Misdemeanor Attorney In Boston

Serious Help For So-Called “Minor” Charges

If you have been charged with a misdemeanor in Boston, you may hear that it is “no big deal.” From my experience, that is rarely true. A single conviction can leave you with a record that follows you for years in job searches, housing applications, school discipline, and sometimes immigration matters.

My name is Brad Bailey, and at Brad Bailey Law, I defend people facing criminal accusations in Boston and throughout Massachusetts. I bring five decades in criminal law and a background as a former state and federal prosecutor to every misdemeanor case I handle. My goal is to protect your record, your reputation, and your future while guiding you through a process that can feel confusing and intimidating.

If you are worried about an upcoming court date or summons, you do not have to face it alone. I offer free, confidential consultations so you can understand your options before you take your next step. Contact me online or call (617) 500-0252 to schedule yours today.

Why Your Boston Misdemeanor Charge Deserves Serious Defense

Many of my clients first come to me believing that a misdemeanor is just a slap on the wrist. Once we talk through what a conviction can mean in Massachusetts, they quickly realize how much is actually at stake. A misdemeanor can create or add to a Criminal Offender Record Information (CORI) file that employers, landlords, schools, and licensing boards often review.

Depending on the charge, Massachusetts law allows for penalties that may include probation, fines, mandatory programs, stay away or no contact orders, and, in some situations, time in a house of correction. Even when jail is unlikely, the record itself can cause long-term harm. I regularly speak with professionals, students, and parents who are less afraid of a short-term penalty and more afraid of what will appear every time someone runs a background check. For noncitizens, a misdemeanor can have additional immigration consequences. For others, certain offenses can trigger license suspensions, school discipline, or issues with professional boards. By the time clients reach my office, they often feel overwhelmed and unsure where to begin. Serious, individualized defense is how you give yourself the best chance to limit these risks.

How I Approach Misdemeanor Defense In This Area

When I sit down with someone facing a misdemeanor, I start by listening carefully to how the charge arose and what matters most to them. I review the complaint, police reports, and any available video or witness information, and I look at the person’s prior record and life circumstances. I want to understand not just what the Commonwealth claims happened, but also what a conviction would mean for that client’s job, school, family, and immigration status.

My years as an Assistant District Attorney in New York County (Manhattan) and Middlesex County, and as an Assistant United States Attorney in Boston, gave me an inside view of how prosecutors build cases, assess evidence, and decide what resolutions to offer. I draw on that experience when I evaluate whether the Commonwealth’s case has weaknesses, whether key elements can be challenged, and where there may be room to negotiate for a reduced charge or alternative outcome. Having never lost a federal trial and having tried more than 100 superior court and federal cases, I know that being genuinely prepared for trial often strengthens your position long before a jury is ever seated.

Not every misdemeanor should go to trial. In many matters, the best result may involve dismissal, a continuance without a finding, or another resolution that protects the client’s long-term interests. I work with each person to discuss realistic goals, potential paths to reach them, and the risks and benefits of different strategies. The strategy for a young student accused of a dorm incident will not be the same as for a professional with a sensitive security clearance, and your defense should reflect that.

Why Clients Choose My Firm For Misdemeanor Cases

People facing misdemeanor charges in Boston often have many lawyers to choose from, and the websites can start to sound the same. Clients who come to Brad Bailey Law usually do so because they want a lawyer whose background gives them confidence when the stakes feel personal and high.

I studied at Harvard College and the University of Virginia School of Law, then spent years in some of the busiest and most demanding prosecutor’s offices in the country, including New York County and the United States Attorney’s Office in Boston. I have handled thousands of criminal cases in state and federal courts and have tried more than 100 matters to verdict. That depth of trial work, together with my record of never losing a federal trial, informs how I approach even a so-called minor charge.

Independent ratings and peer recognition also matter to many clients. Independent ratings and peer recognition also matter to many clients. I hold a 10.0 Superb Avvo rating and an AV Preeminent Martindale Hubbell rating, and I have been selected to Super Lawyers in multiple years. Members of my firm, including Daniel Reilly and Patrick Garrity, have been recognized as Rising Stars. I mention these not to boast, but because they reflect a long history of serious, high-quality advocacy that I bring to misdemeanor cases as well as complex felonies.

Key reasons clients turn to my firm for misdemeanor defense include:

• Prosecutor insight. My years on the government side in Manhattan, Middlesex County, and federal court in Boston help me anticipate how your case is likely to be charged, evaluated, and negotiated.
• Extensive trial experience. With over 100 superior court and federal trials and a record of never losing a federal trial, I am prepared to take a case to verdict when that is in a client’s best interest.
• Respected presence. Decades in Massachusetts courts, including appellate courts, mean judges, clerks, and opposing counsel know my work and take my advocacy seriously.
• Tailored strategies. I do not treat misdemeanors as routine. I consider your goals, your risks, and the specific facts to design a defense that fits you.
• Accessibility. My firm offers free initial consultations, virtual meetings, and 24/7 availability so you can get guidance when you need it most.

What To Expect In A Boston Misdemeanor Case

One of the most common sources of anxiety for clients is not knowing what will happen next. Although every matter is different, Massachusetts misdemeanor cases in Boston usually follow a basic path. Understanding that path can make the experience more manageable and help you make informed decisions at each stage.

Many cases begin with an arrest or with a summons to appear at a clerk magistrate hearing or arraignment in Boston Municipal Court or one of the District Courts that serve nearby communities. At a clerk’s hearing, a clerk magistrate decides whether there is probable cause to issue a complaint. At an arraignment, the complaint is read or waived, and a plea of not guilty is typically entered. The judge will address conditions of release, such as bail or personal recognizance, and any no-contact or stay-away orders requested by the Commonwealth. After the arraignment, your case usually proceeds to pretrial hearings. During this period, the prosecution must turn over discovery, which often includes police reports, witness statements, and any video or other evidence. Key stages that often occur during pretrial include:

• Discovery review. Your attorney reviews the Commonwealth’s evidence and identifies strengths and weaknesses in the case.
• Motions practice. Motions may be filed to suppress evidence, challenge identification procedures, or address other legal issues.
• Negotiations. There are often discussions with the prosecutor about potential resolutions, taking into account your goals and risks.
• Scheduling. The court sets future dates for compliance, motions, and, if needed, trial.

If your case does not resolve at the pretrial stage, it may be set for trial. In many misdemeanor cases, the trial will be in a District Court or Boston Municipal Court and may be heard by a judge or a jury, depending on the charge and the choices made. Throughout this process, my role is to prepare you for each appearance, to advise you on the options realistically available, and to advocate for outcomes that protect your long term interests. My appellate work before the First Circuit Court of Appeals, the Supreme Judicial Court, and the Massachusetts Appeals Court has given me a careful understanding of the legal standards that apply at each step.

Common Misdemeanor Situations I Handle

Although every case is unique, there are certain types of misdemeanor situations I see frequently in Boston and the surrounding communities. Having represented thousands of individuals in state and federal courts, I understand how similar charges can affect very different people in different ways. Recognizing yourself in one of these categories can reassure you that your situation is not unusual and that there are ways to address it.

Some of the misdemeanor scenarios I regularly see include:

• Alleged minor assaults and fights. These matters often arise from bar incidents, neighborhood disputes, or conflicts between people who know each other. Clients worry about jail, but also about how an assault record looks to employers or schools.
• Domestic and relationship-related accusations. Even when charged as misdemeanors, these cases can involve stay-away orders, child custody concerns, and serious stigma. Handling them requires care for both the legal and personal aspects.
• Shoplifting and larceny under a certain amount. I often see students, young adults, and professionals accused of theft from stores or workplaces. They are usually far more concerned about how a dishonesty-related conviction will affect their career or licensure than about the immediate penalties.
• First offense operating under the influence and driving-related charges. These cases can lead to license consequences and insurance issues, which can be devastating for someone who needs to drive for work or family responsibilities.
• Disorderly conduct and public order offenses. Commonly tied to alcohol, protests, or crowded events, these charges may seem minor, but they still create records that can raise questions later.
• College and campus incidents. Boston’s large student population means many cases involve universities and colleges. These matters often involve a parallel school discipline process that must be considered when planning a defense.

In each of these categories, my approach is to look beyond the label of the charge and focus on what you have at stake. A misdemeanor that might be inconvenient for one person could be career-ending for another. I work with you to understand those differences and to pursue outcomes that take them into account.

How A Local Misdemeanor Lawyer Can Protect You

There is a real advantage to working with a local misdemeanor lawyer who knows the courts and people involved in your case. Misdemeanor matters in Boston are typically heard in Boston Municipal Court or nearby District Courts, each with its own routines and expectations. Prosecutors from different offices may approach the same type of charge in different ways, and judges may have their own views on appropriate conditions or resolutions.

Having practiced criminal law in Massachusetts for decades, I am familiar with how cases move through these courts, how probation departments handle supervision and conditions, and how different court sessions typically manage their dockets. This practical knowledge helps me give you a realistic sense of what to expect on any given date and to tailor our strategy accordingly. It can also assist in timing and structuring negotiations with the Commonwealth.

Being local also makes communication easier. My firm can meet with you in person or virtually, and we can respond quickly when police, probation, or court personnel contact you. When you receive a notice to appear or a call from an investigator, you should not have to wait days for guidance. My goal is to be accessible and responsive so that you feel supported at each step of the process.

Frequently Asked Questions

Will a misdemeanor in Massachusetts stay on my record forever?

A misdemeanor in Massachusetts can create a record that remains visible for many years, but in many situations, it does not have to stay there forever. Whether and how it appears depends on the outcome of the case and who is looking at the record. For example, an outright dismissal is different from a conviction and is also different from a continuance without a finding. Over time, certain entries may be eligible for sealing, although the rules and waiting periods vary based on the charge and outcome.

During a consultation, I talk with clients about what type of record already exists, what outcomes are realistically possible in their case, and how those outcomes would affect CORI. I do not promise any specific result, but I do factor record consequences into the strategy we choose. Understanding these rules can help you make decisions that protect your future as much as possible.

Am I going to jail for a first-time misdemeanor?

Most first-time misdemeanor cases in Boston do not result in jail, but the risk depends on the specific charge, the facts, and your history. Some offenses carry potential sentences that include time in a house of correction, especially if there are aggravating factors or prior cases. Others are more commonly resolved with probation, fines, or alternative dispositions, particularly for people with no record.

When I review a new case, I look carefully at the statute, the guidelines that prosecutors in that court often follow, and any aggravating or mitigating facts. I then give clients a candid assessment of where their risk realistically falls and what we can do to try to reduce it. My years as a prosecutor and defense attorney give me a practical sense of how similar cases are usually treated, but no lawyer can guarantee a particular sentence. What we can do is prepare thoroughly and advocate for the least restrictive outcome that fits your circumstances.

What happens at my first court date in Boston?

Your first court date is usually an arraignment, although in some situations you may first have a clerk magistrate hearing. At an arraignment in Boston Municipal Court or a District Court, the clerk will call your case and the complaint will be read or waived, and a plea of not guilty is generally entered on your behalf. The judge will address conditions of release, which may include personal recognizance, bail, or specific orders such as staying away from a location or person.

If I represent you at that first appearance, I prepare you in advance so you know where to go, when to be there, and what you will be asked. I also address any immediate risk of custody, unfavorable conditions, or misstatements in the complaint. In some cases, issues such as counsel fees or scheduling for pretrial hearings are also handled at this stage. Understanding what will occur at arraignment can lower your anxiety and reduce the chance of surprises.

How does your former prosecutor's experience help in misdemeanor cases?

My former roles as an Assistant District Attorney in Manhattan and Middlesex County, and as an Assistant United States Attorney in Boston, help me see your case from the other side of the aisle. I understand how prosecutors are trained to review police reports, evaluate witness credibility, and decide whether to proceed, amend, or resolve a charge. That knowledge allows me to anticipate what evidence they may rely on most and where their case may be vulnerable.

In misdemeanor matters, this experience often helps in negotiations, because I know what arguments are more likely to resonate with a prosecutor and what information can shift how they view a file. It also informs how I prepare for hearings and trials, from cross-examination of police officers to challenges to identification. While no background can guarantee a particular result, clients often find it reassuring to have a lawyer who has stood in the prosecutor’s role and now uses that insight to defend them.

When should I contact a misdemeanor lawyer after being charged?

The safest approach is to contact a lawyer as soon as you learn about a charge, arrest, summons, or a clerk magistrate hearing. Early involvement can affect many aspects of a case, including what you say to police or investigators, how you respond to contact from alleged victims, and how prepared you are for your first appearance in court. Waiting until the last minute often limits the time available to review discovery, investigate, and plan a strategy.

At my firm, I offer free initial consultations and am available 24/7 so that people do not have to wait days for guidance. During that first conversation, I listen to your description of what happened, review any documents you have, and outline the next steps you are likely to face. Even if you are not sure you want to hire counsel yet, getting accurate information early can prevent mistakes that are hard to undo later.

Can you help if my case involves my job, school, or immigration status?

Many of the misdemeanor cases I handle have important collateral consequences for work, school, or immigration. While I do not replace your employment, academic, or immigration advisors, I do take those issues into account when recommending strategies and advocating in court. For example, a healthcare worker, a teacher, and an international student may all face different risks from the same type of charge.

When we discuss your case, I ask detailed questions about your job, licenses, school status, and immigration situation. I then work to pursue resolutions that, where possible, minimize the damage those systems may impose, such as focusing on outcomes that reduce the impact on CORI or avoid certain statutory triggers. The law in these areas can be complex, and I am careful not to promise specific results, but I do believe your defense should reflect the full picture of your life.

How much does it cost to hire a misdemeanor attorney?

The cost of hiring a misdemeanor attorney varies based on factors such as the nature of the charge, the court involved, the complexity of the evidence, and whether the case is likely to go to trial. A simple matter that resolves quickly will typically require less time than a contested, multi-day trial with extensive motions practice. Because of these differences, I do not quote one-size-fits-all fees.

During a free consultation, I explain how I structure fees for your particular case and what services are covered. My goal is to be transparent about costs so you can decide how to move forward with a clear understanding. I appreciate that most clients did not plan for legal expenses, and I work to provide high level defense while being respectful of those realities.

Talk With A Misdemeanor Lawyer About Your Case Today

If you are facing a misdemeanor charge in or around Boston, you do not have to navigate the process on your own or guess at what might happen. A single decision today can shape your record and your options for years to come. By speaking with a misdemeanor lawyer Boston residents have relied on in difficult times, you can get clear information and a strategy tailored to your situation.

At Brad Bailey Law, I bring five decades of criminal law experience, former state and federal prosecutor insight, and a strong trial record to every misdemeanor case I accept. Consultations are free, confidential, and available virtually or in person, and my firm is available 24/7 so you can reach out when questions or emergencies arise. The sooner we talk, the more options we are likely to have.

To discuss your misdemeanor case with Brad Bailey Law, call (617) 500-0252 today.