Criminal Defense Attorney in Westwood, Stoughton, Dedham, Wrentham, Quincy, and Brookline, MA

 Criminal Defense Practice Areas

OUI/DWI/DUI Defense

Operating under the influence is one of the most common charges we defend, and one of the most misunderstood. Many drivers believe that if they took a breathalyzer test or failed a field sobriety test, conviction is inevitable. It's not. Breathalyzer machines can be improperly calibrated. Field sobriety tests are highly subjective and often administered incorrectly. Traffic stops sometimes violate your constitutional rights. The science behind impairment detection is far more complicated than prosecutors present it to be.

In Massachusetts, the charge is called OUI (Operating Under the Influence). While other states use terms like DUI (Driving Under the Influence) or DWI (Driving While Impaired), Massachusetts specifically uses "operating," which encompasses not only driving but also being in control of a vehicle, even if it is not in motion.

We examine every detail of your arrest:

• How was the traffic stop initiated, and did the officer have probable cause?
• Were you read your Miranda rights?
• Was the officer properly trained to administer the field sobriety tests?
• How was the breathalyzer or blood test conducted, and is the equipment certified?

These questions matter, and aggressive investigation into them can result in evidence being suppressed, charges being reduced, or cases being dismissed outright.

If you're facing an OUI charge in Westwood, Dedham, Stoughton, Quincy, Wrentham, Brookline, or anywhere across Massachusetts, we understand what prosecutors will try to prove and exactly how to challenge it.

Drug Crime Defense

Drug possession, drug distribution, manufacturing, intent to distribute, and drug paraphernalia charges carry serious penalties in Massachusetts:

• Class A drugs (heroin): Up to two years in a house of correction and fines
• Class B drugs (cocaine, methamphetamine): Up to one year in a house of correction
• Heroin trafficking: Mandatory minimums from 3.5 years (18-36 grams) to 12 years (200 grams or more)
• Cocaine trafficking: Mandatory minimums from 2 years (18-36 grams) to 8 years (100-200 grams)

However, drug cases often turn on evidence issues:

• Was the search of your vehicle or property legal?
• Did officers have a warrant or your consent?
• What chain of custody issues exist with the evidence?
• Was the substance properly tested and identified?

These procedural and technical questions can result in evidence being excluded and charges being dismissed.

We've defended clients charged with possession of cocaine, heroin, methamphetamine, fentanyl, marijuana, and prescription drugs obtained illegally. We've handled distribution charges, manufacturing charges, and charges involving drug paraphernalia. Whether you're facing first-time possession or more serious charges, we build a comprehensive defense grounded in the law and evidence.

Assault and Battery Defense

Assault and battery charges include simple assault, aggravated assault, and assault causing serious bodily injury. Simple assault and battery is punishable by up to two and a half years in a house of correction or fines up to $1,000. Assault causing serious bodily injury is a felony punishable by up to five years in state prison. These charges can stem from domestic incidents, bar fights, workplace conflicts, or misunderstandings where someone overreacted and called the police.

Not every physical contact is a crime. Self-defense is a legitimate legal defense. Mutual combat, accidents, and exaggerated allegations happen far more often than prosecutors acknowledge. We investigate what actually occurred, gather evidence supporting your version of events, and challenge the charges based on facts and law.

If you're facing assault charges anywhere in our service area, including Westwood, Dedham, Wrentham, Stoughton, Quincy, or Brookline, we'll fight to ensure the court understands the full context of what happened.

Domestic Violence and Strangulation Charges

Domestic violence charges carry serious penalties, including:

• Mandatory restraining orders
• Firearm forfeitures
• Potential jail time

Strangulation charges under Massachusetts General Laws chapter 265, section 15D are particularly aggressive offenses that prosecutors pursue vigorously. Strangulation carries penalties of up to five years in state prison or two and a half years in a house of corrections, with increased penalties up to ten years if serious bodily injury or pregnancy is involved.

We understand that domestic violence allegations are often complicated. Arguments escalate. Both parties may have injuries. Exaggeration and misrepresentation occur. We defend these cases aggressively while respecting the complexity of domestic relationships. Our goal is to ensure you're not overcharged and that your version of events is heard and considered.

Felony and Misdemeanor Defense

We defend the full spectrum of criminal offenses, from minor misdemeanors to serious felonies. Whether you're facing shoplifting, trespassing, disorderly conduct, probation violations, gun offenses, or murder charges, we apply the same meticulous approach: thorough investigation, strategic legal analysis, and aggressive advocacy.

White Collar Crimes

Fraud, identity theft, forgery, larceny, and other financial crimes require a different defense strategy than street crimes. These cases often involve complex evidence, financial records, and technical details. We understand how to challenge prosecutorial theories in these cases and how to present alternative explanations for evidence that seems damning.

Firearms Offenses

Carrying a firearm without proper licensing, possessing a firearm with a felony conviction, and other weapons charges are increasingly prosecuted. We defend Second Amendment cases and firearms offense charges throughout Massachusetts.
 

How We Defend Your Case

Criminal defense is not a one-size-fits-all process. Every case is different, and the stakes are always high. Here's how we approach your defense.

Investigation and Evidence Gathering

From the moment you contact us, we begin investigating:

• Obtaining police reports, witness statements, and any available video evidence
• Visiting crime scenes when relevant
• Consulting with expert witnesses, including toxicologists, forensic specialists, and other professionals who can challenge the prosecution's theories
• Filing motions to obtain additional evidence that may be helpful to your case
• Investigating whether police or prosecutors failed to turn over evidence they were legally required to share

Strategic Legal Analysis

We analyze whether police had proper authority to stop you, search you, or seize evidence. We identify constitutional violations that can result in evidence being excluded. We research case law, statute, and precedent relevant to your specific charges. We look for weaknesses in the prosecution's case that can be exploited at trial or in negotiations.

Negotiation and Plea Strategy

Not every case goes to trial, and sometimes the smartest strategy is negotiating a favorable plea agreement that resolves charges with minimal consequences. We have extensive relationships with prosecutors across Massachusetts. We know how they think and what they'll accept. We negotiate aggressively on your behalf, and we never encourage you to accept a plea unless we believe it's genuinely in your best interest.

Trial Preparation and Courtroom Advocacy

If your case proceeds to trial, we prepare with the intensity that jury trials require. We file all necessary motions, challenge evidence, depose witnesses, and build a cohesive defense narrative. When we step into the courtroom, we're prepared to fight. We've spent two decades appearing before judges and juries across Massachusetts, and we know how to persuade them.

Frequently Asked Questions About Criminal Defense in Massachusetts

What should I do if I'm arrested?

First, invoke your right to an attorney. Then:

1. Don't answer police questions without a lawyer present
2. Don't consent to searches
3. Don't sign anything
4. Remain silent until you've spoken with a lawyer

Police are trained to get you to talk, and anything you say can and will be used against you in court. Contact us immediately at 617-397-5755.

What is the difference between OUI and DUI, and is Massachusetts using different terminology?

Massachusetts uses the term OUI, which stands for Operating Under the Influence. DUI (Driving Under the Influence) and DWI (Driving While Impaired) are terms used in other states. In Massachusetts, the charge is OUI regardless of whether you were impaired by alcohol, drugs, or both. Penalties depend on whether it's a first offense (mandatory license suspension, potential jail time), second offense (mandatory jail time, longer license suspension), or subsequent offense (felony charges, substantial prison time).

What happens at my first court appearance?

Your first appearance is called an arraignment. You'll be informed of the charges against you, advised of your rights, and the question of bail will be addressed. If you're in custody, bail determines whether you'll be released pending trial. If bail is set too high or you're at risk of being held without bail, we argue for release or reduced bail. If you're already out of custody, we focus on protecting your rights and beginning our defense strategy.

Can I get my criminal record sealed or expunged?

Massachusetts allows criminal records to be sealed for certain offenses. Misdemeanor convictions can generally be sealed if three years have passed since the conviction or completion of any sentence. Felony convictions can generally be sealed if seven years have passed since the conviction or completion of any sentence. Dismissed charges and not guilty findings can also be sealed. However, violent offenses, sexual offenses, and certain other crimes are not eligible for sealing. We help clients navigate this process, which can be critical for employment, housing, and other life opportunities.

How much does a criminal defense attorney cost?

Costs depend on the severity of charges, complexity of the case, and whether the case goes to trial. We offer free initial consultations where we discuss fees and options. Some cases are handled on fixed-fee arrangements; others on hourly billing. We work with clients on payment options and explain costs clearly upfront.

Do I have to take a breathalyzer or field sobriety test?

You have the right to refuse a breathalyzer test, though Massachusetts has implied consent laws that create consequences for refusal. If you refuse a breath test, the Massachusetts Registry of Motor Vehicles will suspend your driver's license. For a first offense, refusal results in a 180-day license suspension. For subsequent refusals, suspension periods increase significantly. However, refusal doesn't result in automatic criminal conviction, and a refusal cannot be used as evidence of guilt in your criminal trial. Field sobriety tests are voluntary, and you have the right to decline them. We discuss these specific decisions during representation.

What are typical penalties for drug possession in Massachusetts?

Possession of cocaine, heroin, methamphetamine, or other Class A or B drugs can result in jail time, fines, driver's license suspension, and a permanent criminal record. Class A drugs like heroin carry up to two years in a house of correction. Class B drugs like cocaine carry up to one year in a house of correction. Possession of marijuana carries lighter penalties. Quantities suggesting intent to distribute carry harsher penalties, including mandatory minimum sentences. Penalties vary based on prior criminal history and other factors. We work to minimize penalties through investigation, legal challenges, and negotiation.

How long does a criminal case take to resolve?

Simple cases may resolve within months. Complex cases may take a year or longer, particularly if they proceed to trial. Drug cases and assault cases often move more slowly. OUI cases can go relatively quickly if resolved through plea negotiation, but can extend longer if taken to trial. We keep you updated on timelines and discuss strategy regularly.

Contact Eisenstadt Law Today

You're facing criminal charges, and the decisions you make right now will affect your future. An experienced criminal defense attorney is your best protection against the power of the state. Joseph Eisenstadt and Eisenstadt Law are ready to fight for you.

Call us at 617-397-5755 right now. We're available 24 hours a day, seven days a week. You can call, text, or submit an online contact form requesting a free consultation. During your consultation, we'll listen to your situation, explain your options, and discuss how we can help.

Whether you're in Westwood, Dedham, Wrentham, Stoughton, Quincy, Brookline, or any other community across Massachusetts, we're ready to defend you. The sooner you get legal representation, the sooner we can begin protecting your rights and building your defense.

Don't wait. Contact Eisenstadt Law today.