In-Depth Strategies to Help Fight For Your Rights The Experience of a Former Prosecutor & Officer on Your Side

Criminal Defense FAQ: Salem, MA Criminal Defense Attorney

Answers to Common Questions in Criminal Law in Salem

Q: Will I be convicted?
Q: How do I know what attorney to choose?
Q: What if I am innocent?
Q: What if I am under investigation? Should I answer questions?
Q: Do the police have a right to search my vehicle without a warrant?
Q: What conditions would I be subject to during probation?
Q: How can I seal/expunge my criminal record?

Will I be convicted?

Almost anyone can be convicted, but having a Salem criminal defense lawyer who knows the criminal justice system, has talent in the courtroom, and is personally committed to defending the case makes a huge difference. Not all attorneys are created equal. Although you cannot pass the bar exam without knowledge of the law, the background, experience and natural abilities come into play when defending a criminal charge. Even an innocent person can be convicted of a serious crime if they do not have quality defense counsel.

How do I know what attorney to choose?

I, Attorney Prendergast, have served not only as a prosecutor, but as a law enforcement officer. This background can serve you well if you are facing criminal charges of any type. Experience, knowledge of the system, and the ability to influence the jury are prerequisites for a defense attorney, and I am proud of my service and my impressive court record for my clients over the years.

What if I am innocent?

Innocence is not enough. If you have been arrested and charged with a criminal offense, it indicates that it is believed that there is sufficient evidence to convict. There are many innocent people in prison today, and this is usually due to the fact that they did not have the quality of defense counsel necessary to achieve an acquittal.

What if I am under investigation? Should I answer questions?

One of the rights you have is the right to an attorney. If you engage in answering questions from any investigator, police officer, or other law enforcement personnel, you risk damaging your own case. There can be incredible pressure put upon you, leading to confusion, or in some cases, the stress of the situation has led to an admission of guilt when the person had nothing to do with the crime. Always exercise your right to remain silent until I arrive to protect your rights throughout the process. You may or may not be required under law to answer questions. Allow me to analyze the situation before you do anything.

Do the police have a right to search my vehicle without a warrant?

Many times police will try to persuade you to give your consent, which means that they do not need a warrant. If you refuse to give your consent, then police officers are required to secure a warrant or have probable cause before searching you, your home or your vehicle. If you allow them to search then anything they find can be used against you. However, if they conduct an illegal search then whatever they find could be thrown out of the case. Remember that you do have the right to say no if you are ever asked by an office to search your vehicle.

What conditions would I be subject to during probation?

Many criminal sentences usually include a mandatory probationary period, during which time you will be under the microscope of the court. During probation you will be held to a set of guidelines including meeting with a probation officer, paying fines, going to treatment or completing community service hours. You could also be held to other limitations such as avoiding alcohol establishments and being subject to urine/drug screenings.

How can I seal/expunge my criminal record?

With a criminal conviction on your record you may find that it is rather difficult to get hired for work or even financial aid from some establishments. It is more important now than ever that you look into having your criminal record sealed/expunged. In order to do this you must compile your entire criminal record history and file an application to have it sealed. You will need to get fingerprinted and your attorney will need to attend a court hearing. To learn more about how to wipe your slate clean, do not hesitate to contact my firm.

Contact my firm to speak with a Salem, MA criminal defense lawyer at once if you need the highest quality, aggressive defense counsel to fight for you.

Track Record of Success

Prepared to Fight Vigorously to Protect Your Rights
  • Case Dismissed Assault & Battery
  • Charges Dropped Assault & Battery
  • Cases Dismissed Assault & Battery With a Dangerous Weapon
  • Case Dismissed Assault and Battery with a Dangerous Weapon
  • Charge Dismissed Attempt to Commit Armed Robbery
  • Dismissed Attempted Murder
  • Breaking & Entering
  • Case Dismissed Distribution
  • Case Dismissed Domestic Assault & Battery
  • Case Dismissed Domestic Assault & Battery

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