Don't know the first thing about Massachusetts criminal cases, but suddenly find yourself facing charges? Follow Nate Amendola Defense's regularly updated legal blog for simple, straightforward information on charges, possible penalties, potential collateral consequences, and how we can help you get your life back on track after an unexpected and frightening brush with the criminal justice system.
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What is a Cahill Disposition for a Second Offense?A Cahill (or “second chance §24D”) disposition for a second offense can occur when an offender’s second operating under the influence offense occurred more than ten years after his first offense
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Am I Eligible for a Cahill Disposition?if you have been charged with operating under the influence for a second time and your previous operating under the influence conviction or guilty plea (including a guilty plea or a CWOF) was more than ten years ago, you may be eligible for a Cahill second-offender disposition.
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OUI Second Offense OutcomesIf convicted, the standard disposition for a second offense OUI is not less than 60 days in a House of Correction (30 days mandatory), but not more than 2 ½ years incarceration; a fine of between $600-$10,000, and a two-year license suspension.
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How Long Does an OUI Stay On Your Record?If you are convicted of an OUI or you case is continued without a finding, it can stay on your criminal record for life, and on your driving record for at least ten years (you may have it petitioned to be removed after ten years).
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What Are the Penalties if I’m Convicted of an OUI?There are 3 ways to resolve an OUI case. The case can either be dismissed, tried to a judge or a jury, or a defendant can offer a plea. Because OUI cases are a public safety concern, it’s uncommon to have a straight dismissal.
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What is the 24D First Offenders Program?You must know that if you are found guilty of an OUI at trial, the trial judge always has the option of sentencing up to the maximum penalty.
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What Do the Police Look for in an OUI Case?Many drunk driving arrests start out as simple automobile stops for bad or erratic driving. Once the officer notices any signs of potential impaired driving, like open containers, the smell of alcohol, or red and glassy eyes, the stop turns into a full-blown drunk driving investigation.
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Supreme Court Ruling for License to Carry in New YorkThe Supreme Court recently ruled that New York’s discretionary (so-called “may issue”) firearms license to carry permitting process violates the 2nd and 14th Amendments.
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OUI First Offense OutcomesIncarceration: Not more than 2.5 years (30 months) in a house of correction Suspended Sentence: You're placed on probation for a certain period of time with your sentence "hanging over your head"
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Rules of Evidence in a Massachusetts Domestic Violence CaseA Massachusetts domestic violence defense lawyer explains the rules for collecting and disputing evidence in an assault and battery case.
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Building a Defense Against Drug Trafficking Charges in MassachusettsA Massachusetts drug possession lawyer explains the defenses typically used in trafficking crimes and which one might apply to your case.
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The Difference Between Felony and Misdemeanor Charges for Domestic Assault and Battery in MassachusettsA Massachusetts domestic violence defense lawyer explains the difference between felony and misdemeanor charges for assault and battery on a family member.