Mahoney

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    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
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  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
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      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
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      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
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      • Estate Planning & Asset Protection
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      • Representation Before DCF
      • Dangerous or Nuisance Dog Defense
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
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What Should I Do?

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Massachusetts Criminal Lawyer’s Advice:

Make Sound Decisions

Thoughtful and experienced Massachusetts criminal defense lawyers well understand that the decisions an individual suspected of a crime can severely undermine an attorney’s ability to successfully defend him. With the implications seemingly so dire, the moments immediately following a criminal investigation, an arrest or a summons can overwhelm you. Overcome with disorienting anxiety, some individuals are so desperate to relieve the pressure that they make errors in judgment, errors that can prove highly detrimental to their defense.

Courage is the first of human qualities because it is the quality that guarantees all the others.

~Winston Churchill

Resist the temptation to act on impulse. If you suspect that fear is crippling your ability to make solid decisions, seek out the advice of a friend or an attorney, if you know one. Ask the friend or attorney to help you select a Massachusetts criminal defense lawyer that will navigate you through this ordeal.

Select the Right Lawyer

Choosing the right criminal attorney is critical. We have compiled a list of qualifications you should be looking for in a criminal defense lawyer.

If Arrested, Ask to Use the Telephone

Under G.L. c. 276, § 33A, an individual arrested and brought to the police station is entitled to access to a telephone within one hour of his detention.  Avail yourself of this call at the first opportunity. Just being able to speak with a friend, relative or lawyer will help alleviate your feelings of anxiety, despair and isolation. The police will not normally limit you to a single phone call.  Because these calls are often recorded, resist the temptation to discuss the allegations during these calls. More information on the Right to Use a Telephone.

If Arrested, Make Arrangements to Pay Bail and/or Clerk’s Fee

Before the police will release you, a Clerk Magistrate will determine what, if any, bail to place on you. Even if the Clerk Magistrate decides that bail is unnecessary, you will be assessed a $40.00 fee for the Clerk’s review and you must pay that fee before the police will release you. More information on bail and pre-trial release conditions.

Assert Your 5th and 6th Amendment Rights

If questioned by the police or FBI agents, assert your Fifth Amendment Right to Silence and Sixth Amendment Right to Counsel. Many, if not most, people are concerned that refusing to speak with law enforcement, or informing them that you will retain counsel, will only confirm your guilt, at least in their minds. While that remains a possibility, few people can successfully disabuse law enforcement of their guilt by speaking with the police. Worse, you often have no control over how the police or FBI will perceive, recall, or misrepresent your statements. Only by maintaining your silence can you prevent the police from twisting your statements into admissions of guilt. Furthermore, your assertion of your rights to silence and to counsel cannot be used against you in court.

It is not enough, according to U.S. Supreme Court’s recent decision Berghuis vs. Thompkins, to simply remain passively silent in response to questioning – instead, you must affirmatively state that you are asserting your right to silence and to counsel. Once you have asserted these rights, law enforcement is required to cease further questioning.  More Information on Miranda Rights.

Assert Your 4th Amendment Rights

The Fourth Amendment to the U.S. Constitution, together with Article 14 of the Massachusetts Declaration of Rights, afford you the right to be free of unreasonable searches and seizures. If the police ask you for permission to search your home, person, belongings or motor vehicle, politely refuse. If you allow the police to search, you not only forfeit important rights, you forfeit control over your own residence, person, etc., and severely undermine your chances of successfully challenging the seizure of any evidence they discover.

Offer No Resistance to Police Executing a Search Warrant

Obviously, if the police have secured a search warrant, you can do little or nothing to prevent the search. In fact, attempting to interfere with the police officers or FBI agents as they carry out a search pursuant to a search warrant is a crime. If the police or the FBI show you a search warrant, step aside and permit them into your home, etc. If during this search the police or FBI agents are careless with your possessions, or even deliberately destructive, calmly bring it to the attention of the officer in charge. If he refuses to intervene, make an effort to determine the identities of the offending officers and take photographs of the conditions of the residence, motor vehicle, etc. after the police depart.

Contact a Massachusetts Criminal Defense Lawyer

If you need a Cambridge criminal attorney contact us at 617-492-0055 or use our online contact form to arrange a free in-office consultation. Attorney Kevin J. Mahoney will listen to you attentively and advise you honestly.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

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