Brought to you by Colorado DUI Drunk Driving Defense

Boston Drunk Driving Lawyers

• McKean, Thomas: Since the enactment of Melanie's Law several years ago, drivers with old OUI or DUI convictions find themselves facing heavy fines, extended license suspensions and jail time if convicted of new charges. A drunk driving conviction today will be punished as a repeat offense even if your prior case occurred 20 or 30 years ago. The advice of an experienced defense lawyer can help you find the most effective defense to your current charge. `
• Menchu Law Office: If you have been arrested for driving while intoxicated (DWI; sometimes also referred to as drunk driving or DUI), you may be worried about what actions to take. Many people are afraid of the consequences of a DWI/drunk driving conviction and unsure of how to minimize them. They should start by calling the Menchu Law Office, in Dallas, Texas. Our law firm has handled hundreds of DWI cases. We take effective legal action to make sure that you get the best possible results.
• Halpern, Keith: Protect Your Rights.
• Brant, Thomas: In Massachusetts, all drivers are prohibiting from driving or operating a motor vehicle if their blood alcohol concentration level (BAC) reaches or exceeds 0.08%. When a police officer suspects a person is drunk driving, he/she has the right to pull over the driver and test his/her BAC level. Police officers can determine the driverÕs BAC level by means of a blood test, breath test, or urine test. If the test results indicate that the driverÕs BAC level is above or exceeding 0.08%, then he/she will be arrested and charged with OUI. It is not only illegal to drive a motor vehicle while under the influence, but you can also be arrested if you are in Òactual physical controlÓ of the vehicle. This means that even if you are sitting or sleeping in your parked car on the side of the road, you can still be charged with OUI. If you need to park your car to rest or sleep, the only way to avoid OUI charges is to park your car and lock your keys in a place that is out of your reach. Contact Boston Drunk Driving/OUI Attorney The consequences of drunk driving can be catastrophic. For this reason, all people found operating under the influence (OUI) will be arrested, charged, and prosecuted to the fullest extent of the law. If you have been arrested and charged for drunk driving/OUI in Boston, itÕs extremely important to hire an attorney with years of experience handling drunk driving cases.
• Louison, Costello, Condon & Pfaff: What can a lawyer do about an OUI/DUI charge? There are effective defenses to charges of driving while intoxicated (DWI)/operating under the influence (OUI)/driving under the influence (DUI) of drugs or alcohol. Was the traffic stop legal? Was evidence acquired through an illegal search and seizure? Did police follow approved procedures related to the blood alcohol content (BAC) test? If a suspect is convicted or pleads guilty to drunk driving, an experienced criminal defense attorney may be able to work out a favorable sentencing option.
• Lev, D: The criminal process can be complex and confusing. But it's important to know your legal rights. The best way to be informed is to contact an criminal defense attorney as soon as possible. A criminal defense attorney will understand the law as it relates to the crime you've been charged with, and will be able to help you in making informed decisions as your case moves through the process. Discussed below are the various possible levels of police intrusion, from a simple stop to an arrest with a warrant. It is important to understand what conduct by the police is permissible, and what is not. Conduct outside the scope of authority of the police may be in violation of our State and Federal Constitutional rights, and much of the criminal defense process is focused on protecting those rights to the fullest extent possible. This discussion is followed by a detailed chronological description of the criminal process in Massachusetts. Stop A person may be stopped for questioning by the police. A stop is not the same as an arrest because, although one may be detained, one is not moved to a different location. During a stop the police officer may ask questions, but one has the right to refuse to answer. A person may be frisked by the police at the time of a stop, but only if the police have a "reasonable suspicion" that the person is armed and dangerous or possesses contraband. In that case, a pat down search is allowed, but the police is not allowed to reach into pockets, they must be able to identify the any objects by plain feel. Searches Search Warrants A search warrant authorizes the police to conduct a search of a specific, place such as a residence, for a specific item, a specific type of item, or contraband. In order for a warrant to be issued by a judge, "probable cause" is necessary. Probable cause to search means that: * It is more likely than not that the specific items to be searched for are connected with criminal activities * Those items will be found in the place to be searched Warrantless Searches The general rule is that warrants are required for searches. But search warrants are not required for the following: * Searches incident to arrest: Police officers are permitted to search the body and/or clothing for weapons or other contraband when making a valid arrest. * Automobile searches: If a person is arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary. * Exigent circumstances: Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as to avoid the destruction of evidence. * Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view. * Consent: If a person consents to a search of their body, vehicle, or home, the police are not required to have a warrant. One is not required to consent to any police searches. Arrest In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and the person being arrested committed the crime. An arrest warrant is not necessary, unless the arrest is to take place in a person's home. After one is placed under arrest, that person is protected by constitutional rights. Two important rights to be aware of are right to remain silent and the right to have an attorney. After the arrest, a person is not required to say anything else to police or investigators, until an attorney is present. An opportunity to contact an attorney must be given. Miranda Rule Under the Miranda Rule, if a person is in police custody , specific constitutional rights must be made clear before any interrogation begins. Those rights are as follows: * The right to remain silent * The right to have an attorney present during questioning * The right to have an attorney appointed if one is unable to afford one Important to note is that Miranda rights do not have to be read until one is taken into custody. That means that a person may be questioned by the police before being taken into custody, and anything said at that point can be used against the person later in court. Booking After the arrest, the police will bring the person to the police station for the booking process, which involves fingerprinting and a series of questions, such as name and date of birth. The person will also be searched and photographed. The personal property, such as jewelry and cash, will be catalogued and stored. Appointment of an Attorney In Massachusetts, if one cannot afford to hire an attorney, an attorney will be appointed to defend the person. That attorney may be a public defender, or an attorney in private practice contracted by the court. After an attorney has been appointed, the person may ask the court to appoint a substitute attorney only for good cause. Good cause requires more than mere dissatisfaction with the appointed attorney and may include: * A conflict of interest between the person and the attorney * The attorney becomes ill and cannot continue to the representation * There is reason to believe that the attorney is not providing effective assistance Charges The case against a person is formally initiated when a complaint is issued. Either a police officer or a private citizen may make the application for the complaint to the Clerk Magistrate. If the complaint is sought by a police officer after an arrest, the officer must swear under oath to the facts alleged in the complaint. These applications are routinely granted by the Clerk Magistrate with no other proceedings. Applications for complaint brought forth by private citizens entitle the accused person to a show cause hearing, also known as "clerk's hearing." Here the accused person has an opportunity to be heard and to oppose the issuance of the complaint. Certain instances are exempt from the hearing requirement, such as threat of imminent bodily injury or risk of flight from the Commonwealth. Arraignment Once criminal charges are filed, the accused person will make a court appearance which is known as an "arraignment." If the person has been in custody since the arrest, the arraignment will usually occur within 24 hours of the arrest. During the arraignment, a "plea" to the crime charged must be entered. Massachusetts pleas and corresponding definitions follow: * Guilty plea: this is a full admission to the facts of the crime and the fact that the person pleading was the one who committed that crime. Following a guilty plea, the judge will impose sentence immediately. * Not guilty plea: this plea asserts that the person did not commit the crime as accused. After a not guilty plea, a pre-trial date will be set. * No contest plea: A "no contest" or "nolo contendere" plea may be entered with the permission of the court. This plea is essentially the same as a guilty plea, with the exception that, unlike guilty plea, a "nolo contendere" plea cannot later be used against the person in a civil lawsuit. Like with the guilty plea, sentence will be imposed immediately. * "Mute" plea: In Massachusetts, one may "stand mute" instead of making a plea. The court will then enter a plea of not guilty. During the arraignment, the court will also: * Set bail, which, if met, will allow the person not to remain in custody while awaiting trial, with certain restrictions; * Refuse to set bail; or * Release the person on their own personal recognizance, which means that the court takes the person's word that they will appear when necessary for later court obligations Bail/Bond "Bail" is money or property put forth as security to ensure that one will show up for further criminal proceedings. In Massachusetts, bail can be paid: * In cash * A pledge of property (if permitted in that court) * A bail bond A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court. Speedy Trial There is a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of the defense. With limited exceptions, a defendant should be brought to trial in Massachusetts within 12 months. Pre-Trial Conference and Hearing A Pre-Trial Conference is usually the first date after the arraignment on which the person accused is to return to court. On that date, the person's attorney and the prosecutor will meet to discuss whether the case may be disposed of without a trial. While the accused person must attend, no testimony or other formal proceedings will take place. At the pre-trial conference, the prosecution may offer a plea bargain, which is an agreement for the person accused to accept some responsibility in exchange for a lesser punishment or perhaps a lesser crime than initially charged. At the same time, the parties agree on the details of a trial, if one were to take place, such as the number of witnesses, length, etc. The next date to return to court is usually the pre-trial hearing, where a judge again attempts to resolve the case without a trial, which may include accepting a plea bargain. Certain motions may also be heard at this time. Trial There is a right to a jury trial, whereby a jury of 6 or 12 members must unanimously render a guilty or a not guilty verdict. The right to a jury trial may be waived by: * Pleading guilty; or * Choosing a bench trial (a trial in front of a judge only) If a bench trial is requested, the judge will perform the fact-finding function that is usually performed by the jury. In Massachusetts, a defendant in a capital case must be tried by a jury and cannot choose a bench trial. Appeals A person found guilty by a jury or a judge is entitled to an appeal. The process varies depending upon the crime, but there are always time deadlines by which an appeal must be filed. In Massachusetts, the general rule is 30 days after the judgment to file an appeal. There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what's called "legal error." Legal error may include: * Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of constitutional rights * Lack of sufficient evidence to support a verdict of guilty * Mistakes in the judge's instructions to the jury regarding the case An appeal may also be filed due to misconduct on behalf of the jurors, or if there is newly discovered evidence to exonerate. Sealing of Records In Massachusetts, under some circumstances, one may be able to have a criminal record sealed. This means that the records cannot be obtained except in limited circumstances, such as a future criminal case against the person. One may be eligible to have the records sealed if: * Criminal charges have been dismissed or a not guilty verdict was reached, or * It has been either 10 or 15 years since the conviction (depending on the crime), or * The record is a juvenile record that is at least three years old, or * There has been a pardon If eligible, one may file a written request with the Massachusetts Commissioner of Probation asking that the records be sealed. A hearing before a judge may be required in certain circumstances.