Posts Tagged ‘Lawyer Massachusetts’

Massachusetts OUI/DUI Field Sobriety Tests & Defenses

FORMER PROSECUTORS

If you are stopped for a DUI/OUI in Massachusetts, a police officer may have you perform a variety of field sobriety tests that are commonly administered when stopped for suspicion of DUI or OUI. 

Field sobriety tests are not a 100% accurate and can be administered incorrectly by a police officer.  If you have been arrested for an OUI/DUI charge in Massachusetts, it is crucial that you contact a Massachusetts OUI/DUI defense lawyer to defend you.  

Some of the different factors that can affect your performance during a field sobriety test are:
• Language problems resulting in an inability to follow orders
• Dizziness
• Balance problems
• Fear
• Medical problems
• Age
• Type of footwear

Keep in mind that the above factors can significantly affect your performance of a field sobriety test.  Also, how well a Massachusetts police officer administers the test can affect the outcome of the field sobriety tests.  If the police office acts aggressively and frightens the individual, then this too can cause the test results. 

The most frequently administered field sobriety tests are:
• Reciting the alphabet
• Standing on one foot while counting
• Walking in a straight line
• Touching a finger to the nose
• Horizontal gaze nystagmus
• Nine-step heel-to-toe and turn

Contact a Massachusetts DUI Defense Lawyer

If you have been arrested and charged with a Massachusetts OUI/DUI due to the administration of field sobriety tests, it is crucial that you enlist the help of a Massachusetts OUI/DUI who knows and understands the flaws associated with a field sobriety test.  Since the pass/fail aspect of field sobriety tests are highly subjective, an experienced Massachusetts DUI attorney will be able to bring to the court’s attention the flaws of the field sobriety tests.

Contact a SRIS Law Group Massachusetts OUI lawyer to discuss your case.

We have offices in Boston & Cambridge to better serve you.

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Massachusetts Child Endangerment & OUI Defense

Former Prosecutors Defend DUI

If you were charged with a DUI/OUI in Massachusetts and you had a child in the vehicle under the age of 14, you are in very serious trouble.  The charge is referred to as Child Endangerment by Operating Under the Influence.   This is a very serious DUI/OUI charge in Massachusetts because there is an additional penalty of losing your license for one year on top of any additional loss of your license to drive as a result of the DUI conviction.  In the event, you are charged and convicted of a second or subsequent Child Endangerment by Operating Under the Influence, you will receive a mandatory 6 months in jail, and a 3 year revocation of your driver’s license.

Massachusetts Child Endangerment Defense Lawyer

Due to the serious nature of a Child Endangerment by Operating Under the Influence, your Massachusetts DUI/OUI defense lawyer must be extremely experienced at defending cases of this nature.  You can count on the SRIS Law Group Massachusetts Child Endangerment By Operating Under The Influence lawyers to have the knowledge and experience necessary to defend you because they have prosecuted cases like this when they were prosecutors in Massachusetts. 

Due to the serious nature of this type of a DUI/OUI charge, many clients mistakenly believe that they have no defense and just plead guilty to the charge Child Endangerment By Operating Under The Influence. 

Don’t just plead guilty without first talking to a SRIS Law Group Massachusetts DUI/OUI lawyer.  Our Massachusetts OUI defense lawyers may be able to provide you with options as to how to mitigate the charge and have the charge reduced to a lesser charge or even possibly having the charge dismissed outright.

Contact us immediately if you have been charged with Child Endangerment By Operating Under The Influence. 

We have offices in Boston & Cambridge to better serve you.

 

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Massachusetts Boating Under the Influence (BUI) Defense Attorney

Former Prosecutors Defending BUI Offenses

A Massachusetts BUI (Boating Under The Influence) offense is as dangerous as any OUI/DUI offense.  The penalties for a BUI conviction in Massachusetts are extremely severe and you may receive a very large fine as well as possible jail time, depending upon the details of the BUI incident. 

Many of our Massachusetts clients enjoy watercraft sports and spend time on the water for recreation, fishing and enjoying the outdoors and the water.   Likewise, Massachusetts law enforcement is equally interested in catching anyone who is drinking alcohol while boating.  A BUI offense in Massachusetts is very similar to a DUI in Massachusetts. 

Many people are not aware that Massachusetts has some of the strictest and draconian laws regarding boating under the influence. 

If you have been arrested and charged with Boating Under the Influence (BUI), it is critical that you contact a SRIS Law Group Massachusetts BUI defense attorney to defend you against a BUI charge in court.

Massachusetts BUI Defense Lawyer

The penalties for a Massachusetts BUI charge are extremely severe.  Operating a watercraft in Massachusetts with a blood alcohol concentration (BAC) of .08% or higher will result in a BUI arrest.

The penalties for a Massachusetts BUI are as follows:

• A first offense BUI conviction penalties – Maximum of 30 months in prison and a fine of $1,000.  Both your driver’s license and your boat registration will be for a year.
• Subsequent BUI convictions will result in even more severe penalties. 
• A BUI that results in serious bodily injuries to another person can result in a maximum jail sentence of 10 years and a fined of $5,000.

If you have been arrested and charged with a BUI in Massachusetts, you are in serious legal trouble, and are facing prison time.  

Do not take a Massachusetts BUI charge lightly.  Contact a SRIS Law Group Massachusetts BUI defense lawyer to defend you immediately. 

We have offices in Boston & Cambridge to better serve you.

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 Massachusetts OUI Attorney

FORMER MASSACHUSETTS PROSECUTORS

In Massachusetts, OUI is the term used for driving drunk.  OUI is the acronym for Operating Under the Influence.  People often refer to an OUI as a “DUI” (Driving Under the Influence), or “DWI” (Driving While Intoxicated) also.  If you are arrested for an OUI in Massachusetts, you are facing some very serious consequences.  The penalties for an OUI conviction in Massachusetts are harsh, and you will be facing steep fines and jail time as well as community service if you are convicted.  If you have been arrested for an OUI, it is critical to immediately contact an aggressive Massachusetts OUI Defense Attorney to fight your Massachusetts OUI charge.

Your OUI/DUI Lawyer in Massachusetts

Massachusetts is now a “per se” state.  What this means is that if you are stopped by Massachusetts law enforcement for a possible OUI and you take a breathalyzer test at the station and it states that your BAC is .08% or higher, you will be found guilty of the charge.  However, there is a BIG IF.  The judge and jury must believe that the breathalyzer test administered to you was done correctly.  The prosecutor must prove beyond a reasonable doubt to obtain an OUI conviction that:

• You were operating a motor vehicle
• You were operating it on a public way
(road, street, highway)
• You were under the influence of drugs
or alcohol

An aggressive and experienced Massachusetts OUI/DUI lawyer who knows and understands how an OUI charge is prosecuted will know how to defend you against any OUI charge.  The SRIS Law Group Massachusetts OUI defense lawyers are extremely knowledgeable in all types of OUI defenses, and are prepared to employ their knowledge towards your defense and will help you fight a drunk driving offense.  If you are seeking an experienced OUI/DUI defense attorney who was a former prosecutor to defend you against a DUI offense, contact the SRIS Law Group Massachusetts OUI/DUI defense attorney immediately for help.

OUI/DUI Defense Guide

In Massachusetts, if you are pulled over and given some field sobriety tests or preliminary breath test and the police officer develops probable cause for an OUI arrest, then you will be arrested and taken to the police station.  The arrest is the beginning of the OUI/DUI legal process.  As a driver on the streets of Massachusetts, you have certain rights.  For a Massachusetts police officer to pull you over, the police officer must have probable cause.  If the Massachusetts police officer did not have probable cause for the stop, your Massachusetts OUI defense lawyer can suppress the stop and have the entire case thrown out based on an improper stop.  The Massachusetts Courts will not an OUI case to go forward if the stop was without probable cause.  Since the SRIS Law Group Massachusetts OUI defense lawyers were former prosecutors who have prosecuted OUI cases in Massachusetts, they are extremely aware of the many possible DUI defenses.
Sometimes, clients are pulled over as result of a sobriety checkpoint.  These sobriety checkpoints are legal in Massachusetts.  However, the Massachusetts Supreme Court has ruled that Massachusetts law enforcement officers must follow specific and strict procedures when conducting sobriety checkpoints and roadblocks to check for sobriety.  If the rules and procedures are not followed by the Massachusetts police officers who are conducting the roadblock, then the evidence developed by law enforcement regarding the OUI will be held inadmissible.

Skilled OUI/DUI Defense Investigation

Our Massachusetts OUI defense lawyers need to know every single detail about your DUI arrest.  Why did the police stop your car?  Did the officer observe you for the required 15 minutes prior to giving a breathalyzer test?  Did the testing equipment used have a history of malfunction?

License Suspension and RMV Hearings In Massachusetts

In Massachusetts, after you have been arrested and charged with a DUI, your driver’s license will be suspended.  This means you cannot drive in Massachusetts till your licensed is reinstated.  However, if you act quickly, you may be able to obtain a “Hardship License” by participating in a Registry of Motor Vehicles (RMV) hearing. Our Massachusetts OUI/DUI Defense Attorneys will fight for you and will aggressively protect your right to drive in Massachusetts.  Our SRIS Law Group Massachusetts OUI/DUI defense lawyer will do everything he can to help you throughout this very stressful process, including the RMV Hearing.

The penalties for a first time OUI offense vs multiple subsequent OUI offenses are significantly different.  Massachusetts laws are very harsh towards a second or subsequent offender.  Additionally, if you refuse to do a breathalyzer test, the penalties can increase.  Also, if you are under 21, a repeat offender or if you have been convicted of a DUI and were driving with a suspended license from an earlier DUI conviction, you will be facing enhanced penalties.  This additional offense has a minimum of 1 year mandatory jail sentence.

If you have been arrested for an OUI in Massachusetts, you know what you are facing: heavy fines, possible jail time, the potential for a criminal record, damage to your reputation and an inconvenient dependence on public transportation.

An OUI (operating under the influence) conviction can change your life. Our experienced OUI attorney will work hard to change it back.

If you need help to defend yourself against an OUI charge in Massachusetts, then contact the SRIS Law Group Massachusetts OUI defense lawyers for help.

Massachusetts Drunk Driving  Penalties
Drunk Driving Penalties For Subsequent OUI Offenses

The following are some of the penalties of a Massachusetts OUI conviction for a first time offense and also for subsequent charges of an OUI in Massachusetts:

FIRST OFFENSE OUI IN MASSACHUSETTS
  • Incarceration: Not more than 2-1/2 years House of Correction, probation up to 2-1/2 years.
  • Fine: $500.00-$5,000.00 plus court and probation supervision costs and program fees.
  • License suspended for 1 year; Hardship license for work/education purposes may be considered in 3 months, general hardship in 6 months.

Alternative disposition
1. Probation with mandatory participation in alcohol-drug education program paid for by defendant.
2. License suspended for 45 to 90 days (210 days for drivers under age 21).
3. Eligible for Hardship license after three business days, assuming you have completed intake alcohol-drug education program.

SECOND OFFENSE OUI IN MASSACHUSETTS
  • Incarceration: Not less than 60 days (30 day mandatory), not more then 2-1/2 years.
  • Fine: $600.00-$10,000.00 plus court costs and probation supervision costs and program fees.
  • License suspended for 2 years, work/education hardship considered in 6 months, general hardship in 1 year.

Alternative disposition
1. 2 years probation.
2. 14 day confined inpatient treatment program paid for by the defendant.
3. License suspended for two years, work/education hardship considered in 6 months, general hardship in 1 year.

THIRD OFFENSE OUI IN MASSACHUSETTS
  • Incarceration: Not less than 180 days (150 day mandatory) out of district court, not more than 5 years State Prison.
  • Fine: $1,000.00-$15,000.00 plus court costs and probation supervision costs and program fees.
  • License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years.
FOURTH OFFENSE OUI IN MASSACHUSETTS
  • Incarceration: Not less than 2 years (1 year Minimum Mandatory) out of district court, not more than 5 years.
  • Fine: $1,500.00-$25,000.00 plus court costs and probation supervision costs and program fees.
  • License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years.
FIFTH OFFENSE OUI IN MASSACHUSETTS
  • Incarceration: Not less than 2-1/2 years (24 mos. Minimum Mandatory) out of district court, not more than 5 years.
  • Fine: $2,000.00-$50,000.00 plus court costs and probation supervision costs and program fees.
  • License loss for life, no possibility of reinstatement or hardship license.
LICENSE REINSTATEMENT FEES
  • First Offense – $500.00
  • Second Offense – $700.00
  • Third Offense – $1,200.00
  • Refusal/Failure to take Breathalyzer – $100.00

Our Massachusetts OUI defense attorneys will do their best to help you.  Call us today for help!

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Negligent operation of motor vehicle only required proof that defendant operated negligently so that lives or safety of public might be endangered. Jury was not required to find that defendant caused another individual’s accident and injuries

One of the most frustrating things in Massachusetts is getting a traffic ticket in Massachusetts.

First, you sit by the side of the road, waiting to get your traffic ticket in Massachusetts while you are rushing to get to work or get to school to drop off your kids, etc.

Then, you get the Massachusetts traffic ticket and possibly get yelled at by the Massachusetts police officer.

Once you do get the Massachusetts traffic ticket, you realize how many points you’re going to get on your Massachusetts driving record and the fact that your insurance premium is possibly going to skyrocket.

If you have been one of the unfortunate people to get traffic ticket in Massachusetts, don’t panic. You have some options. You can consider going to traffic court in Massachusetts by yourself or you can retain an experienced Massachusetts traffic ticket lawyer to defend you.

Why should you consider hiring an experienced traffic ticket lawyer in Massachusetts?

Because an experienced Massachusetts traffic ticket attorney will know how the different judges in that courthouse deal with certain types of traffic ticket and what are different options you have if you decide it is best to plea bargain.

The SRIS Law Group Massachusetts traffic lawyers have defended many clients charged with a traffic ticket in Massachusetts.

Our Massachusetts traffic ticket attorneys regularly appear before the courts of a particular jurisdiction have a thorough understanding of how the different local courts operate.

We have offices in Boston & Cambridge.

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Charged with driving with a suspended license

Rodrigo A. Nascimento, 30, of 13 Groton Place, Worcester, charged with driving with a suspended license, found responsible, ordered to complete 25 hours of community service; and speeding, found responsible, filed.

Driving on suspended licence is a very serious crime.

The SRIS Law Group Massachusetts Driving on suspended licence attorneys can defend you against any type of Driving on suspended licence charge.

Our Massachusetts Driving on suspended licence lawyers have the experience to defend you against any type of Driving on suspended licence charge.

Contact a SRIS Law Group Massachusetts Driving on suspended licence lawyer in Massachusetts.

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South Massachusetts Street Burglary

A woman, who was working in her office in the 2300 block of South Massachusetts Street heard a window breaking in the room next door. She called 911.

Burglary is a very serious crime in Massachusetts.

The SRIS Law Group Massachusetts burglary attorneys can defend you against any type of burglary charge.

Our Massachusetts burglary lawyers have the experience to defend you against any type of burglary charge.

Contact a SRIS Law Group Massachusetts burglary lawyer in Massachusetts.

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SEX CRIMES LAWYERS MASSACHUSETTS

Are you looking for a sex crimes lawyer in Massachusetts to defend you against a sex crime charge?

If you are looking for a sex crimes lawyer in Massachusetts to defend you, how do you know who is the right Massachusetts lawyer for you?

The first step towards finding the right sex crimes lawyer in Massachusetts is to talk to the Massachusetts lawyer and determine if they have handled cases like yours previously.  Some of the different sex crimes cases we have defended are: Massachusetts sexual battery, Massachusetts aggravated sexual battery, Massachusetts rape, Massachusetts marital rape, etc.

Also, take the time to review the sex crimes defense lawyer’s background and experience.  A lot of Massachusetts attorneys claim they defend individuals charged with a sex crime in Massachusetts, but that does not mean they have the experience to defend you.

The SRIS Law Group sex crimes attorneys have the experience and skills necessary to defend you.

Why?

Because, most of our sex crimes lawyers in Massachusetts are former prosecutors.  Who better to defend you than the Massachusetts attorneys who have been on the other side of the courtroom?

Also, we have the manpower to defend you against even the most serious sex crimes allegations.

Our Massachusetts law firm has offices in Boston & Cambridge.

Learn more about our sex crimes lawyers in MA.

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Scheduled To Be Sentenced

Admitted TJX hacker Albert Gonzalez is scheduled to be sentenced on Dec. 21 for intrusions into TJX, Dave & Busters restaurant chain and numerous other companies, though his sentencing is likely to be delayed.

It is very important to have experienced federal criminal defense when facing a federal criminal charge.

The SRIS Law Group Massachusetts federal criminal defense attorneys can defend you against any type of federal criminal charge.

Our Massachusetts federal criminal defense lawyers have the experience to defend you against any type of federal criminal charge.

Contact a SRIS Law Group Massachusetts federal criminal defense lawyer in Massachusetts.

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Is my divorce in Massachusetts going to be contested?

Almost any divorce in Massachusetts, that consists of any significant amount of property and/or children results in a contested divorce. A contested divorce in Massachusetts can be resolved amicably, provided both parties attempt to resolve the issues of property and custody in an equitable manner.

How contested a divorce case is going to be is in great part determined by the parties and the divorce lawyer each party chooses to represent them.

More often than not, the opposing attorney in a contested divorce case will play a great role in how amicably a contested divorce in Massachusetts can be resolved. This in turn will determine how expensive or inexpensive the contested divorce in Massachusetts will be for the parties. How your specific case will proceed will greatly be determined by the specific facts of your case.  The divorce laws in Massachusetts are complex. If you have questions about how the divorce laws in Massachusetts do not hesitate to contact us. To determine how our divorce attorneys in Massachusetts can best assist you, please call us via our toll free number or complete our on line form.

We have offices in Boston, MA & Cambridge, MA.

For more information or to make an appointment with SRIS, P.C. divorce lawyer in Massachusetts, please call us at 888-437-7747 or complete the on-line form. Our divorce attorneys and staff in Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian. Please click on attorneys to learn more about the divorce lawyers of SRIS, P.C. who assist clients with divorces in Massachusetts. You can be rest assured that our Massachusetts divorce attorneys will do their absolute best to help you.

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