Case Results
The Consequence of OUI in Massachusetts
Drunk driving, or operating under the influence (OUI), is a serious crime in Massachusetts. The state has strict laws in place to deter individuals from driving while impaired, and the penalties for OUI are severe. Understanding the charges and consequences of OUI is essential for anyone who may face such charges in the state. In Massachusetts, OUI is defined as operating a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of .08 or higher. It is illegal to drive with a BAC of .08 or higher, regardless of whether the individual is
Can Police Officer Demand Identification From Passengers in Motor Vehicle Traffic Violation?
A police officer in Massachusetts can demand identification from passengers in a car that has been pulled over for a traffic violation. According to Massachusetts law, a police officer may request identification from anyone in the vehicle if they have reasonable suspicion to believe that person is involved in criminal activity. The driver of the vehicle is required to provide their name, address, and license to the officer upon request, but passengers are not required to provide identification unless the officer has reasonable suspicion that they are involved in criminal activity. In terms of passengers’ rights, they have the right
Immunity for Testimony: An Extension of the Fifth Amendment
It is a common technique by law enforcement and prosecutors to offer someone accused of a crime immunity in exchange for their cooperation. This cooperation is usually defined as testifying in court as to the details of a crime in which they were involved. The goal of this technique is to exchange the conviction of someone involved in relatively minor wrongdoing for the conviction of someone involved in more serious crime, or to bring down a criminal network. By signing onto an immunity deal, a witness is compelled to testify for the prosecution. In exchange, the witness cannot be charged
The Massachusetts Criminal Arraignment Process
It’s easy for attorneys to take for granted the knowledge they have regarding a criminal arraignment. After all, they may find themselves in court several times a week, so the process is second nature to them. Unless you have been involved in a criminal legal process, the things that go on during a hearing can be shrouded in mystery. Let’s examine the process and review what one can expect during an arraignment. The Probation Department Prior to being arraigned, those who are summonsed or arrested are required to check in with the probation department. This visit is used to collect
What is the difference between civil fraud and criminal fraud?
Fraud is defined as wrongful or criminal deception intended to result in financial or personal gain. The primary difference between criminal fraud and civil fraud lies in who is pursuing legal action in the case. A person accused of committing an act of fraud by the government is subject to criminal fraud and, if found guilty, may be subject to probation, jail time, and/or restitution. Individuals who feel they have been the victim of fraud may bring claims to court through a civil lawsuit to recover damages. In civil fraud lawsuits, the recovery may be for economic or non-economic losses.
Planning For Divorce – Steps to Take When Considering Divorce in Massachusetts
It comes as no surprise that many individuals contemplating divorce struggle with the final decision. Some even contemplate divorce for years before ever speaking with an attorney. When considering divorce, there are several steps you can take to help lessen the burden of such a difficult decision. #1 Protect Your Children Every parent wants what is best for their children; this may mean separation or divorce for some families. You can help your children by maintaining a regular routine when contemplating divorce. Continue participating in normal school activities, create a schedule for each parent to spend time with the kids,
OUI/DUI Second Offense Defense – Not Guilty at Trial
Client from out of state was travelling through a small town when he encountered road construction and a detour. He stopped to ask the detail officer for directions, but had an open can of Pabst Blue Ribbon between his legs. The officer had him pull to the side of the road and perform field sobriety tests. After failing all tests, he was placed under arrest and charged with a second offense OUI. After thorough cross examination of the officer, the jury found our client not guilty and we were able to have his license immediately reinstated.
Tow Truck Driver Hit Head On
Client was working as a tow truck operator when he was struck head on by another vehicle. The driver of the other vehicle attempted to flee, but was held on scene until officers could respond. After much negotiation, the case settled for the automobile insurance policy limits.
Worcester OUI/DUI Defense – .08 Breath Test – Not Guilty at Trial
Client was stopped after travelling the wrong way up a one way street in Worcester. After failing field sobriety tests she was arrested and brought back to the police station where she took and failed a breathalyzer with a .08. Under cross examination, the officer agreed that there was no obvious signage of the one way street and that there was no way to tell what our client’s blood alcohol level was at the time of operation. Not guilty after trial.
Drug Charges – Dismissed – Worcester District Court
Client was walking in the City of Worcester when he was approached by a police officer. Officer testified that he had been working with an informant who provided information that our client was selling drugs. Upon seeing the officer approach, our client attempted to conceal narcotics by placing them in his mouth. After a brief struggle, our client was arrested and charged with drug possession. At a motion hearing, extensive cross examination of the officer was conducted. It was determined that the officer lacked the requisite cause to stop our client at all. As such, the judge agreed with our
