Driving (M.G.L. c. 90, § 24)

Massachusetts District Attorneys enforce the OUI laws under M.G.L. c. 90, § 24 strictly. The criminal blood alcohol limit is .08 for drivers of every age. Under M.G.L. c. 90, § 24P, the Registrar of Motor Vehicles suspends the license of a driver under 21 who is arrested for or charged with OUI and whose blood alcohol content is .02 or more. Attorney Serpa has defended OUI cases since 1995 and has a perfect record of not guilty verdicts in OUI jury trials.

The defense examines the constitutionality of the traffic stop, the administration of the standardized field sobriety tests, and the breathalyzer evidence from the Draeger Alcotest 9510. The Commonwealth v. Ananias litigation established that more than 27,000 Massachusetts breath tests were excludable. For that reason, the defense reviews the calibration records of the machine used in every arrest. See Breathalyzer Defense in Massachusetts and the Massachusetts OUI FAQs.

Domestic Violence (M.G.L. c. 265, § 13M)

Common domestic violence charges include assault and battery on a family or household member under M.G.L. c. 265, § 13M, violation of 209A restraining orders, criminal harassment and stalking, and witness intimidation. Every Massachusetts District Attorney’s Office maintains a strict no-drop policy in domestic violence cases. The Commonwealth proceeds on police observations, 911 recordings, and medical records, regardless of the complainant’s wishes.

Attorney Serpa has obtained not guilty verdicts in domestic violence jury trials across Massachusetts. He has also obtained dismissals on the trial date in cases in which the complainant invoked the marital privilege or was unavailable to testify. See the Massachusetts Domestic Violence FAQs and Massachusetts 209A Restraining Order and 258E Harassment Prevention Order Violation FAQs.

A domestic violence case moves quickly. The accused is often held overnight, arraigned the next morning, and placed under bail conditions or a stay-away order before any defense investigation has begun.

The defense work in the first days affects much of the rest of the case. The defense preserves text messages and 911 audio, interviews witnesses before memories fade, and prepares for the related 209A restraining order hearing. That early work protects both the criminal defense and the client’s housing, employment, and family situation.

Two Massachusetts evidence rules limit the testimony of a witness whose spouse is the defendant. The page on Massachusetts spousal privilege and marital communications explains when a spouse may refuse to testify against the other spouse and the separate rule on testimony about private conversations between spouses. The spousal privilege FAQ answers common client questions.

Firearms Offenses (M.G.L. c. 269, § 10; Chapter 135, Acts of 2024)

Massachusetts firearms defense begins with the constitutionality of the stop and the search that produced the weapon. A person convicted of carrying a firearm without a License to Carry (LTC) under M.G.L. c. 269, § 10(a) receives a mandatory minimum sentence of 18 months.

Under Chapter 135 of the Acts of 2024, certain offenses involving unregistered and unserialized firearms are felonies. The same law sets an October 28, 2026 compliance deadline. See The October 28, 2026 Massachusetts Firearms Registration Deadline and How to Avoid a Felony.

Criminal Motor-Vehicle Charges and Citations

Operating after suspension or revocation under G.L. c. 90, § 23 and unlicensed operation under G.L. c. 90, § 10 are different offenses under Massachusetts law. A conviction under Section 23 requires proof of a Massachusetts suspension or revocation that had not ended through formal restoration or a new license. The Commonwealth must also prove that the person received the required notice.

A conviction under the first paragraph of Section 10 requires proof that the person operated a motor vehicle on a public way without a valid license or other recognized authorization. The police may arrest a person for either offense under the conditions set out in G.L. c. 90, § 21.

Police may instead use a Massachusetts Uniform Citation as an application for a criminal complaint. Under G.L. c. 90C, § 3, a driver cited for a misdemeanor, without an accompanying felony or arrest, has four days from the violation to submit a written request for a clerk-magistrate hearing. The statute does not describe the period as four business days.

General rules for computing statutory time can affect a deadline that ends on a Sunday or legal holiday. The driver should still file immediately rather than rely on an extension. The criminal traffic citation guide explains the request procedure and the separate citation-timing defense.

International students, exchange visitors, researchers, workers, and other people who come to Massachusetts temporarily may drive here on a valid license from their home state or country. They may use that license throughout the temporary stay while keeping their permanent home elsewhere and intending to return there. G.L. c. 90, § 10. A person who moves to Massachusetts permanently or for an indefinite period must obtain a Massachusetts driver’s license before driving.

Police often charge a driver with unlicensed operation after seeing a local address, a school identification card, a local job, or a vehicle kept in Massachusetts for months. Those facts do not establish that the driver moved to Massachusetts permanently or for an indefinite period.

At a clerk-magistrate hearing on a citation, counsel can present the driver’s complete home, school, employment, license, vehicle, and travel records before any complaint issues. The separate guides to Massachusetts driver’s license rules for temporary visitors and people who move here, international students, visitors, and Massachusetts driver’s licenses, and unlicensed operation explain the law in detail.

Massachusetts generally cannot cancel a driver’s license issued by another state. The Massachusetts Registry of Motor Vehicles can, however, suspend an out-of-state driver’s right to operate in Massachusetts. That suspension, often called a hold, can block a license renewal in the driver’s home state years later.

Why Another State Can Suspend Your License Because of a Massachusetts Criminal Case, Warrant or Suspension explains how a warrant, an unpaid citation, or a conviction results in a hold. The page also explains how the Driver License Compact and the National Driver Register make the hold visible to other states.

The same page explains what the driver must clear before any state will issue or renew a license. The Massachusetts License Holds for Out-of-State Drivers FAQs answer common questions from those drivers.

Sealing and Expungement (M.G.L. c. 276, §§ 100A to 100U)

Sealing and expungement can give a person with a past criminal record a clean background check. Sealing under M.G.L. c. 276, § 100A makes a CORI record inaccessible to most employers, landlords, and educational institutions. The Department of Criminal Justice Information Services (DCJIS) answers their inquiries with “no record found.” Expungement under M.G.L. c. 276, § 100E permanently destroys the record.

The Commissioner of Probation can seal a misdemeanor conviction on petition after three years and a felony conviction after seven years. A dismissed case can be sealed immediately on petition.

The better course, where possible, is to keep the record from being created at all. A clerk-magistrate who denies the application leaves no record to seal. See the Massachusetts CORI Sealing and Expungement FAQ and Massachusetts Sealing and Expungement Standards.

Digital Evidence, Phone Searches, and AI-Generated Evidence

Many Massachusetts criminal cases involve digital evidence, including phone searches, AI-generated images, deepfakes, and digital search warrants. Under Riley v. California, 573 U.S. 373 (2014), police must obtain a warrant before searching a person’s phone. See Digital Search Warrants in Massachusetts.

The Fifth Amendment and article 12 of the Massachusetts Declaration of Rights ordinarily protect a person from being compelled to provide a phone passcode. Under the foregone conclusion exception, a judge may order a person to enter a passcode when the Commonwealth proves beyond a reasonable doubt that the person knows the passcode. Commonwealth v. Gelfgatt, 468 Mass. 512 (2014). Commonwealth v. Jones, 481 Mass. 540 (2019). See Your Right to Refuse a Phone Passcode.

Text messages and Snapchat, Instagram, and dating application messages raise separate questions of authentication, authorship, hearsay, completeness, and lawful acquisition. Digital Evidence in Massachusetts Criminal Cases covers the confirming circumstances required by Section 901 of the Massachusetts Guide to Evidence. The page also addresses the difference between authenticity and identity, extraction testimony, platform records, motions in limine, and trial objections.

Massachusetts motor vehicle rules depend mainly on residency and licensing status, not on citizenship alone. A temporary visitor, an F-1 or J-1 student who remains a nonresident, and a person who has made Massachusetts home are subject to different rules.

Under G.L. c. 90, § 10, a visitor or an F-1 or J-1 student who intends to return home may drive on a valid home-jurisdiction license and may choose to obtain a Massachusetts license. See International Students, Visitors, and Massachusetts Driver’s Licenses and the international student driver’s license FAQs.

Drug Crimes (M.G.L. c. 94C)

Massachusetts drug charges under M.G.L. c. 94C range from simple possession to trafficking offenses with mandatory minimum sentences. The defense begins with the constitutionality of the police search that produced the evidence.

A judge can suppress drugs found in an unconstitutional search. The Commonwealth usually cannot proceed with the case after the judge suppresses the drugs. Attorney Serpa has obtained suppression of drug evidence and dismissals in Massachusetts drug cases since 1995.

Sex Crimes

Massachusetts District Attorneys devote substantial resources to prosecuting rape, indecent assault and battery, sexual assault, and possession of child pornography. They also prosecute the distribution of AI-generated sexual images and deepfakes under G.L. c. 265, § 43A, as amended by St. 2024, c. 118.

Attorney Serpa has a perfect record of not guilty verdicts in sexual assault jury trials across Massachusetts, including in the Plymouth County Superior Court, Middlesex Superior Court, Suffolk Superior Court, and Essex County Juvenile Court. The defense of sex offense charges examines the DNA evidence, the credibility of the complainant’s account, and the Commonwealth’s proof beyond a reasonable doubt on each element of the charged offense.

Larceny and Theft Crimes (M.G.L. c. 266, § 30; M.G.L. c. 266, § 30A)

Massachusetts shoplifting and larceny defense strategies depend on the specific facts. The defense may challenge the Commonwealth’s proof of an element of the offense, show that the person did not intend to steal, or show that the owner consented to the taking.

For a first-time defendant, the defense often seeks a denial at the clerk-magistrate hearing. A denial means that no CORI entry is created. For a professional charged with a crime of dishonesty, a denial means that no CORI entry exists for a licensing board or an employer to find.

Violent Crimes

Massachusetts District Attorneys prosecute violent offenses such as assault and battery with a dangerous weapon, mayhem, manslaughter, and murder with substantial resources and experienced prosecutors. Attorney Serpa has obtained not guilty verdicts in each of these categories in jury trials across the Massachusetts Superior Courts. These verdicts include a first-degree murder acquittal in Plymouth County Superior Court and a not guilty verdict on aggravated rape charges in Middlesex Superior Court. See Representative Trial Results.

Who Serpa Law Office Defends

Most clients have never been in a courtroom before. For most of them, the criminal record and its effects on work, licensing, school, and immigration status cause more harm than the penalty in the statute.

Licensed Professionals

Physicians, nurses, attorneys, educators, engineers, and financial and securities professionals answer to boards that ask about charges, not just convictions. Some boards require a professional to report a criminal case as soon as the professional is arraigned, before the case is resolved. Most Massachusetts licensing boards treat a CWOF as a conviction. Under Massachusetts law, a CWOF is not a conviction.

The defense of a licensed professional therefore begins with an effort to prevent the arraignment. Attorney Serpa plans each step around the client’s reporting obligations. See Criminal Defense for Licensed Professionals.

College, University, and Graduate Students, and Their Parents

A student at Harvard, MIT, BU, BC, Northeastern, Tufts, Brandeis, Bentley, or Framingham State who is charged with a crime may also face a school disciplinary proceeding with its own schedule. A student charged with a fake ID offense, OUI, a drug offense, or sexual assault can face a criminal case and a university disciplinary proceeding at the same time. A university may also open a Title IX proceeding on a sexual assault allegation.

The school often opens its disciplinary case after the student is arraigned and the case appears on the student’s CORI. A clerk-magistrate who denies the application keeps the case off the student’s CORI and helps protect the student’s transcript, visa, and career at the same time.

Many students think of a fake ID as harmless, but the Commonwealth can charge a student who uses a fake ID with a serious license offense that has lasting consequences for the student’s record. In Attorney Serpa’s experience, many fake ID cases end with a denial at the show cause hearing when the defense prepares carefully.

For parents whose child is facing a first criminal charge, the goal is usually a private result that the young person will never have to disclose. See Student Criminal Defense and Massachusetts Criminal Records and CORI.

Non-Citizens, Visa Holders, and Permanent Residents

For a student, a professional on an H-1B or other visa, a lawful permanent resident, or an undocumented person, federal immigration law imposes its own consequences on an arraignment. A Massachusetts CWOF is a conviction under federal immigration law. For that reason, Attorney Serpa considers the federal immigration consequences of each possible outcome before the client decides how to resolve the case.

The full analysis is at Immigration Consequences of Massachusetts Criminal Charges and Criminal Convictions for Immigrants and Visa Holders. The firm’s post on Massachusetts Criminal Charges and Immigration Consequences for F-1 and H-1B Holders explains how a student or worker can lose a visa, or face removal proceedings, because of a charge that has not resulted in a conviction.

Tradespeople, CDL Holders, and Commuters

A driver whose job requires driving can face employment, commercial license, and professional licensing consequences from a charge of operating after suspension or revocation, unlicensed operation, or negligent operation. A driver who receives a criminal citation instead of being arrested can make a timely written request for a clerk-magistrate hearing before a complaint or arraignment. A clerk-magistrate who denies the application leaves no complaint, no arraignment, and no CORI entry from that application.

Visitors and Out-of-State Defendants

Many people who live outside Massachusetts are charged with a crime while visiting. The Wrentham and Attleboro District Courts hear many cases from concerts and stadium events. The courts on Cape Cod in Barnstable, Falmouth, and Orleans hear many summer cases. The Salem District Court hears many cases in October.

Serpa Law Office resolves most show cause cases with counsel appearing for the client, so a client who lives in another state does not have to make repeated trips back to Massachusetts. The charge never becomes part of a criminal record if the clerk-magistrate denies the application.

Guides for the First Hours After an Arrest or a Summons

Many people read this page shortly after an arrest, a summons, or a call from the police. The guides below answer common first questions. Each guide links to a full page with the statutes and the steps to take.

In each of these situations, the person should contact a lawyer at the earliest stage of the case. Statements to the police or to anyone else before a lawyer is involved do not help the defense. Call 617.936.0201 at any hour.

Courts Where Serpa Law Office Defends Clients

Serpa Law Office appears in 48 District Court and Boston Municipal Court divisions across Eastern and Central Massachusetts, and in the Superior Courts for indicted cases. Find the court below, or see the complete guide at Massachusetts District Courts and Boston Municipal Court Criminal Defense.

Boston and the Urban Core

North Shore and Merrimack Valley

MetroWest

Central Massachusetts

South Shore, Bristol County, and Cape Cod

Indicted cases proceed in the Superior Courts. Serpa Law Office tries cases across Suffolk, Middlesex, Norfolk, Essex, Plymouth, Bristol, and Worcester Counties. See Massachusetts Criminal Defense Results.

A person who has been arrested, summonsed, or contacted by the police anywhere in Massachusetts should speak with a lawyer as early as possible. The person or a family member can call Serpa Law Office at 617.936.0201 for a free consultation. The Boston office is at 20 Park Plaza #400A, and the Quincy office is at 500 Victory Road, Suite 400A.

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Read How Our Clients Have Responded to Our Massachusetts Criminal Defense Representation

Client Reviews

He's one of the best people I've met. I'm really appreciative of all the help I received. If you have a serious case, he'll work hard to make sure you have the best outcome. I highly recommend him. You will not be disappointed.

A.J

Mr. Serpa was very helpful with my family member ‘s case. He was able to get it dismissed quickly and easily. He is very professional and very good at what he does. I’m so glad he hired him. You will be glad too if you hire him.

Z.M.

Serpa law office was my attorney of choice for 2 seperate cases I had last year. With both situations, Joseph not only treated me great, delivered the results I was hoping for, and was extremely professional and genuine. I would definitely recommend this law office to anyone in need of legal help.

P.C.
Not Guilty

First-degree murder, Plymouth County Superior Court: Not guilty all counts (Comm. v. MR).

Not Guilty

Domestic Assault and Battery, Intimidation of a Witness, Carrying a Firearm, Malicious Destruction of Property, Middlesex County Superior Court: Not guilty all counts (Comm. v. MM)

Not Guilty

Aggravated Assault and Battery with a Dangerous Weapon (Attempted Murder with a Knife), Suffolk Superior Court: Not guilty of felony indictments (Comm. v. JB)

Greater Boston Criminal Law Alerts

Photographing an Unsuspecting Nude Person Must Be Intentional and Disseminating Must Be to a Third Party: Commonwealth v. Goncalves

The SJC upheld a conviction for secretly photographing a nude person and held that dissemination under § 105(c) requires sending the image to a third party.

When ICE Detains a Defendant With an Open Massachusetts Criminal Case

ICE has arrested and moved out of state people with pending Massachusetts criminal charges. The SJC is hearing three appeals on writs, missed trials, and dismissal.

Voluntary Intoxication and Consent After the Cornell Case: The New York Rule and the Massachusetts Rule

By Attorney Joe Serpa | Georgetown University Law Center This post is for general informational purposes only and is not legal advice. It is based on published court decisions, the text of the statutes, public statements by New York officials, and news reporting. The Cornell allegations have not been proved in any court. The case…

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Our Office Locations

20 Park Plaza #400A

Boston, MA 02116

Phone: 617.936.0201 Fax: 617.765.7139
EMERGENCY CALL BACK
24 HRS. / DAY
500 Victory Road
Suite 400A

Quincy, MA 02171

Phone: 617.936.0201 Fax: 617.765.7139

We Accept the Following Payment Solutions