Criminal Defense Attorneys in West Springfield, MA

A criminal case in Massachusetts moves on the court’s schedule rather than yours. What happens in the first days — sometimes before any charge exists — shapes what the case becomes.

Attorney Charles J. Sclafani Jr. handles the firm’s criminal defense practice and appears in the district courts across Hampden County. Sclafani & Moriarty has represented clients in Western Massachusetts for over 25 years, from our office at 776 Westfield Street in West Springfield.

The initial consultation is free and takes place in our office. Payment plans are available. Call 413-732-8356.

How Do Criminal Cases Begin in Massachusetts?

There are three routes. Police or a private citizen may apply for a criminal complaint, which can lead to a clerk magistrate hearing before any charge is issued. An arrest or summons leads directly to arraignment. Serious felonies may begin with a grand jury indictment in Superior Court.

Which route a case takes determines whether there is any opportunity to resolve it before a public record exists.

Application for a complaint. Where there has been no arrest, a police officer or a private citizen can file an application for a criminal complaint at the district court. For most misdemeanors, this leads to a hearing before a clerk magistrate.

Arrest or summons. An arrest, or a summons issued after a complaint has been authorized, leads to arraignment. Arraignment is the point at which the charge enters your Criminal Offender Record Information.

Indictment. Serious felonies can be presented to a grand jury and brought directly in Superior Court.

If a court has sent you something in the mail and you have not been arrested, the date on that notice matters. Call before it passes.

What Is a Clerk Magistrate Hearing?

A clerk magistrate hearing, also called a show cause hearing, takes place under Chapter 218, Section 35A before any criminal complaint issues. A clerk magistrate decides whether probable cause exists and whether a complaint should issue at all. If none issues, there is no arraignment and no criminal record.

The hearing is conducted by a clerk magistrate rather than a judge, and it is closed to the public. A person who has not been arrested has the right to notice and an opportunity to be heard, personally or through counsel, before any complaint issues.

Two questions are before the magistrate. The first is whether probable cause exists. The second is whether a complaint should issue at all, and the magistrate retains discretion to decline even where probable cause is established.

If no complaint issues, there is no arraignment, no entry on your record, and no public court file.

Several situations fall outside the right. A complaint may issue without a hearing where there is an imminent threat of bodily injury, an ongoing crime, or a risk of flight from the Commonwealth. Domestic violence matters and alleged violations of a 209A order generally proceed directly to arraignment. There is no statutory right to a hearing on a felony charge, though police may elect to proceed that way, and where they do, a hearing must be held.

A deadline applies to motor vehicle charges. Where a criminal motor vehicle charge arrives by citation rather than arrest — negligent operation, operating after suspension, leaving the scene of an accident — the request for a clerk magistrate hearing must be made in writing within four days of the violation. Paying the citation as though it were a civil ticket does not stop the criminal process.

Which Court Will Hear My Case?

District courts handle most misdemeanors and many felonies. Hampden County has five, and which one hears a case depends on where the incident occurred. Serious felonies are indicted and tried in Hampden County Superior Court at 50 State Street in Springfield.

Springfield District Court, 50 State Street — Springfield, West Springfield, and Longmeadow.

Chicopee District Court, 30 Church Street — Chicopee.

Holyoke District Court, Court Plaza — Holyoke.

Westfield District Court, 224 Elm Street — Agawam, Westfield, Blandford, Chester, Granville, Montgomery, Russell, Southwick, and Tolland.

Palmer District Court, 235 Sykes Street — East Longmeadow, Ludlow, Wilbraham, Brimfield, Hampden, Holland, Monson, Palmer, and Wales.

Hampden County Superior Court sits at 50 State Street in Springfield, in the same building as the Springfield District Court, and handles felonies brought by indictment along with cases beyond the district court’s sentencing authority.

What Is a Continuance Without a Finding?

A continuance without a finding, or CWOF, involves admitting there are sufficient facts to support a guilty finding. The court withholds the finding, places the defendant on probation, and dismisses the case if probation is completed. Under Massachusetts law it is not a conviction for most purposes.

A CWOF is the most common resolution in Massachusetts district courts. The judge does not enter a guilty finding. The case is continued for a period of probation with conditions, and on successful completion it is dismissed.

Under Massachusetts law, that dismissal means no conviction for most employment, housing, and state licensing purposes. If probation is violated, the court can hold a hearing, revoke the continuance, enter a guilty finding, and impose a sentence up to the statutory maximum.

Three situations are treated differently, and each carries permanent consequences:

• Immigration. A CWOF is a conviction under federal immigration law, because the admission itself satisfies the federal definition. A non-citizen should not accept a CWOF without advice on the immigration consequences first.
• Operating under the influence. A first-offense CWOF counts as a prior OUI offense permanently, with no look-back period. A second OUI years later is charged and sentenced as a second offense, and sealing does not remove that consequence.
• Commercial drivers. Federal rules treat a CWOF as a conviction for commercial license purposes, which can disqualify a commercial driver even though the same disposition carries no conviction under state law.

During the continuance period, before the dismissal, the case appears on your record as open with a CWOF notation. Background checks run in that window will show it.

What Happens After an OUI Arrest?

A first offense may qualify for a 24D disposition: probation of not more than two years, a driver alcohol education program, and a license suspension of not less than 45 and not more than 90 days. A driver under 21 faces a 210-day suspension.

Massachusetts calls the offense operating under the influence. Chapter 90, Section 24D creates an alternative disposition for first offenders. With the defendant’s consent, the court may place them on probation for not more than two years, assign them to a driver alcohol education program, and order a license suspension of no less than forty-five and no more than ninety days.

Where the offense was committed by a person under the age of twenty-one, the statute sets the suspension at two hundred and ten days, along with a program designed for younger drivers.

A conviction without the 24D disposition carries a substantially longer suspension. A hardship license may be available during a 24D suspension for drivers who meet the Registry’s requirements, which include enrollment in the program and a demonstrated need for work or school.

Massachusetts counts prior OUI offenses over a lifetime. There is no period after which an earlier offense stops counting, and a disposition accepted decades ago still counts as a first offense today.

What Charges Does the Firm Handle?

Attorney Sclafani defends charges brought in the Hampden County district courts, including operating under the influence, drug offenses, assault and battery, larceny and other property offenses, criminal motor vehicle charges, alleged violations of a restraining order, probation violations, and outstanding warrants.

• Operating under the influence, first and subsequent offenses
• Drug possession and distribution charges
• Assault and battery, including charges arising from domestic incidents
• Larceny, shoplifting, receiving stolen property, and vandalism
• Criminal motor vehicle charges — negligent operation, operating after suspension, leaving the scene
• Alleged violations of an abuse prevention or harassment prevention order
• Disorderly conduct and disturbing the peace
• Probation violation hearings and outstanding warrants

Where a charge falls outside what we handle, we will say so at the consultation rather than after you have retained us.

Can a Criminal Record Be Sealed or Expunged?

Often, yes. Massachusetts allows sealing of misdemeanor convictions three years after disposition and felony convictions after seven. Cases that ended without a conviction can be sealed through the court with no waiting period. Expungement destroys the record entirely but is far more limited.

Sealing and expungement are different remedies. Sealing restricts access to a record that continues to exist. Expungement destroys it. The Greater Boston Legal Services guide to CORI rights sets out both in detail.

Sealing a conviction. A petition goes to the Commissioner of Probation by mail. There is no hearing and no fee, and once the criteria are met, the Commissioner has no discretion to refuse. The waiting period is three years after disposition or release from custody for a misdemeanor, and seven years for a felony, with no intervening convictions and no open cases.

Sealing a case that did not end in conviction. A dismissal, a not guilty finding, or a nolle prosequi can be sealed through the court without waiting. The petitioner appears at a short hearing and must show good cause based on a present or future disadvantage from having a record.

Expungement. The 2018 criminal justice reform created a path to permanent expungement, but a narrow one. It generally reaches only offenses committed before the petitioner’s twenty-first birthday, allows no more than two records in a lifetime, and excludes roughly twenty categories of offense, including firearms charges, restraining order violations, sex offenses, and operating under the influence. Separate paths exist for records created by error or identity theft and for marijuana offenses that are no longer crimes.

Once a record is sealed, a person may answer that they have no record on most Massachusetts applications for employment, housing, and professional licensure.

What Does a Criminal Defense Lawyer Cost?

The initial consultation at Sclafani & Moriarty is free and takes place in our office. We quote a fee once we know what the charge is and where the case stands, and payment plans are available. Court costs and any program fees are separate from attorney’s fees.

Cost depends on the charge and how far the case goes. A clerk magistrate hearing or a first-offense matter resolved early is a contained expense. A case that goes to trial, or one involving motions to suppress and expert testimony, takes considerably more work.

We quote fees up front and offer payment schedules. If you cannot afford a private attorney, the court can appoint counsel, and we will tell you plainly if that is the better route for your situation.

Contact a West Springfield Criminal Defense Lawyer

If you have been arrested, received a summons, or been notified of a clerk magistrate hearing, the time to call is before the date on the paperwork.

Sclafani & Moriarty
776 Westfield Street
West Springfield, MA 01089
413-732-8356

Attorney Charles J. Sclafani Jr. offers free initial consultations in our West Springfield office and appears in the district courts throughout Hampden County, including Springfield, Chicopee, Holyoke, Westfield, and Palmer. Payment plans are available. Call 413-732-8356 or use the contact form.

Frequently Asked Questions

Should I talk to the police if they ask me to come in?

Speak with a lawyer first. An invitation to come in and explain your side is an interview, and what you say becomes evidence. You have the right to decline and to have counsel present. Declining is not an admission of anything and cannot be used against you at trial.

Can I be charged if the alleged victim does not want to press charges?

Yes. Charges are brought by the Commonwealth, not by the complaining witness. A witness who no longer wishes to proceed can tell the prosecutor, and it may affect how the case is handled, but the decision to dismiss belongs to the prosecutor and the court.

What is the difference between a dismissal and a not guilty finding?

A dismissal ends a case without a verdict, whether by agreement, by motion, or after a CWOF is completed. A not guilty finding is a verdict after trial. Both mean no conviction, and both can be sealed through the court without a waiting period.

Do I have to appear in court if I have a lawyer?

Usually yes. Massachusetts requires a defendant’s appearance at arraignment and at most subsequent events, though counsel can sometimes appear alone on procedural dates. A clerk magistrate hearing is different, and in some cases counsel may attend without you. We will tell you which dates require you.

What happens if I miss a court date?

The court can issue a default warrant, which stays outstanding until it is removed and can lead to arrest on any subsequent police contact. A default can also affect bail and license status. If you have missed a date, the warrant can usually be removed, and doing it voluntarily with counsel is better than being arrested on it.

This content is provided for informational purposes only and is not legal advice. Laws and statutes are revised and updated periodically, and the information here may not reflect the most current version of the law. You are strongly advised to speak with an attorney about the specifics of your situation.