In Massachusetts, assault and battery are treated as separate but often related criminal offenses. Assault typically refers to the threat or attempt to cause physical harm, while battery involves actual physical contact or harm. The penalties for assault and battery convictions vary depending on the severity of the crime, the presence of any aggravating factors, and whether the victim belongs to a protected class (e.g., elderly, disabled, or pregnant).

Here’s a general breakdown of the penalties:

1. Simple Assault and Battery (A&B)
Definition: Involves intentional and unjustified physical contact or the threat of it without causing serious injury.
Penalties:
Misdemeanor
Up to 2.5 years in a House of Correction (county jail)
Possible fines (usually up to $1,000)

2. Aggravated Assault and Battery
Definition: A more serious version of assault and battery that involves factors like causing serious bodily harm, or the assault being carried out with a dangerous weapon (even if no injury occurs).
Penalties:
Felony
Up to 5 years in state prison or up to 2.5 years in a House of Correction
Potential higher fines, depending on circumstances

3. Assault and Battery on a Police Officer
Penalties:
Up to 2.5 years in a House of Correction
Fines of up to $5,000
Assault with a dangerous weapon or serious injury can result in up to 10 years in state prison

4. Assault and Battery on a Family/Household Member (Domestic A&B)
Penalties:
Up to 2.5 years in a House of Correction
Completion of a certified Batterer’s Intervention Program

5. Assault and Battery with a Dangerous Weapon (ABDW)
Definition: Assault and battery involving the use of a weapon (e.g., gun, knife, bat).
Penalties:
Felony
Up to 10 years in state prison or 2.5 years in a House of Correction
If the victim suffers serious bodily harm, the sentence can extend to 15 years.

6. Assault and Battery on Vulnerable Victims
Victims Include:
Elderly (aged 60 and above)
Children (under age 14)
Pregnant women
Disabled persons
Penalties:
Enhanced penalties, often including up to 5 years in state prison for felony-level offenses.

7. Strangulation or Suffocation (often paired with assault)
Penalties:
Up to 5 years in state prison
Up to 2.5 years in a House of Correction
Enhanced penalties for repeat offenses or cases involving serious injury.

8. Assault with Intent to Murder
Penalties:
Felony
Up to 20 years in state prison

9. Assault and Battery with Serious Bodily Injury
Penalties:
Up to 15 years in state prison
Other Potential Consequences:
Probation: In some cases, first-time offenders may receive probation instead of incarceration, often with conditions such as counseling, anger management, or community service.
Restitution: Convicted individuals may be ordered to pay restitution to victims for medical expenses, property damage, or other costs resulting from the assault.
Factors that Affect Sentencing:

Criminal history: Prior convictions can lead to harsher sentences.
Severity of the injuries: Greater harm to the victim results in longer sentences.
Use of weapons: Involvement of weapons almost always leads to enhanced penalties.
Victim’s status: Assaulting a police officer, elderly person, or someone in another protected class often results in stricter punishment.
Massachusetts courts take assault and battery charges very seriously, and the penalties reflect the state’s commitment to protecting victims from physical harm.

I have been defending those accused of Assault and Battery in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Ninety Percent (90%) of my trials.*

This blog is not intended to be legal advice, if you have been charged with Assault and Battery or Domestic Assault and Battery (A&B, Domestic A&B, Domestic Violence) or any other crime in Massachusetts you should call an experienced and successful Defense lawyer immediately. Call Mike Now at: (508) 393-4162.

Understanding drug possession laws can be crucial for anyone who finds themselves involved in a case. These laws can vary widely by jurisdiction, but they generally revolve around the illegal possession of controlled substances. Here’s a guide that breaks down the essentials:

1. What is Drug Possession?
Drug possession occurs when an individual has physical control over an illegal substance or a controlled drug without proper authorization (like a prescription). It’s often categorized into two types:

Actual Possession: The substance is found on the person (in their pocket, hand, etc.).
Constructive Possession: The individual doesn’t have the drug on them but has control over the area where the drug is found (like in a car or house).

2. Controlled Substances
The law often categorizes drugs based on their potential for abuse, medical use, and safety concerns. The classification can affect the severity of charges. For example:

Schedule I: These drugs are considered to have no medical use and a high potential for abuse (e.g., heroin, ecstasy).
Schedule II: These drugs have medical use but also a high potential for abuse (e.g., cocaine, methamphetamine).
Lower schedules typically involve substances with a lower risk of abuse, like prescription medications.

3. Penalties for Drug Possession
The penalties for drug possession can vary based on:

The type and amount of the drug: Possession of a small amount may be a misdemeanor, while larger quantities could lead to felony charges.
Prior convictions: Repeat offenders may face harsher penalties.
Location of the offense: Possession near schools, parks, or public housing can lead to enhanced penalties.
Common penalties include:

Fines: Monetary penalties for possession charges.
Probation: Offenders may have to comply with certain conditions instead of serving jail time.
Jail or Prison Time: More severe cases or repeat offenses can result in incarceration.
Diversion Programs: Some jurisdictions offer drug treatment programs instead of jail, especially for first-time or non-violent offenders.

4. Defenses Against Drug Possession Charges
Defendants can mount various defenses, depending on the circumstances of the arrest:

Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights during a search, any evidence found may be inadmissible.
Lack of Possession: Proving that the drugs were not in your control or that they belonged to someone else can be a defense.
Medical Exemptions: In cases of prescription drugs, having a valid prescription can be a valid defense.
Entrapment: If law enforcement induced someone to commit a crime they wouldn’t have otherwise committed, this can be used as a defense.

5. Legal Assistance
Drug possession charges are serious and can have long-term consequences, including criminal records and difficulties finding employment or housing. Hiring an experienced criminal defense attorney can help navigate the complexities of drug possession laws, understand your rights, and potentially reduce or dismiss charges.

6. Drug Courts and Alternative Sentencing
Some jurisdictions have implemented drug courts, which aim to divert defendants with substance abuse problems into treatment programs rather than incarceration. These courts offer:

Rehabilitation programs: Focus on treating addiction rather than punishing.
Monitoring and regular drug testing.
Graduation from the program: Successful completion can lead to reduced charges or dismissal.

7. Juvenile Drug Possession
Possession laws for minors are often more lenient, focusing on rehabilitation rather than punishment. Juvenile offenders may be subject to alternative sentencing options such as:

Counseling.
Community service.
Probation.

8. Federal vs. State Drug Laws
Both state and federal laws regulate drug possession, and the consequences can differ:

State Laws: Most drug possession cases are prosecuted under state law. Penalties can vary widely depending on the state.
Federal Laws: Federal charges often involve larger quantities of drugs or trafficking across state lines. Federal drug possession penalties are typically harsher.
Final Thoughts

Understanding your legal options and the potential defenses is critical if you or someone you know is facing a drug possession charge. Consulting with a knowledgeable lawyer is the best way to ensure that your rights are protected and that you navigate the legal process as effectively as possible.

If you have been charged with a crime in Massachusetts you should call an experienced and successful Criminal Defense Attorney immediately. Call Mike Now at: (508) 393-4162.

I have been providing criminal defense services in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Ninety Percent (90%) of my trials.*

1. Misconception: Assault and Battery Are the Same Thing
Explanation: While often used together, assault and battery are distinct crimes. Assault refers to the threat or attempt to physically harm someone, even if no contact occurs. Battery involves actual physical contact or harm. A person can be charged with assault without touching the victim if the threat is perceived as real.

2. Misconception: Only Physical Injuries Count as Domestic Assault and Battery
Explanation: Many people assume that only visible physical injuries matter in these cases. However, threats, attempts of violence, and emotional trauma can also lead to charges. For example, if one person in a domestic relationship threatens to harm another, this can be considered assault even without physical contact.

3. Misconception: Domestic Assault and Battery Charges Can Be Dropped by the Victim
Explanation: A common belief is that if the alleged victim wants to drop the charges, the case will be dismissed. However, domestic violence cases are prosecuted by the state, not the individual victim. Once the police and prosecutors are involved, they can pursue the case even if the victim changes their mind or refuses to testify. Battery is a touching done without permission even without harm. However, in many circumstances the alleged victim may have a privileged not to testify – Marital or Fifth Amendment. Often without the alleged victims testimony the prosecution cannot proceed, and the case will be subject to a motion to dismiss for lack of prosecution. It is always helpful if the victim would like to see the charges dismissed, but it is not dispositive.

4. Misconception: Mutual Fighting Leads to Equal Charges
Explanation: In many domestic violence cases, both parties may claim to have been defending themselves. While mutual fighting is possible, the court looks into the circumstances and intentions of each party. Self-defense claims need to be substantiated with evidence that one person was defending themselves against an aggressor.

5. Misconception: False Accusations Are Rare
Explanation: While domestic violence is a serious issue, false accusations can and do happen. In contentious situations like divorce or custody battles, one party may fabricate claims of assault and battery to gain an advantage. An experienced attorney knows how to investigate and challenge false allegations with evidence, witness testimony, and inconsistencies in the accuser’s story.

6. Misconception: A First Offense Won’t Result in Serious Consequences
Explanation: Even for a first-time offense, domestic assault and battery can result in serious penalties such as jail time, probation, restraining orders, fines, and mandatory counseling. A conviction may also have lasting impacts on employment, child custody, and gun rights.

7. Misconception: Apologies or Reconciliation Can Resolve the Charges
Explanation: Even if the parties reconcile after the incident, this does not typically affect the charges. The legal process moves forward regardless of whether the parties apologize or continue their relationship.

8. Misconception: Alcohol or Drug Use Excuses the Behavior
Explanation: While substance abuse may contribute to violent behavior, it is not a valid legal defense. Courts may order treatment for substance abuse, but it does not absolve the individual from responsibility for assault or battery.

9. Misconception: You Have to Be Married to Be Charged with Domestic Assault
Explanation: Domestic assault and battery charges can arise from conflicts between any individuals in a domestic relationship, including cohabitants, intimate partners, or even family members. Marriage is not a requirement.

10. Misconception: You Can’t Be Charged if It Happened in Your Home
Explanation: Domestic violence laws apply equally, whether an incident occurs in public or in a private home. The idea that being in the privacy of one’s own residence makes someone immune to legal consequences is incorrect.

This blog is not intended to be legal advice, if you have been charged with Assault and Battery or Domestic Assault and Battery (A&B, Domestic A&B, Domestic Violence) or any other crime in Massachusetts you should call an experienced and successful Defense lawyer immediately. Call Mike Now at: (508) 393-4162.

I have been defending those accused of Assault and Battery in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Ninety Percent (90%) of my trials.*

Is Hiring a DUI Attorney Is Worth the Investment

This week on Wednesday, 11 September 2024, SUPPRESSED: In Commonwealth of Massachusetts v. Defendant, Docket No. 2464 CR 1372, our Motion to Suppress Breath Test Results, filed on behalf of my client charged with Operating Under the Influence (OUI, DUI, DWI or “Drunk Driving”), was ALLOWED. All evidence of my client’s Breath Test Results of .13were SUPPRESSED and therefore, inadmissible against him at trial.* If you have been accused of OUI and have taken the breath test (Breathalyzer) you must hire a lawyer with a thorough understanding of the Dräger Alcotest 9510, the requirements for admissibility of breath tests taken by this machine, and how to attempt to Suppress these results pursuant to Massachusetts General Law, Chapter 90, §24k, 501 Code Mass. Regs. §2.55. and Com. v. Pierre, 72 Mass.App.Ct. 230, 890 N.E.2d 152 (2008).

If you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*

Hiring a specialized drunk driving attorney is crucial when facing DUI (driving under the influence) or DWI (driving while intoxicated) charges because these cases are complex and carry serious legal and personal consequences. Here are the key reasons why hiring a specialized attorney is important:

1. Expertise in DUI/DWI Laws
Drunk driving laws vary by state and are highly technical. A specialized attorney has an in-depth understanding of the legal framework surrounding DUI cases, including:

Blood alcohol concentration (BAC) limits
Implied consent laws (laws related to breath, blood, or urine tests)
Penalties and legal defenses An experienced DUI lawyer will know how to navigate these nuances, helping you avoid common pitfalls.
2. Experience with Local Courts
A specialized DUI attorney is likely familiar with the local court system, judges, and prosecutors, which can be an advantage in plea negotiations, sentencing, or alternative programs like DUI diversion. Their relationships with the court officials can sometimes lead to more favorable outcomes for their clients.

3. Strong Defense Strategies
DUI attorneys understand the technicalities involved in DUI arrests, such as:

Legitimacy of the traffic stop
Accuracy of breathalyzer or field sobriety tests
Proper handling of evidence They can challenge evidence or procedures that might have been mishandled, potentially leading to reduced charges or case dismissal.
4. Minimizing Consequences
Drunk driving convictions can have long-term impacts, including:

Fines
License suspension or revocation
Jail time
Higher insurance premiums
Criminal record A DUI attorney can help minimize or negotiate penalties, allowing for a lesser charge like reckless driving, which carries fewer consequences.
5. License Reinstatement and Driving Privileges
In many cases, a DUI attorney can help you maintain driving privileges or restore your license sooner by navigating the administrative hearing process.

6. Reduction of Stress
Facing a DUI charge can be overwhelming. A specialized attorney can alleviate much of the stress by handling the complexities of your case, ensuring you understand your rights and options, and providing guidance through each stage of the legal process.

Conclusion
The expertise, local experience, and knowledge of a specialized DUI attorney can make a significant difference in the outcome of your case. They can help protect your legal rights, challenge questionable evidence, and work towards minimizing the potential consequences of a DUI conviction.

This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*

Having a criminal defense attorney by your side is crucial when facing criminal charges, whether they are minor or severe. Here are several reasons why it is important to have skilled legal representation in a criminal case:

1. Understanding the Legal System
Complexity of the Law: The legal system is highly complex, and a criminal defense attorney understands the nuances of criminal law, procedural rules, and court proceedings. Without proper legal knowledge, navigating the system on your own could result in mistakes that harm your defense.
Expert Interpretation of the Law: Attorneys can interpret statutes, case law, and precedents that may apply to your situation. They can also identify potential defenses and loopholes that you might miss without legal expertise.

2. Protecting Your Rights
Constitutional Protections: A criminal defense attorney ensures that your constitutional rights are protected throughout the legal process, including protection against unlawful searches and seizures, the right to remain silent, and the right to a fair trial.
Preventing Self-Incrimination: Without an attorney, you may unknowingly say or do something that could hurt your case. Your lawyer will advise you on what to say or not say during questioning and in court to prevent self-incrimination.

3. Building a Strong Defense
Investigating Your Case: A good defense attorney will thoroughly investigate the facts of your case, gather evidence, interview witnesses, and scrutinize the prosecution’s evidence to uncover weaknesses and inconsistencies.
Expert Witnesses and Resources: Defense attorneys often have access to expert witnesses, forensic specialists, and private investigators who can help strengthen your defense or challenge the prosecution’s evidence.
Custom Legal Strategy: An experienced criminal defense attorney will craft a tailored defense strategy based on the specifics of your case, considering whether to seek dismissal, negotiate a plea deal, or go to trial.

4. Negotiating with Prosecutors
Plea Bargains: In many criminal cases, a defense attorney can negotiate with the prosecutor for a plea bargain. This may result in reduced charges, lighter sentences, or alternative penalties such as probation instead of jail time. Attorneys with good relationships with prosecutors often secure more favorable deals.
Charge Reduction or Dismissal: An attorney may be able to get certain charges reduced or even dismissed by presenting evidence that weakens the prosecution’s case or by challenging improper police procedures, such as illegal search and seizure.

5. Navigating Court Procedures
Pretrial Process: Your attorney will handle all the paperwork, motions, and procedural steps that must be completed before the trial begins, such as filing motions to suppress evidence or dismiss charges. This ensures that your case is handled efficiently and in compliance with court rules.
Trial Representation: If your case goes to trial, a criminal defense attorney will represent you, cross-examine witnesses, present evidence, and make legal arguments on your behalf. They will ensure that your side of the story is heard and that the burden of proof remains on the prosecution.

6. Mitigating Consequences
Minimizing Penalties: Even if you are found guilty, a defense attorney can advocate for reduced sentences, probation, or alternative sentencing options like rehabilitation programs instead of jail time. They can also help you avoid or reduce collateral consequences like losing professional licenses or the right to vote.
Appeals: If you are convicted, your attorney can file an appeal to challenge the verdict or sentence, especially if there were legal errors or violations of your rights during the trial.

7. Peace of Mind
Emotional and Legal Support: Facing criminal charges can be overwhelming, stressful, and confusing. Having an attorney by your side provides a sense of security, knowing that a professional is advocating for your best interests and guiding you through the process.
Reduced Stress: With a qualified attorney handling the legal aspects of your case, you can focus on other aspects of your life, reducing the burden of stress that often comes with criminal cases.

8. Preventing Long-Term Consequences
Criminal Record: A criminal conviction can have long-lasting effects on your life, including difficulty finding employment, housing, or education opportunities. An attorney can work to minimize the impact of a conviction or help in post-conviction matters like expungement, clearing your record where possible.
Social and Professional Reputation: Your attorney can help you manage the media or public relations aspect of your case, especially if you’re facing charges that could damage your personal or professional reputation.

9. Knowledge of Local Courts and Judges
Familiarity with Court Personnel: A defense attorney familiar with the local courts and judges will have insight into how specific judges handle cases, which can influence how they present your defense. They may also know the tendencies of certain prosecutors, helping them negotiate better outcomes.
Understanding Jury Dynamics: If your case goes to trial, an attorney experienced in jury trials will understand how to select a fair jury and present your case in a way that resonates with jurors.

10. Saving Time and Money
Efficient Case Management: A criminal defense attorney knows how to handle cases efficiently, which can save you time by avoiding unnecessary delays. They will also ensure that legal proceedings are completed correctly the first time, preventing costly errors.
Avoiding Costly Mistakes: The costs of a criminal conviction—such as fines, lost wages, or missed employment opportunities—can far exceed the cost of hiring an attorney. A strong defense can help you avoid these long-term financial burdens.

Conclusion
Having a criminal defense attorney by your side is essential to ensure your rights are protected, to build a strong defense, and to navigate the complexities of the legal system. With a knowledgeable and experienced attorney, you stand a much better chance of achieving a favorable outcome, whether that means acquittal, a reduced sentence, or dismissal of the charges.

This blog is not intended to be legal advice, if you have been charged with a crime in Massachusetts you should call an experienced and successful Criminal Defense Attorney immediately. Call Mike Now at: (508) 393-4162. I have been providing criminal defense services in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Ninety Percent (90%) of my trials.*

Working with a drunk driving attorney can be a crucial step in managing the legal complexities of a DUI/DWI charge. Here’s what you can generally expect during the process:

1. Initial Consultation
Assessment of Your Case: The attorney will ask about the details of your arrest, including where and when you were pulled over, what field sobriety tests were conducted, and your blood alcohol concentration (BAC) results.
Review of Evidence: The attorney will want to review any documentation you received, such as police reports, videos of the traffic stop, and results from any chemical tests.
Legal Strategy: Based on the facts of your case, the attorney will outline potential defenses or legal strategies to challenge the charges.

2. Explaining the Legal Process
Court Appearances: DUI cases often require multiple court appearances. The attorney will explain what to expect at each stage, including arraignments, pretrial conferences, and potentially a trial.
Plea Bargaining vs. Trial: Your attorney will discuss whether a plea deal is in your best interest or if it’s better to go to trial based on the evidence.
Administrative Hearings: If your license has been suspended due to the DUI, your attorney may help you navigate administrative hearings to appeal the suspension.

3. Developing a Defense Strategy
Challenging the Traffic Stop: The attorney may argue that the police officer did not have reasonable cause to stop your vehicle, which could lead to suppression of evidence.
Challenging BAC Results: Issues with how breathalyzer tests were administered or how blood samples were handled can sometimes be used to question the accuracy of your BAC results.
Field Sobriety Test Defense: Field sobriety tests can be subjective, and the attorney may argue that these were improperly administered or not indicative of impairment.

4. Handling Plea Negotiations
If the case doesn’t seem strong enough for trial, your attorney may negotiate a plea deal to reduce your charges or penalties. This might involve a reduction from DUI to a lesser offense (like reckless driving) or a lighter sentence.

5. Explaining Potential Penalties
Fines and Jail Time: The attorney will explain the range of penalties you might face, including fines, potential jail time, and community service.
License Suspension: DUI cases often result in the suspension or revocation of your driver’s license. The attorney can guide you on how long this might last and whether you can apply for a restricted or hardship license.
DUI School or Alcohol Education Programs: Completing a DUI education program may be required or could help reduce penalties.

6. Post-Conviction Matters
Expungement: If convicted, your attorney may help you explore whether the conviction can be expunged from your record after a certain period.
Compliance with Sentencing: Your attorney can provide guidance on fulfilling any court-ordered requirements, such as attending alcohol treatment programs or completing probation.

7. Costs and Fees
Attorney Fees: Be prepared to discuss fees during the initial consultation. DUI attorneys may charge a flat fee or an hourly rate. Some attorneys offer payment plans, but the cost can vary depending on the complexity of your case.
Additional Costs: There may also be additional costs related to court fees, fines, and any required programs or testing.

8. Communication and Updates
Ongoing Updates: Expect regular communication from your attorney as your case progresses. Good attorneys will keep you informed about court dates, plea offers, and any changes in your case.

Availability for Questions: A reputable attorney will be available to answer your questions and address any concerns you may have.
Hiring a qualified drunk driving attorney can significantly impact the outcome of your case, making it essential to find someone with experience in DUI defense.

This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Me Now at: (508) 393-4162.

I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*

Last week on Friday, 30 August 2024, SUPPRESSED: In Commonwealth of Massachusetts v. Defendant, Docket No. 2367 CR 1721, our Motion to Suppress Breath Test Results, filed on behalf of my client charged with Operating Under the Influence (OUI, DUI, DWI or “Drunk Driving”), was ALLOWED. All evidence of my client’s Breath Test Results of .22 were SUPPRESSED and therefore, inadmissible against him at trial.* If you have been accused of OUI and have taken the breath test (Breathalyzer) you must hire a lawyer with a thorough understanding of the Dräger Alcotest 9510, the requirements for admissibility of breath tests taken by this machine, and how to attempt to Suppress these results pursuant to Massachusetts General Law, Chapter 90, §24k, 501 Code Mass. Regs. §2.55. and Com. v. Pierre, 72 Mass.App.Ct. 230, 890 N.E.2d 152 (2008).

If you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162.

I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*

Working with a DUI (Driving Under the Influence) lawyer can be a pivotal step in managing your case effectively. Here’s a breakdown of what you can expect throughout the process:

1. Initial Consultation
Overview of the Case: During your initial meeting, the lawyer will gather details about your arrest, the evidence against you, and any other pertinent information.
Legal Advice: They will explain the legal process, potential charges, penalties, and defenses available to you.
Case Assessment: The lawyer will assess the strength of the evidence against you and outline possible strategies for your defense.
2. Case Strategy Development
Legal Strategy: Based on the details of your case, the lawyer will develop a strategy. This may involve challenging the evidence, negotiating a plea deal, or preparing for trial.
Gathering Evidence: They may collect evidence, such as police reports, breathalyzer results, witness statements, and video footage.
3. Legal Proceedings
Filing Motions: Your lawyer might file pre-trial motions to suppress evidence or challenge the legality of the stop or arrest.
Court Appearances: They will represent you in court, including attending hearings, arraignments, and possibly a trial.
Negotiations: If applicable, your lawyer will negotiate with the prosecutor for a reduced charge or a favorable plea deal.
4. Communication
Updates: Expect regular updates on the status of your case, including any developments or changes.
Questions: You should feel comfortable asking your lawyer any questions you have. They should be responsive and provide clear answers.
5. Evidence Review
Case Review: Your lawyer will review all evidence, including field sobriety tests, breath or blood test results, and police conduct.
Expert Consultation: In some cases, your lawyer might consult with experts, such as toxicologists or accident reconstruction specialists, to strengthen your defense.
6. Pre-Trial Preparation
Preparation for Court: If your case goes to trial, your lawyer will prepare you for what to expect, including testimony, cross-examination, and courtroom procedures.
Witness Preparation: They may prepare witnesses who will testify on your behalf and ensure they understand the trial process.
7. Trial or Negotiation
Trial Representation: If your case goes to trial, your lawyer will present your defense, cross-examine witnesses, and argue on your behalf.
Plea Bargains: If a trial isn’t the best option, your lawyer will negotiate with the prosecutor to reach a plea agreement that may reduce charges or penalties.
8. Post-Trial
Sentencing: If found guilty or if you accept a plea deal, your lawyer will represent you during the sentencing phase to argue for leniency or reduced penalties.
Appeals: If you’re unhappy with the verdict or sentencing, your lawyer can discuss options for appealing the decision.
9. Personal Support
Emotional Support: A good lawyer will provide emotional support and reassurance throughout the process, helping to reduce stress and uncertainty.
10. Legal and Administrative Tasks
Paperwork: Your lawyer will handle necessary legal paperwork and deadlines, ensuring that everything is filed correctly and on time.
Administrative Tasks: They will manage any administrative tasks related to your case, including dealing with the court and other legal entities.
11. Confidentiality
Privacy: Your lawyer will maintain strict confidentiality regarding all aspects of your case. You can share sensitive information without fear of it being disclosed.
By understanding these aspects, you can better navigate the DWI legal process and work effectively with your lawyer to achieve the best possible outcome for your case.

This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*

Choosing the right Operating Under the Influence (OUI) attorney is crucial for navigating the legal system effectively and achieving the best possible outcome in your case. Here’s a guide to help you make an informed decision:

1. Experience and Specialization
Look for Experience: Choose an attorney with significant experience in handling OUI cases. An attorney who specializes in OUI/DUI cases will be more familiar with the specific laws and nuances of such cases.
Track Record: Inquire about their track record. How many cases similar to yours have they successfully handled? What are their success rates in reducing charges or achieving favorable verdicts?
2. Reputation
Research Reviews: Look up reviews and testimonials from previous clients. Websites like Avvo, Martindale-Hubbell, and Google Reviews can provide insights into the attorney’s reputation.
Professional Reputation: Check if the attorney is well-regarded within the legal community. You can do this by looking at awards, memberships in legal organizations, and peer reviews.
3. Knowledge of Local Laws and Procedures
Familiarity with Local Courts: An attorney who practices regularly in the court where your case will be heard will have valuable insight into local procedures and the tendencies of local judges and prosecutors.
Understanding of Local Laws: Ensure that the attorney is well-versed in the specific OUI laws and penalties of your state or jurisdiction.
4. Communication Skills
Initial Consultation: Use the initial consultation to gauge how well the attorney communicates. They should be able to explain complex legal concepts in a way that you understand.
Responsiveness: Evaluate their responsiveness. How quickly do they return calls or emails? Effective communication is crucial throughout your case.
5. Strategy and Approach
Case Strategy: Ask the attorney about their approach to your case. They should have a clear strategy for defending against the OUI charges and be able to explain how they plan to handle the case.
Personalized Attention: Ensure that the attorney will give your case the attention it needs and won’t just delegate it to a junior associate or paralegal.
6. Fees and Costs
Transparent Pricing: Discuss the attorney’s fees upfront. Understand how they charge (flat fee, hourly rate, etc.) and what costs are included.
Payment Plans: If needed, inquire about payment plans or options for managing legal fees.
7. Personal Compatibility
Comfort Level: Choose an attorney with whom you feel comfortable discussing personal and sensitive information. Trust and a good working relationship are important for a successful defense.
8. References and Referrals
Ask for References: Request references from past clients if possible. Speaking with someone who has been in a similar situation can provide valuable insights.
Seek Referrals: If you have friends or family who have dealt with OUI cases, ask them for recommendations.
9. Initial Consultation
Prepare Questions: Before your consultation, prepare a list of questions to ask the attorney. This will help you assess their expertise and suitability for your case.
Evaluate Your Comfort: After the consultation, evaluate how comfortable you feel with the attorney. Do they seem confident and capable? Are they willing to address your concerns?
By carefully considering these factors, you can choose an OUI attorney who is well-suited to handle your case effectively and provide you with the best possible representation.

This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*