Typically a person can avoid jail on a 2nd offense in MA by going to a 14 day in-patient program. Otherwise, they must do at least 30 days in jail. You really should have an attorney look at your case. Often even though your case may look bad, a good defense lawyer can find a way to challenge and suppress evidence. Even if it is not a triable case, a good attorney will still get you a better deal than you will get on your own and at least you will know if you had a chance at trial. I would not want to look back thinking, "I should have hired an attorney." Five or 10 or even 20 years from now when that charge and guilty finding is still on our record. Unlike a 1st offense where you can get a CWOF that is later dismissed, the Commonwealth will settle for nothing less than a Guilty on a 2nd offense.
Answered on Aug 13th, 2012 at 4:28 PM