Law Office Of Frank Fernandez, Esq.

Yes, we are proud to offer violent crime services in Boston, MA.

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Yes, we are proud to offer theft crimes services in Boston, MA.

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Yes. The manner in which the warrant is executed, the surveillance takes place or the reliability of the informant are all grounds for having the warrant thrown out. You need an experienced Boston criminal defense attorney who can challenge the manner in which the police searched or seized evidence in your case.

Yes. The terms of a restraining order can be modified in probate court. A probate judge may allow for visitation rights with children and may set up different terms than were issued at a previous restraining order hearing.

If a judge determines that conditions of probation have been violated he then has the option of either continuing probation with stricter terms or she can sentence an individual to jail on the underlying charge up to the maximum amount of time allowed based on the underlying offense. Frank Fernandez is a criminal defense lawyer who is happy to give you a free consultation if you are facing a probation violation hearing.

Violent crimes can be classified as any crime which poses a risk of harm or threat to another person.

To overturn a conviction, an appellate court must find an error that could have made a material difference in the jury’s deliberations.

Whenever a litigant loses in a Federal Court of Appeals or in the highest court of the state, there is one action that they can still take. Often, losing parties are allowed to file a petition for a “Writ of Certiorari” – a document that asks the Supreme Court to review their case for a potential retrial. However, note that the highest court of the land does not have to grant a review as it will only agree to hear a case only when it involves an unusually important legal principle. Conversely, a review may be sought when two or more federal appellate courts have interpreted the law differently!

Arson investigations may get complicated, especially where there are possible natural causes. For example, a fire in a chemical complex may happen if any of the chemicals were not stored right or triggered an increase in temperatures. However, someone may have started the fire too.

The difference between making a simple mistake ad an outright lie when applying for a passport depends on whether you knowingly made the false statement. In many cases, people make outright lies in their applications to evade a particular restriction such as arrest. Here is an example; one may try to change the last name to evade a warrant of arrest. This may actually lead to arrest and new charges. However, if you gave a wrong birthday and there are no legal proceedings or suspicions against you, the immigration department will just alert you about the error.

Appeals are a facet of the American justice system that provides losing parties in a trial court decision with the opportunity to counteract such an outcome.

After an arrest for assault and battery a defendant appears in court the next day and may face a restraining order hearing. A judge has the power to order that the defendant remain out of the home and away from the children and spouse for up to one year.

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"Our office is located at Boston, MA. "

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Yes, we handle College Student Crimes cases in Boston, MA.

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Yes, we handle Violent Crimes cases in Boston, MA.

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Yes, we handle Theft Crimes cases in Boston, MA.

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Frank Fernandez is a Boston criminal attorney who knows how to defend armed robbery cases. If you have been charged with or are being investigated for armed robbery contact our office for a free consultation.

If convicted of armed robbery a defendant could face up to life in prison. It is important to get an experienced Boston criminal defense attorney involved in your case as soon as possible. Armed robbery cases involve many complex issues such as witness identification.

A misdemeanor is generally a less serious criminal offense. In Massachusetts it is not punishable by a “state” prison sentence. However, under federal law a misdemeanor is a crime punishable by less than one year in prison. On the other hand, a felony is a more serious criminal offense. In Massachusetts a felony is punishable by a state prison sentence, even if a state prison sentence is not ordered. Under the federal law a felony is an offense that is punishable by a sentence of a year or more of incarceration. Under immigration law, there is a separate definition for a felony, specifically, an “aggravated felony”. This definition set forth in Section 101(a)(43) of the Immigration & Nationality Act, may include charges that would be misdemeanors under the applicable state law.

Not necessarily. Criminal charges are processed by the state/government and not by an individual. The fact that an alleged victim does not want to participate or testify, may convince the prosecutor to dismiss the charges, if there are no other witnesses or convincing source of evidence against the defendant. The determination to dismiss a criminal charge rests with the prosecution or in certain circumstances the judge, not with a witness. In many counties in Massachusetts, the Offices of the District Attorneys/Prosecutors have policies against dismissing charges, particularly related to domestic violence, merely because a witness states that they do not want to testify.

An arraignment is the initial formal proceeding before a court in a criminal matter. Generally, the court will announce the charges that have been filed against the defendant. The defendant will enter a plea or often times the court will enter a plea of not guilty on the defendant’s behalf. The prosecutors can ask the court to enter an order of detention or in some cases, restrictions on the person’s freedoms if they are released. The arraignment happens after a criminal complaint is filed by the police, after an individual is arrested and charged or a clerk magistrate approves an application for a criminal complaint after a clerk magistrate hearing.

No, the US constitution, as well as the Federal and State laws, do not require an individual who has been arrested to speak to the authorities, with the exception of providing basic information about one’s identity. The decision of whether or not to speak to the police is a very important one and it should be evaluated with your attorney as soon as possible.

Yes, we are proud to serve the entire area of Downtown Boston.

Yes, we are proud to serve the entire area of massachusetts.

Yes, we are proud to serve the entire area of Boston.

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If convicted of armed robbery a defendant could face up to life in prison. It is important to get an experienced Boston criminal defense attorney involved in your case as soon as possible.

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Yes, we are proud to offer criminal defense in Boston.

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