The Fernandez Firm

Attorney Frank Fernandez

• Founder and lead attorney of The Fernandez Firm.
• Previously served as a District Attorney in the City of St. Louis before entering private practice.
• Admitted to practice in:
• The Commonwealth of Massachusetts
• Illinois
• Missouri
• The United States District Court for the District of Massachusetts
• Has served as lead counsel on numerous trials in both state and federal courts.
• Fluent in Spanish and has been serving Spanish-speaking communities for over 25 years.
• Enjoys serving the Latin community in and around Boston.

Client focus

• Handles all types of criminal cases, from misdemeanors to serious felonies, in Massachusetts state and federal courts.
• Also represents clients in personal injury and wrongful death matters, and in cases involving alleged medical malpractice.
• Emphasizes protecting clients' records and futures, including the impact a criminal case can have on employment and educational opportunities.

• Defense of clients charged with crimes in Massachusetts state courts and in federal court.
• Representation in a wide range of criminal cases, including (but not limited to):
• Cases involving restraining orders and 209A abuse prevention orders
• Probation violation matters
• Appeals following a conviction
• Larceny and other theft-related charges
• The firm works to protect clients' criminal records and future opportunities.

Personal injury and wrongful death

• Representation for people injured because of someone else's negligence.
• Handles personal injury cases and wrongful death lawsuits, as described on the firm's website.

Medical malpractice

• Representation for clients who believe they have been harmed by medical negligence.
• Helps clients understand potential medical malpractice claims and their options for pursuing a case.

Initial case evaluation

• The firm offers a free case evaluation so potential clients can learn what to expect and discuss their options before deciding how to proceed.

Office address

• Law Office of Frank Fernandez / The Fernandez Firm

185 Devonshire St., Suite 302 Boston, MA 02110 United States

Clients should confirm directions and parking options before visiting, as these are not detailed on the website.

Service area

• The firm is based in Boston, Massachusetts.
• It serves clients in Boston and throughout Massachusetts in criminal defense, personal injury, wrongful death, and medical malpractice matters.

How to get in touch

• Call the office for immediate assistance with a criminal, personal injury, or medical malpractice matter.
• Use the contact form, request-a-call-back form, or "Book an appointment" form on the website to have the firm follow up.

Lists Easton, Kansas City, Boston, Rahway, and Federal Way as a location. Names Illinois, Massachusetts, Missouri, United States, Boston, and Rahway as a service area. Areas beyond these are not published.

Availability

• The firm states that an attorney is available 24/7 for urgent criminal defense and related matters.
• Clients are encouraged to call at any hour of the day for immediate assistance.

How to book or request follow-up

• You can contact the firm in several ways via the website:
• Use the "Book an appointment" form to request a meeting.
• Use the "Request a call back" form to have someone from the firm contact you.
• Use the general contact form or email the firm directly.
• You can also call the office at +1 (617) 393-0250 to schedule an appointment or ask questions.

Languages

• Attorney Frank Fernandez is fluent in Spanish.
• The firm has been serving Spanish-speaking communities for over 25 years.
• Legal services are available in both English and Spanish.

• An appeal is a legal process that allows the losing party in a trial court decision to seek review by a higher court.
• In criminal cases, a person who has been convicted can ask an appellate court to review the case for legal errors.

Basic structure of appeals

• Appeals are typically taken to a Federal Court of Appeals or to the appropriate state appellate court, depending on the case.
• The appellate court does not re-try the case from scratch; instead, it reviews the record from the trial court to decide whether legal errors affected the outcome.

Starting an appeal

• The process generally begins with a petition or a motion for reconsideration to the trial court, followed by the filing of a formal notice of appeal and appellate briefs.

How appeals are decided

• Appeals may be decided on:
• Written briefs submitted by the lawyers
• Oral arguments, where the lawyers for both sides present their legal arguments to a panel of judges
• During oral argument, judges may ask questions focused on the legal principles and issues in dispute.

Possible outcomes

• The appellate court may:
• Affirm (uphold) the trial court's decision
• Reverse the decision
• Send the case back (remand) to the trial court for additional proceedings
• In some situations, parties can seek further review by a higher court, such as by filing a petition for a Writ of Certiorari asking the U.S. Supreme Court to review the case. The Supreme Court accepts only a small number of cases, typically those involving important legal questions.

Importance of experienced counsel

• Appeals are generally complex and governed by strict deadlines and rules.
• The Fernandez Firm notes that it is important to work with an attorney experienced in appellate work who can:
• Evaluate whether there are viable grounds for appeal
• Prepare and file the necessary documents on time
• Present arguments effectively to the appellate court.

• Larceny generally means wrongfully taking, carrying away, or stealing someone else's property with the intent to permanently deprive the owner of it.
• In Massachusetts, larceny is typically divided into petit larceny and grand larceny, depending on the value and circumstances.

Petit larceny (misdemeanor)

Petit larceny is usually treated as a misdemeanor. Potential penalties described on the firm's blog include:

• Up to one year in jail
• A fine of up to $300
• Restitution to the victim
• Probation

Grand larceny (felony)

Grand larceny is more serious and can carry heavier penalties. Examples of possible penalties include:

• Up to five years in state prison
• A fine of up to $25,000
• If the value of the property exceeds $50,000, penalties can be even more severe.
• In some circumstances, the defendant may be required to pay treble damages (three times the value of the stolen property) to the victim.

Possible defenses

The Fernandez Firm's blog discusses several defenses that may be available in larceny cases, depending on the facts:

1. Consent

• If the owner gave you permission to take the property, or you reasonably believed you had permission, that can be a defense.

2. Lack of intent

• Prosecutors must prove you intended to permanently deprive the owner of the property.
• If you took the property by mistake or intended to return it, that may undermine the required intent.

3. Mistaken identity

• If there is doubt about whether you were the person who committed the theft, your attorney may challenge the identification.

Importance of legal counsel

• Larceny convictions can result in jail or prison time, fines, restitution and a criminal record that affects employment and other opportunities.
• The Fernandez Firm emphasizes the importance of working with an experienced criminal defense attorney who can:
• Review the evidence
• Identify weaknesses in the government's case
• Negotiate with prosecutors or take the case to trial when appropriate.

• Probation is a sentence that allows a person to remain in the community under specified conditions instead of serving all of their time in jail or prison.
• Probation aims to keep communities safe while giving individuals a chance to rehabilitate.

What counts as a probation violation?

Common examples of probation violations described by The Fernandez Firm include:

• Being arrested or convicted of another crime while on probation
• Failing to complete required community service
• Failing drug or alcohol tests required by probation
• Failing to report to a probation officer as directed
• Failing to pay required court fees, fines, or restitution
• Failing to stay away from victims or other people you were ordered to avoid

What happens if a violation is alleged?

• A probation officer who believes you violated your probation can file a surrender notice with the court.
• You may receive:
• A notice requiring you to appear at an initial surrender hearing, or
• A warrant for your arrest.

Hearings and potential outcomes

• At the initial surrender hearing, the court considers whether there is probable cause to believe a violation occurred.
• If probable cause is found, a final surrender hearing is scheduled.
• At the final hearing:
• Evidence is presented and witnesses may testify.
• You have the right to be represented by an attorney.
• Possible outcomes include:
• Continuing probation with the same terms
• Continuing probation with stricter conditions or additional fines
• Revoking probation, which can result in serving the remainder of the sentence in jail or prison

Why legal representation matters

• Probation violations can have serious consequences for your liberty, employment, and future.
• The Fernandez Firm advises anyone who receives a surrender notice or believes they may have violated probation to contact an experienced criminal defense lawyer as soon as possible to review options and strategy.

What is a restraining order?

• A restraining order (often called a 209A order or protection order) is a civil court order intended to protect a person (the plaintiff) from abuse or further contact by another person (the defendant).
• The order is issued through the civil court system, but it is closely connected to criminal law because violating a restraining order can lead to criminal charges.

Evidence standard

• A judge may issue a restraining order based on a preponderance of the evidence.
• This means the judge decides that it is more likely than not that the alleged abuser may harm or abuse the plaintiff again.

10-day hearing

• Typically, there is a 10-day hearing after an initial emergency order.
• At this hearing, the defendant has an opportunity to appear in court and present their side of the story.
• The Fernandez Firm strongly recommends that a defendant not appear alone at this hearing and instead be represented by an attorney who can:
• Cross-examine witnesses
• Present counter-evidence
• Argue for the order to be modified or dropped

Possible restrictions

• A restraining order can include various restrictions, such as:
• Orders to stay away from the plaintiff
• Orders to stay away from children, if custody or safety is at issue
• Orders to leave a shared residence
• The exact terms are set out in the written order; it is important to read the order carefully and follow it strictly.

Temporary order of protection

• Courts may issue a temporary order of protection during the 10-day period if the judge believes the plaintiff needs immediate protection.
• This temporary order can restrict contact and require the defendant to stay away from the plaintiff and certain locations.

Why legal help matters

• Restraining orders and related criminal charges can have serious consequences for work, family, and immigration status.
• The Fernandez Firm advises anyone involved in a restraining order—whether as a plaintiff seeking protection or a defendant responding to an order—to consult an experienced attorney as soon as possible.

Ask anyway — the agent will say plainly that it is not published rather than guess.