Braintree, MA asked in Criminal Law for Massachusetts

Q: Do I need to hire a criminal lawyer opposed to public defender because my apartment was searched by police?

They did have a no knock warrant but I never saw it and they found nothing but marijuana 1oz.

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1 Lawyer Answer
  • Criminal Law Lawyer
  • West Roxbury, MA
  • Licenced in Massachusetts

A: As you probably know, the U.S. Constitution and the Massachusetts Declaration of Rights grants each citizen to be free from unlawful searches and seizures. If your apartment was searched by the police, you have very likely been under surveillance from the police department and may be charged with a crime if evidence of criminal activity was seized as a result.

Even if the search did not yield any contraband, it's unlikely that the police will just 'move on' and forget about you. Your apartment was searched for a reason, which should be outlined in the Affidavit accompanying the Search Warrant, a copy of which should have been provided to you.

A public defender will not be given to you unless and until you are charged with a crime and the court declares you 'indigent'. If...

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