Massachusetts DUI and DWI Legal Questions

I do not practice in Malden so I do not have personal knowledge of the judge that you are referring to. However, the request that you are presenting is NOT an unreasonable request. You should speak with more than one lawyer who practices in that court for opinions. Also, it would seem that a city the size of Malden should have more than one judge. An experienced lawyer should know how to maneuver your case to light most favorable to get your request allowed.... Read More

If you are stopped for speeding, the police must issue the citation and release you to go on your way, unless they have articulable suspicions that a crime is taking place. It would have to be something specific and particular, beyond a mere "hunch". In your case, unless something else was found or noticed by the police that indicated a crime was taking place, he/she had an obligation to let you go on your way after issuing the citation. As far as city police on a state highway, the citation sounds like it was issued by a Worcester officer within Worcester city limits, which is within the city officer's jurisdiction. If you think that you were improperly charged with something beyond speeding you should consult with an attorney. I cannot tell from your posted question as it seems to be cut off before you finished.... Read More

The best thing would be to hire an attorney, let them figure out what the warrant is for and go to court with your attorney. While this is not a guarantee, it is the best you can do to assure that you walk out the same way you walked in; on your own. If it is a Central MA case, you can call me at the number below if you do not already have legal counsel. In any event, you must surrender yourself to the court to remove the warrant. It is far more likely the court will believe in your promise to return if you walk in with a privately retained lawyer. If you were going to run, it is unlikely that you would hire an attorney before doing so. This is the argument that I make to the court and it almost always works. There are cases where the charges are so bad or the defendant has such a horrible record of defaults and failures to appear that the court still seeks bail, but it is rare.... Read More

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.... Read More

It would require a great deal of information before I could advise whether or not going to trial would be advisable. You should not be in court on any criminal charge without an attorney and especially an OUI (DUI) which is highly subject to opinion evidence, unless of course the BT negates the observations of the arresting officer. Even if you have a high BT, you should still have legal counsel. There are ways to suppress BT evidence and even the stop itself under certain conditions.... Read More

The warrant will typically appear nationwide. Therefore, if you are stopped by police in any state it is likely that they will see the open warrant. You can then be picked up and held on a fugitive from justice charge until the arresting jurisdiction contacts the original jurisdiction to see if they are interested in extraditing you (coming to get you and return you to the original state). Chances are that they will not come to get you for a 1st offense OUI. However, even after you are released the warrant remains open and you may be subject to the same process the next time a police officer runs your license or name. You really should get the warrant resolved on your own terms or else it will of course come at the very worst time for you when the police happen to encounter you.... Read More

If the Citation is not processed and no criminal complaint issues before probation is terminated you may escape a probation violation. If probation learns of the citation before probation is terminated, you are looking at a violatuion with probably serious consequences.. No Judge is going to be forgiving to an adult under 21 who is caught with alcohol, particularly if that adult is on probation for OUI. A judge is apt to find that you violated probation, revoke the continuance without a finding which was probably imposed as the original sentence on the OUI, and instead impose a guilty finding. He will probably increase the length of probation and mandate more alcohol treatment. If you get a violation notice, you should contact an attorney immediately.... Read More