QUESTION
What are the most likely punishments for
Asked on Aug 25th, 2013 on Criminal Law - Massachusetts
More details to this question:
(In Massachusetts) 2nd time offense operating a motor vehicle without a license 1st time Leaving the scene of an accident where no person was harmed. As of now I do have my license, this accident happened about 3 years ago. I currently have a job. I have not had an accident in 2 years or driving. I have very slim to nothing on my record at all.
2 ANSWERS
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Gregory Casale, Attorney at Law
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Worst case would likely be probation and restitution for balances above insurance coverage on the damages. Best case, with your license in good standing may be dismissal. The strength of the Commonwealth's evidence will have a lot to do with the outcome. The weaker the evidence, the closer we get to dismissal. However, I have had these charges dismissed even with strong evidence by the Commonwealth. If you are in or near Worcester County call my office and with the answers to a few question I will be able to give you a far more reliable answer.
Gregory Casale
Answered on Aug 27th, 2013 at 7:54 PM
Much depends on the court involved, the judge and the assistant district attorney reviewing the case. A good defense attorney will first look to see if the case Commonwealth can prove the case against you. If the Commonwealth has a solid case and if you cannot win, then negotiations are in order. If you have a minimal record and 2 years have pasted, you are likely to avoid incarceration. Consult with an experienced criminal defense attorney; do not go to court without an attorney. For more information on motor vehicle crimes visit my website at www.johnedevito.com.
Answered on Aug 27th, 2013 at 7:56 AM