Dedham Criminal Defense Lawyer and Dedham District Court Attorney

A person arrested in Dedham, Dover, Medfield, Needham, Norwood, Wellesley, or Westwood is arraigned in the Dedham District Court, at 631 High Street, Dedham, MA 02026. A person who receives notice of a clerk-magistrate hearing on a complaint application from one of those seven towns also appears for the hearing at the Dedham courthouse. Attorney Joe Serpa is a Dedham criminal defense lawyer who represents clients in the Dedham District Court at clerk-magistrate hearings, arraignments, motion hearings, and jury trials. He has practiced Massachusetts criminal defense since 1995. Call 617.936.0201. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m.

• Clerk’s office and probation department: (781) 329-4777
• Criminal fax: (781) 320-8249
• Civil fax: (781) 329-8640
• Clerk’s email: cmdedhamdc@jud.state.ma.us

A large paid parking lot behind the Registry of Deeds is open to the public. MBTA bus routes 34E, 35, 36, and 52 serve the courthouse. The Norfolk County Superior Court is across the street, at 650 High Street.

The Norfolk County District Attorney’s Office prosecutes every criminal case in the Dedham District Court. The District Attorney’s Office may also present a felony case to a grand jury and, after an indictment, prosecute the case in the Norfolk County Superior Court.

An assistant district attorney may end a Dedham case by filing a nolle prosequi, a written notice that the Commonwealth is ending the prosecution. A judge may dismiss a Dedham case on a defense motion, such as a motion arguing that the complaint application did not establish probable cause. The firm’s page on how criminal cases get dismissed in the Massachusetts district courts explains who may dismiss a case and for what reasons.

Jurisdiction

The Dedham District Court hears criminal cases from Dedham, Dover, Medfield, Needham, Norwood, Wellesley, and Westwood. A Dedham judge may try every misdemeanor except libel, every felony punishable by no more than five years in state prison, and the additional felonies listed in G.L. c. 218, § 26. The judge may sentence a defendant to no more than two and one-half years in the house of correction on a single charge and may not sentence a defendant to state prison. G.L. c. 218, § 27. A defendant who chooses a jury trial in Dedham is tried before a jury of six. G.L. c. 218, § 26A.

The Norfolk County Juvenile Court in Dedham, at 55 Allied Drive, ordinarily hears the case of a child who was under eighteen on the date of an alleged offense in one of the seven towns. The firm’s page on juvenile delinquency and youthful offender defense explains how the Juvenile Court handles a child’s case.

The Seven Towns the Court Serves

Many Wellesley and Dover residents are executives, physicians, attorneys, and finance professionals. Wellesley is also home to Wellesley College. Many engineers, managers, and consultants work for technology companies in Needham along Route 128. Norwood and Westwood residents include many tradespeople, retail workers, and commuters. Medfield and Dover are quiet residential towns where police calls are rare.

Many defendants in this court are licensed professionals, corporate managers, and students preparing for college. The arraignment creates a CORI entry that a licensing board or an employer sees while the case is pending. A nurse from Needham, a broker from Wellesley, and a contractor from Norwood can face the same charge with very different consequences for their careers. Attorney Serpa tries to resolve a Dedham case early, before a record exists.

Most residents of these towns live in single-family neighborhoods and commute long distances by car, so most of them meet the police on the road. Domestic calls come from private homes where neighbors rarely see anything, so the responding officer’s report is often the main evidence. Many teenagers and college students are home during the summer and school breaks, and many alcohol, shoplifting, and party-related complaints involve those young people.

Motor Vehicle Cases From Route 1, Route 109, and Interstate 95

Interstate 95 runs along the western edge of the court’s towns. Late-night stops of commuters heading home from Boston produce many OUI charges, negligent operation charges, and license suspensions. Route 109 runs through Dedham, Westwood, and Medfield. Route 1 runs through Norwood past the Automile, a long strip of car dealerships. Stops involving dealer plates, test drives, and unregistered vehicles in transit on the Automile also produce criminal complaints.

Many motor vehicle cases in Dedham depend on a motion to suppress. The first question in nearly every case is whether the officer had a lawful reason to stop the car. The judge can suppress the evidence the officer obtained after the stop when the officer cannot state a valid reason for the stop. The suppressed evidence includes the field sobriety test results, the breath test final analysis, and the driver’s statements. The Commonwealth usually cannot proceed after the judge suppresses that evidence, and the case then ends without a conviction and without a plea. Counsel also reviews the Registry of Motor Vehicles records that the Commonwealth uses to prove an unlicensed operation or suspended license charge, because those records often contain errors.

Many Dedham OUI defendants hold a professional license as well as a driver’s license. A physician answers to the Board of Registration in Medicine, a nurse to the Board of Registration in Nursing, and an attorney to the Board of Bar Overseers. Each board asks about the outcome of a criminal case, and each board treats a dismissal very differently from an admission.

Shoplifting Cases From Legacy Place

Legacy Place, a large outdoor shopping and dining center in Dedham, produces many shoplifting and larceny complaints in this court. Most of these defendants are not career thieves. Many are high school students from Westwood, college students home for the summer, or professionals charged after a mistake at a store register. Loss prevention staff document these incidents with video, receipts, and written statements, so the question in most cases is what happens next, not whether something happened.

Parents often make the situation worse before they call a lawyer. A family may contact the store to apologize, offer payment, or ask that the case be dropped, and the prosecutor can later use every one of those statements. The family should instead say nothing to the store and contact a lawyer early. Many of these defendants have a clean record, a good school or work history, and a supportive family. Clerk-magistrates and prosecutors give weight to those facts, and Attorney Serpa presents those facts at the hearing.

A larceny entry on a CORI can come up in a later background check, and a college or graduate school application may ask about the charge. A student’s larceny case can also bring campus discipline and can affect financial aid and study abroad eligibility. The firm’s student criminal defense FAQ covers these school consequences. Most shoplifting cases in Dedham begin with a summons rather than an arrest, so the case usually begins with a clerk-magistrate hearing. The case ends before any court record exists when the clerk-magistrate denies the application.

The Norfolk County Veterans Treatment Court

The Norfolk County Veterans Treatment Court sits at the Dedham District Court. The Veterans Treatment Court is a court-supervised treatment session for defendants who served in the United States Armed Forces. A participant must abstain from drugs and alcohol, complete the treatment the judge orders, and report to the court every week. A veteran whose case is pending in a court without a Veterans Treatment Court may be able to transfer the case to the Dedham session. Counsel can advise a veteran charged with a crime whether to ask for admission to the Veterans Treatment Court.

The Clerk-Magistrate Hearing

A person who has not been arrested has a right to a clerk-magistrate hearing under G.L. c. 218, § 35A before a complaint issues on a misdemeanor application. The person also receives a hearing on a felony application when the police officer requests a hearing. The clerk-magistrate may issue a complaint without a hearing when there is an imminent threat of bodily injury, of the commission of a crime, or of flight from Massachusetts.

Many applications that the Dedham clerk-magistrates hear involve motor vehicle offenses on Route 1, Route 109, and Interstate 95, shoplifting at Legacy Place and University Station, and first-offense applications against professionals who live or work in Wellesley, Needham, and Westwood. Attorney Serpa represents clients at clerk-magistrate hearings in the Dedham District Court.

A clerk-magistrate who finds probable cause on a misdemeanor application may still decline to issue the complaint, unless the district attorney’s office has told the clerk-magistrate that the office intends to prosecute. Victory Distributors, Inc. v. Ayer Division of the District Court Department, 435 Mass. 136, 142 to 143 (2001). A clerk-magistrate’s denial of the application means that no complaint issues, no arraignment takes place, and no CORI entry results from the application. The police department may still keep its report of the incident.

The clerk-magistrate may also hold the application in abeyance, leaving the application open without issuing a complaint. The clerk-magistrate often sets a condition, such as no new offense for a stated period. In Attorney Serpa’s experience, the clerk-magistrate closes the application without a complaint once the person meets the condition. The firm’s clerk-magistrate hearing FAQs answer more questions about the hearing.

The period before arraignment also calls for prompt action. The days between the issuance of a complaint and the arraignment are the last period in which the case can end without a court record. A lawyer who talks with the prosecutor during that period can sometimes have the case diverted. Each later stage, from arraignment through pretrial hearings to trial, has its own opportunities and deadlines. No later stage offers the chance to keep the record clean instead of repairing it later.

Common Charges

OUI (G.L. c. 90, § 24). State Police troopers and local police make many OUI arrests in the seven towns after stops on Route 1, Route 109, and Interstate 95. A defendant convicted of a first OUI offense faces up to two and one-half years in the house of correction, a fine of $500 to $5,000, or both. G.L. c. 90, § 24(1)(a)(1). The Registry of Motor Vehicles (“RMV”) also revokes the defendant’s driver’s license for one year after a first-offense conviction.

A judge may not place an OUI case on file or continue the case without a finding, except under G.L. c. 90, § 24D. Section 24D allows a judge to place an eligible defendant on probation with an alcohol education program and a license suspension that is ordinarily 45 to 90 days rather than one year. The firm’s page on a first-offense OUI in Massachusetts explains eligibility for § 24D and for a hardship license. Counsel examines the stop, the field sobriety tests, and the foundation of the breath test final analysis from the Alcotest 9510. The firm’s page on OUI cases in the Dedham District Court explains the arrest, the license suspension, and the defense of an OUI case in Dedham.

Domestic Violence (G.L. c. 265, §§ 13M and 13A). The Norfolk County District Attorney’s Office often prosecutes a domestic assault and battery charge even when the alleged victim does not want the case to go forward. The Commonwealth may try to prove the case with 911 recordings, statements the alleged victim made to responding officers, photographs, and medical records. The firm’s page on what happens when the alleged victim will not testify explains when a judge admits the alleged victim’s 911 call and statements to the police without the alleged victim’s testimony.

A Dedham judge often imposes a stay away no contact order as a condition of release at the arraignment of a defendant charged with domestic assault and battery. Federal law also prohibits a person convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition. 18 U.S.C. § 922(g)(9). The firm’s page on assault and battery on a family or household member explains the § 13M charge and the penalties on a conviction. The firm’s page on domestic violence cases in the Dedham District Court covers the arrest, the arraignment, the witness intimidation charge, and the 209A restraining order hearing in Dedham.

Prosecutors often add a witness intimidation charge to a domestic violence case. A text message asking a spouse to talk before court can bring a felony charge of witness intimidation under G.L. c. 268, § 13B. The Commissioner of Probation cannot seal a witness intimidation conviction. G.L. c. 276, § 100A. A judge can seal the record of a witness intimidation charge that ended in a dismissal, and the Commissioner of Probation seals the record of a not guilty finding. G.L. c. 276, § 100C. Attorney Serpa obtained the dismissal of charges of domestic assault and battery and witness intimidation in the Dedham District Court. The firm’s results page describes the case.

209A Restraining Orders (G.L. c. 209A). A plaintiff who lives in one of the seven towns may file a complaint for a 209A restraining order, also called an abuse prevention order, in the Dedham District Court. G.L. c. 209A, § 2. A 209A restraining order is a civil order. The court issues the order in a civil proceeding that is separate from any criminal case.

A judge may issue a temporary 209A restraining order without notice to the defendant when the plaintiff demonstrates a substantial likelihood of immediate danger of abuse. G.L. c. 209A, § 4. The court must then give the defendant an opportunity to be heard no later than ten court business days after the judge enters the temporary order. The plaintiff must prove abuse by a preponderance of the evidence at the hearing after notice. Frizado v. Frizado, 420 Mass. 592, 597 (1995).

G.L. c. 209A, § 1 defines abuse between family or household members as attempting to cause or causing physical harm, placing another in fear of imminent serious physical harm, causing another to engage involuntarily in sexual relations by force, threat, or duress, or coercive control. Coercive control includes a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance of a family or household member that causes the family or household member to reasonably fear physical harm or to have a reduced sense of physical safety or autonomy.

A defendant served with a 209A restraining order must obey every term of the order. The judge may order the defendant to stay away from the plaintiff, to have no contact with the plaintiff, to leave a shared home, and to surrender firearms, ammunition, and any firearms license under G.L. c. 209A, § 3B. Counsel for a defendant may present evidence and argument at the hearing on the events alleged in the plaintiff’s affidavit, the reasonableness of the plaintiff’s claimed fear, and the messages between the parties.

A 209A restraining order is separate from a stay away no contact order that a judge imposes as a condition of release in a criminal case. The firm’s page on a 209A restraining order and a criminal case explains what happens when a 209A hearing and a criminal case involve the same events.

A defendant convicted of violating a 209A restraining order under G.L. c. 209A, § 7 faces up to two and one-half years in the house of correction, a fine of up to $5,000, or both. The Commonwealth must prove that the order was in effect, that the defendant knew of the order, and that the defendant violated a term of the order. Contact initiated by the plaintiff is not a defense to the charge. The firm’s page on violation of a 209A restraining order explains the violation charge in more detail.

A judge who extends or modifies a 209A restraining order must order or continue the surrender of firearms when the judge determines that returning the firearms would present a likelihood of abuse to the plaintiff. G.L. c. 209A, § 3C. An active 209A restraining order can affect a pending divorce or custody case, so the criminal defense and the family law strategy must be coordinated. The temporary order ends when the judge does not extend it, and the defendant then no longer has to follow the order. A judge in a later 209A or 258E case can still see a record of the proceeding in the statewide domestic violence record keeping system, even when the judge denied or did not extend the order. Attorney Serpa persuaded a Dedham judge not to extend a 209A restraining order after another judge had issued the initial order, and the results page describes that case.

258E Harassment Prevention Orders (G.L. c. 258E). A plaintiff may seek a 258E harassment prevention order against any person, with no family, household, or dating relationship required. Many 258E cases in the Dedham District Court involve disputes between neighbors in Needham, Wellesley, and Norwood and disputes between coworkers.

A judge may issue the order when the plaintiff proves three or more acts of willful and malicious conduct aimed at the plaintiff. The defendant must have committed each act with the intent to cause fear, intimidation, abuse, or damage to property. The acts must also have caused fear, intimidation, abuse, or damage to property. G.L. c. 258E, § 1. O’Brien v. Borowski, 461 Mass. 415, 420 (2012). A judge may issue the order on a single act when the plaintiff proves that the act constitutes one of the crimes specified in G.L. c. 258E, § 1, such as indecent assault and battery, rape, stalking, or criminal harassment.

Counsel for a defendant often examines whether each act the plaintiff lists was a legitimate complaint to an employer, a landlord, the police, or town officials rather than a willful and malicious act. A defendant convicted of violating a 258E harassment prevention order under G.L. c. 258E, § 9 faces up to two and one-half years in the house of correction, a fine of up to $5,000, or both. The firm’s page on the criminal violation of a 258E harassment prevention order explains the violation charge. Attorney Serpa represents both plaintiffs and defendants at 209A restraining order and 258E harassment prevention order hearings in the Dedham District Court.

Shoplifting and Larceny (G.L. c. 266, §§ 30 and 30A). Police apply for many shoplifting complaints in the Dedham District Court after store security detains a shopper at Legacy Place or another store on Route 1 in Dedham, at University Station in Westwood, or at a store on Route 1 in Norwood. In Attorney Serpa’s experience, the clerk-magistrate holds a hearing on many first-offense shoplifting applications before any complaint issues.

Shoplifting under G.L. c. 266, § 30A is a crime at every value. A first-offense conviction punished only by a fine is still a criminal conviction. A defendant convicted of a first offense involving goods worth less than $250 faces a fine of up to $250. A defendant convicted of a second offense involving goods worth less than $250 faces a fine of $100 to $500. A defendant convicted of a third or later offense involving goods worth less than $250 faces a fine of up to $500, up to two years in jail, or both. A defendant convicted of shoplifting goods worth $250 or more faces a fine of up to $1,000, up to two and one-half years in the house of correction, or both. Larceny of property worth more than $1,200 under G.L. c. 266, § 30 is a felony.

Firearms (G.L. c. 269, § 10). A defendant convicted of carrying a firearm without a license under G.L. c. 269, § 10(a) faces a mandatory minimum sentence of 18 months. A judge may not suspend the 18-month sentence, continue the case without a finding, or place the case on file. Massachusetts does not recognize a license to carry issued by another state. Accordingly, the Commonwealth can charge a driver from another state who is stopped on Interstate 95 or Route 1 with a handgun in the car under § 10(a) in the Dedham District Court.

Drug Offenses (G.L. c. 94C). Possession of a controlled substance under G.L. c. 94C, § 34 is a misdemeanor on a first offense. A defendant convicted of distribution, possession with intent to distribute, or trafficking faces higher penalties than a defendant convicted of possession. G.L. c. 94C requires a mandatory minimum sentence for some trafficking and repeat distribution convictions. Counsel examines the stop, the search, and the chain of custody of the substance the police seized.

Motor Vehicle Offenses (G.L. c. 90 and G.L. c. 90C). Police in the seven towns often cite drivers for negligent operation, leaving the scene of property damage, and operating after suspension instead of arresting the drivers. A driver who receives a criminal citation for a misdemeanor motor vehicle offense, with no arrest and no felony charge, has four days from the violation to request a clerk-magistrate hearing in writing. G.L. c. 90C, § 3. The clerk-magistrate may issue the complaint without a hearing when the driver makes no timely written request. The firm’s article on the four-day deadline explains how to make the request.

College Students in the Dedham District Court

A student at Babson College, Wellesley College, or Massachusetts Bay Community College in Wellesley, or at Olin College of Engineering in Needham, who is arrested or cited on or near campus appears in the Dedham District Court. Which court hears a student’s case depends on the town where the alleged offense took place. A Babson College student arrested in Boston, for example, appears in a division of the Boston Municipal Court. A student charged with a fake ID offense, an OUI, or an assault may also face a school conduct proceeding while the court case is pending. The firm’s page on college and university student criminal defense explains the court case, the school proceeding, and the deadlines that apply to each proceeding.

Professional License and Immigration Consequences

Many people charged in the Dedham District Court live or work in Wellesley, Needham, and Westwood and hold professional licenses in medicine, nursing, law, finance, or education. A licensed professional may have to report an arrest, a charge, a continuance without a finding, or a conviction, depending on the licensing board and the wording of the board’s question. Attorney Serpa reviews the board’s reporting rule with the client before the client accepts any plea, admission, or continuance without a finding. The firm’s page on criminal charges and professional licenses explains the reporting rules by profession.

A noncitizen charged in the Dedham District Court should have an immigration lawyer review any proposed plea, admission, or continuance without a finding before the judge accepts the plea or admission. Federal immigration law imposes its own consequences on a conviction or a continuance without a finding. A noncitizen whose Dedham case ends in a dismissal, or whose complaint application the clerk-magistrate denies, may still face questions on an immigration application or at an interview. The questions may ask about the arrest or about the conduct described in the police report. An immigration lawyer should review the exact question, the client’s immigration status, and the Dedham court record before the client files the application or attends the interview. The firm’s page on the immigration consequences of Massachusetts criminal charges explains the risks for noncitizens and visa holders.

The firm’s Massachusetts Criminal Court FAQs, guide to sealing and expunging a criminal record, and article on what to do after an arrest answer more questions.

Quick Answers

Contact Serpa Law Office at 617.936.0201. Attorney Serpa meets clients at the Boston office, at 20 Park Plaza, Suite 400A, and at the Quincy office, at 500 Victory Road, Suite 400A.