SOCIAL SECURITY DISABILITY

 REAL ESTATE LAW

 CRIMINAL DEFENSE

 ESTATE PLANNING

 BUSINESS LAW

 EMPLOYMENT LAW

 FAMILY LAW

RESOURCES 

Criminal and DWI Law

No one expects to be charged with a crime. It can be embarrassing and scary, and criminal procedure is confusing to anyone not familiar with the court system. There are a few things you should keep in mind. First, you're presumed to be innocent, and it is the goverment's burden to prove beyond a reasonable doubt each and every element of the offense(s) you are charged with. Second, an experienced attorney, depending on the charges and your previous involvment, if any, with the criminal justice system, may be able to work out a disposition that does not result in a conviction.

Criminal Procedure
Crimes are classified as either misdemeanors or felonies in Massachusetts (MA). In New Hamsphire (NH), besides a misdemeanor or felony, you also can be charged with a violation. The penalties for a violation do not include incarceration; however, the penalties may include fines and, in certain circumstances, the suspension of your driver's license. Your first appearance in court is called an arraignment. At the arraignment, you will likely enter a plea of not guilty. If possible you should contact a lawyer before the arraignment or immediately after. An experienced criminal defense lawyer can explain the procedures that will take place in district, superior or juvenile court.

Drunken Driving (DWI / OUI)
Drunken driving, commonly known as drunk driving, is often referred to as DWI (driving while intoxicated) or OUI (operating under the influence) or DUI (driving under the influence). Drunk driving is usually referred to as OUI in MA and DWI in NH. Both states have minimum mandatory sentences after a drunk driving conviction, including the loss of driving privileges.

Besides the penalties imposed by state law, someone who enters a plea or is convicted of operating a motor vehicle while impaired by drugs or alcohol likely will suffer other consequences. These non-judicial penalties may include, but are not limited to, higher insurance premiums and the inability to obtain certain jobs. A plea to sufficient facts, a guilty plea or a conviction after trial becomes a permanent part of your driving record.

The good news is that many drunk driving defendants are successful at trial. A field sobriety test and a police officer's interpretation of your performance taking such tests is highly subjective. Many times the tests are not even correctly explained and/or administered. An individual's weight or a disability also can distort the test results and prejudice a defendant. An experienced attorney knows how to use these facts to protect your rights.

If you submitted to and failed a Breathalyzer test (sometimes referred to as a chemical test), an attorney can gather evidence and file motions in court that may result in a judge ordering the government not to use the results of the breath test against you. Massachusetts changed it's OUI laws in 2003 and became a "per se" state, which means that if your breath or blood are tested and the result is a blood/alcohol content of .08 or more, you will be found guilty, if, and only if, the judge or jury believes the police conducted the test properly and the reading was accurate. The same is true for New Hampshire. If you agreed to take the Breathalyzer test and failed it, you have to attack the validity of the test to be successful. In New Hampshire the police will give you a sample of your Breathalyzer results at the time you are arrested.

It should be noted that under Massachusetts law, the government will determine whether you should be charged as a subsequent offender based on a "lifetime-lookback" period. Your status as a subsequent offender will be used to impose increased minimum mandatory punishment.

Drug Charges
In Massachusetts the conviction on drug charges will lead to the loss of your driver's license, even if you were not driving at the time of your arrest. The loss of driving privileges is not just for convictions from the possession or distribution of cocaine, heroin or prescription drugs, but also for possessing or distributing marijuana (marihuana, pot, weed, etc.). In New Hampshire, relatively small amounts of illegal drugs are charged as felonies. Massachusetts has minimum mandatory sentences for individuals convicted of selling drugs in a "school zone." Previous convictions of possession with intent to distribute and convictions for trafficking in large quantities of drugs may result in minimum mandatory sentences to state prison in Massachusetts.

In order to find illegal drugs, police may use a confidential informant (or CI), anonymous and other types of tips, undercover drug buys and/or consent to search a person, a car or home. Police conduct searches and seizures with and without search warrants. An experienced lawyer can determine whether your rights under the United States Constitution (Bill of Rights), Massachusetts Constitution (Declaration of Rights) or the New Hampshire Constitution were violated.

Probation and Probation Surrenders
A sentencing judge has broad discretion to determine whether or not he or she will impose probation. A judge also will determine the length of your probation. If a judge grants probation (in lieu of a house of correction sentence or state prison sentence or commitment to the Department of Youth Services), he or she may impose a variety of conditions, which can be quite restrictive. Your failure to abide by the terms of your probation may result in the termination of your probation and the imposition of a committed sentence. A person merely charged with a crime (not actually convicted yet) while on probation will likely face a probation surrender in Massachusetts.

The information on this Web site is not legal advice, but for informational purposes only. Please read the full disclaimer.

Web MyDayInCourt.com

  LegalMatch: Find a
  Pre-screened Attorney