Question 1

Can a Fall River criminal record be sealed?

Accepted Answer

Often, yes. In Massachusetts, cases that ended in dismissal, a not guilty finding, or a completed continuance without a finding can be sealed by a judge without a waiting period on a showing of good cause. Convictions can be sealed through the Probation Service after a waiting period of three years for a misdemeanor and seven years for a felony, as long as there are no new convictions in that time. A sealed record does not appear on most employment and housing background checks. Some offenses can also be expunged, which destroys the record, but many are not eligible, including OUI. A lawyer can tell you which option fits.

Question 2

I have a warrant in Fall River. What should I do?

Accepted Answer

Deal with it on your terms before police find you. A warrant can be served at any time, including during a traffic stop or at work, which may mean a night in custody before you see a judge. In most cases the better approach is to have a lawyer arrange to walk you into court voluntarily to remove the warrant. Appearing on your own initiative shows the judge you are taking the case seriously and often leads to better release terms. Rory Munns can check the underlying case, explain what to expect, and appear with you. Call 401-573-2265 to talk about clearing a warrant.

Question 3

What are the penalties for domestic assault and battery in Massachusetts?

Accepted Answer

Domestic assault and battery under M.G.L. c. 265, section 13M carries up to 2.5 years in the house of correction and a fine of up to $5,000. A conviction requires completion of a certified batterer's intervention program unless the judge finds good reason otherwise. A second offense is a felony punishable by up to five years in state prison. A person arrested for a domestic offense can be held for up to six hours before being released on bail. A conviction can also affect firearms rights, immigration status, custody, and employment. Many cases turn on the reliability of the complaining witness and the evidence, so each one needs a careful review.

Question 4

What happens at an arraignment in Fall River District Court?

Accepted Answer

The arraignment is your first court appearance. The clerk reads the charges in the complaint, a not guilty plea is entered to preserve every defense, and the judge decides on bail or release conditions, which can include stay-away orders or other restrictions. A date is then set for a pretrial conference. For certain charges, the prosecutor may ask to hold you without bail as a danger to the community, which leads to a separate dangerousness hearing. Because bail and conditions are decided right away, having a lawyer at the arraignment matters. Anything you say in the courtroom can be heard and used, so let your lawyer speak.

Question 5

What happens if I am accused of violating probation in Fall River?

Accepted Answer

A probation violation notice leads to a hearing before a judge, not a jury. The standard of proof is lower than at trial: the Commonwealth only needs to show a violation by a preponderance of the evidence. If a violation is found, the judge can continue probation, add conditions, extend it, or impose the underlying sentence, including a suspended jail term. A new arrest, a missed appointment, a failed drug test, or unpaid fees can all trigger a notice. Preparing evidence of compliance, treatment, work, and family obligations often makes the difference between staying on probation and going to jail. Early representation matters.

Question 6

Where is Fall River District Court?

Accepted Answer

Fall River District Court is in the Fall River Justice Center at 186 South Main Street in Fall River. It hears criminal cases from Fall River, Somerset, Swansea, and parts of the surrounding area, including misdemeanors and many felonies. Most arraignments after a Fall River arrest take place there, usually the next court day. Rory Munns has his office at 161 South Main Street, directly across the street from the Justice Center, so he can meet clients before court and appear on short notice. If you have a court date coming up or were just arrested, call 401-573-2265 for a free consultation, day or night.

Question 7

Why hire Rory Munns as your Fall River criminal defense attorney?

Accepted Answer

Rory Munns focuses his practice on criminal defense and OUI in the Bristol County courts. His office at 161 South Main Street is directly across from the Fall River Justice Center, he is in court regularly, and he answers the phone day and night. He reviews the evidence for suppression and dismissal grounds before recommending any plea, and he gives every client an honest assessment of the risks and options. He is licensed in Massachusetts and Rhode Island, which helps clients who live in one state and were charged in the other. The first consultation is free. Call 401-573-2265 to talk about your case.

Question 8

Will my Fall River case go to District Court or Superior Court?

Accepted Answer

Most cases start in Fall River District Court, which handles misdemeanors and many felonies, including most OUI, drug possession, assault, and theft charges. More serious felonies, or cases where the prosecutor wants a higher potential sentence, can be presented to a grand jury and indicted in Bristol Superior Court, which sits in Fall River, New Bedford, and Taunton. Superior Court cases move on a more formal schedule and carry greater sentencing exposure, including state prison. The Bristol County District Attorney's Office decides where to bring the case. A lawyer can sometimes influence that decision by addressing the case early, before an indictment is sought.

Fall River Criminal Defense Attorney