Boston’s Criminal
Defense Lawyer
Defense Lawyer
Boston Municipal Court Dorchester Division Criminal Defense Attorney
A person arrested or summoned to court in Dorchester faces a criminal case in the Dorchester Division of the Boston Municipal Court, at 510 Washington Street, Dorchester, MA 02124. The division hears the cases from the University of Massachusetts Boston campus at Columbia Point and from the neighborhoods along the Red Line from JFK/UMass to Ashmont.
- Clerk’s office and probation department: 617.288.9500
- Clerk’s fax: 617.436.8250
- Probation fax: 617.288.7430
- Clerk’s email: bmcdorchester@jud.state.ma.us
The Suffolk County District Attorney’s Office prosecutes every criminal case in the Boston Municipal Court. The Commonwealth prosecutes a felony beyond the court’s final jurisdiction in the Suffolk Superior Court, at 3 Pemberton Square in Boston, after a grand jury indicts the defendant. The firm’s Boston Municipal Court guide explains what the court can and cannot decide, and the firm’s guide to each stage of a BMC criminal case explains what happens from the clerk-magistrate hearing through trial.
Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents clients in the Dorchester Division at arraignments, clerk-magistrate hearings, motion hearings, and jury trials, from the firm’s Boston office at 20 Park Plaza, Suite 400A. Call 617.936.0201.
The Dorchester Division of the Boston Municipal Court is at 510 Washington Street and hears criminal cases from most of Dorchester, the largest neighborhood in Boston. The clerk’s office telephone number is 617.288.9500. The court assigns a case to this division based on where the offense is alleged to have happened, not where the defendant lives. In every Dorchester case, Attorney Serpa first confirms that the case is in the correct division.
The Dorchester Division hears many cases, and its sessions move quickly. Many defendants in this division are not United States citizens, so the immigration consequences of a case are a central concern in many cases. Attorney Serpa therefore begins preparing each case early.
A High-Volume Court
The Dorchester Division holds many arraignments, clerk-magistrate hearings, and pretrial hearings every week. A busy session does not harm a prepared defendant, but a case can be resolved, or harmed, in a short appearance. Attorney Serpa comes to court with the discovery, the client’s record, and a specific proposal. The sessions move quickly, so Attorney Serpa concentrates on the earliest stage of a case, before an arraignment creates a record entry.
The Dorchester Division hears many kinds of cases, including firearms and weapons charges, drug offenses, domestic violence cases, assault and battery, larceny, and motor vehicle offenses from Dorchester Avenue, Blue Hill Avenue, Gallivan Boulevard, and Morrissey Boulevard. Each kind of case has its own defenses. The sections below describe the kinds of cases Attorney Serpa sees most often in this division.
The Neighborhoods the Court Serves
The Dorchester Division hears cases from Fields Corner, Codman Square, Uphams Corner, Ashmont, Savin Hill, Meeting House Hill, and Bowdoin-Geneva, among other neighborhoods. Other divisions can hear cases from nearby areas, because the location of the alleged offense determines which division hears the case. Attorney Serpa confirms early in every case that the case is in the correct division.
Knowledge of these neighborhoods helps the defense understand the facts of a case, including where a stop happened, what an officer could and could not have seen, and whether a search of a car or an apartment followed the rules. Attorney Serpa compares the police report with the location of the arrest before deciding which motions the evidence supports.
Immigration Consequences of a Conviction or Plea
Dorchester is home to large Vietnamese, Cape Verdean, Haitian, and Caribbean communities. A significant share of the defendants in this division are not United States citizens. For a non-citizen, the immigration consequences of a criminal case are often more serious than the sentence. Federal immigration law applies its own definition of a conviction under 8 U.S.C. § 1101(a)(48)(A). That definition includes an admission of sufficient facts followed by probation. A continuance without a finding, which is not a conviction under Massachusetts law, can still be treated as a conviction for immigration purposes.
The consequences depend on the offense. Some dispositions make a non-citizen removable, others make a lawful permanent resident inadmissible on return from travel, and still others bar relief such as cancellation of removal. Under Padilla v. Kentucky, 559 U.S. 356 (2010), defense counsel must advise a client of the immigration consequences of a plea. In this office, that analysis is done before any disposition is accepted, not after.
Firearms and Violent Offense Cases
Firearms cases are a substantial part of the Dorchester docket. Carrying a firearm without a license is charged under G.L. c. 269, § 10(a). That offense is punishable by a mandatory minimum of eighteen months in a house of correction, and the enhanced penalties of § 10G apply to a defendant with qualifying prior convictions.
The defense in a firearms case usually begins with the stop and the search. Much of the evidence depends on whether the police had a lawful basis to stop a car or a person and to look where they looked. A motion to suppress that succeeds often ends the prosecution, because without the firearm the Commonwealth cannot prove the charge.
Assault and battery under G.L. c. 265, § 13A, and assault and battery with a dangerous weapon under G.L. c. 265, § 15A, also appear frequently. These cases depend on the identity of the aggressor, the reasonableness of any claim of self-defense, and the reliability of the witnesses. Attorney Serpa defends these cases by examining the facts of the incident.
Drug, Domestic Violence, and Motor Vehicle Cases
Drug offenses are prosecuted under G.L. c. 94C. The charge ranges from simple possession to possession with intent to distribute, along with the school zone enhancement of § 32J. A drug case is often built on a search. The lawfulness of that search is usually the center of the defense.
Many domestic violence cases come from the division’s dense housing. The Suffolk County District Attorney enforces a firm no-drop policy, which means a case usually proceeds even when the complaining witness does not wish to go forward. The charge is commonly assault and battery on a family or household member under G.L. c. 265, § 13M. A 209A restraining order case often proceeds at the same time.
Motor vehicle cases come out of stops on Morrissey Boulevard, Gallivan Boulevard, and the neighborhood streets. They range from operating after a suspended license to operating to endanger. The motor vehicle offenses page sets out the charges and the license consequences that follow a conviction.
The Clerk-Magistrate Hearing
When police seek a misdemeanor complaint after an incident that did not result in a warrantless arrest, G.L. c. 218, § 35A ordinarily entitles the accused person to a clerk-magistrate hearing. The hearing occurs before a complaint and before arraignment. The clerk-magistrate decides whether the application establishes probable cause and, where discretion is available, whether to authorize a complaint despite probable cause. The guide to what happens at a clerk-magistrate hearing explains the procedure and possible outcomes.
If the application is denied, no criminal complaint issues, no arraignment occurs, and the application creates no entry on the accused person’s CORI. If the clerk-magistrate authorizes a complaint, the case proceeds to arraignment. A case that begins with a warrantless arrest ordinarily proceeds directly to arraignment instead. The clerk-magistrate hearing FAQ addresses eligibility, privacy, evidence, witnesses, and records.
Attorney Joe Serpa provides representation at Massachusetts clerk-magistrate hearings in the Dorchester Division and elsewhere in the Boston Municipal Court. The broader Boston Municipal Court case guide explains what follows when a complaint is issued.
Representation in the Dorchester Division
Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He has defended criminal cases in the Dorchester Division, in the other divisions of the Boston Municipal Court, and in the surrounding district courts. His profile describes his background. A person with a case, a summons, or a clerk-magistrate hearing in BMC Dorchester can call 617.936.0201 for a free and confidential consultation.
Quick Answers
What area does BMC Dorchester cover?
The Dorchester Division of the Boston Municipal Court serves Dorchester, including Fields Corner, Codman Square, Uphams Corner, Ashmont, and Savin Hill. The courthouse is at 510 Washington Street, and the clerk’s office can be reached at 617.288.9500.
I am not a citizen and I have a case in Dorchester. What should I know?
The immigration consequences are often more serious than the sentence. Federal immigration law applies its own definition of a conviction, and a disposition that looks routine under state law, including a continuance without a finding, can be treated as a conviction for immigration purposes. The consequences should be assessed before any plea is entered, not after.
What are the penalties for a firearm charge in Dorchester?
Carrying a firearm without a license under G.L. c. 269, § 10(a) is punishable by a mandatory minimum of eighteen months in a house of correction, and enhanced penalties apply to a defendant with qualifying prior convictions. The defense usually begins with the lawfulness of the stop and the search.
Can a case be resolved before it goes on my record?
Sometimes. For a case that begins with a summons, the clerk-magistrate decides at a hearing whether a complaint issues at all. No arraignment takes place unless a complaint issues. In Massachusetts, the arraignment, not a conviction, creates the record entry, so a favorable result at the clerk-magistrate hearing can end a case before it appears on a record.
How does the pace of the Dorchester Division affect a case?
The Dorchester Division hears many cases, and its sessions move quickly. A case can be resolved or harmed in a short appearance, so early preparation and a specific proposal are especially useful.
Do I need a lawyer who knows the Dorchester court specifically?
Local knowledge helps. The facts of a case often depend on where the stop or the search happened. A lawyer also learns how the judges and clerk-magistrates in the Dorchester Division weigh employment, restitution, and a clean prior record by appearing in that courtroom.
Related Serpa Law Office Resources:
We Accept the Following Payment Solutions
