Frequently Asked Questions About Massachusetts Laws
In our criminal law practice, the attorneys at the Massachusetts Criminal Defense Group get asked the same questions all the time. Here are some of our collected answers, and if you can't find the answer you need for your case, call us for a free consultation at (800) 461-6900 or use our online form .
Questions and Answers About Massachusetts Drunk Driving Law
- Q: Do I need a lawyer when I am arrested for a DUI?
- Q: What happens in the courtroom?
- Q: What's the difference between DUI and OUI?
- Q: Is OUI considered a felony or a misdemeanor in Massachusetts?
- Q: Should I fight the case or work out a deal?
- Q: Since this is my 2 nd offense, I will probably take the case to trial. Will the Judge or jury find out that it's my second offense?
- Q: How long will my DUI arrest stay on my record?
- Q: How long will I lose my license for?
- Q: If I take the case to trial, isn't it the cops word against mine?
- Q: Other than losing my license, what will happen if I don't fight it?
- Q: What happens once I am taken to the police station? Can I go home?
- Q: I was stopped by the cops at a Roadblock. Can I fight it?
Q: Do I need a lawyer when I am arrested for a DUI?
A: It isn't required, but when you hire our DUI attorneys to appear with you at your arraignment, we can often times resolve your entire matter that day. You may not have to come back a month or more later. We can work toward getting you your license back right away, or a hardship license as quickly as possible. Also, when you have an attorney on your side, you are equalizing the power between you and the Commonwealth. Preserve your constitutional rights that are guaranteed to all criminal defendants.
Q: What happens in the courtroom?
A: When you appear in court, your charges are read to you and you enter your plea (not guilty). The prosecutor (through the District Attorney's Office) will discuss with the judge whether or not you should be considered a flight risk (a person deemed to be at risk for leaving the area).
Q: What's the difference between DUI and OUI?
A: There are minor differences. In Mass., the statute refers to "operating" under the influence whereas other states only focus on "driving" under the influence. The key subtlety is in operating vs. driving the vehicle.
Q: Is OUI considered a felony or a misdemeanor in Massachusetts?
A: Your first or second offense is a misdemeanor. A third (3rd), fourth (4 th), or subsequent offense is considered a felony – and requires jail time if you are convicted.
Q: Should I fight the case or work out a deal?
A: Only you can make decisions for your own situation, but odds suggest that you should fight the case if at all possible. If you've been arrested for the second or third time, taking the case all the way to trial is almost always the way to go. You don't have much to lose because the penalties for a 2nd or 3rd offense usually aren't any worse than the plea deal we would be able to get you.
Q: Since this is my 2 nd offense, I will probably take the case to trial. Will the Judge or jury find out that it's my second offense?
A: No. They should not be able to consider that information.
Q: How long will my DUI arrest stay on my record?
A: Unless you fight it and prevail, it will never go away and if you get arrested again it will be counted as a prior offense.
Q: How long will I lose my license for?
A: If you have a Massachusetts License, you are able to get your license back after your license suspension ends. It will vary depending on the charges. It would typically be a total of six months if you refused the breath test.
If you failed the breath test, it is minimum of 75 days total.
Q: If I take the case to trial, isn't it the cops word against mine?
A: Not really. We look for evidence to prove that the police officer made a mistake, didn't follow the proper procedure, or provide the fact finder (the judge or jury) with an explanation as to why what the officer claimed was wrong. With our independent investigation, we go to the scene and walk through the officer's behavior and report to find mistakes.
Q: Other than losing my license, what will happen if I don't fight it?
A: It'll affect your employment, it'll pop up when someone runs a background check on you, and Canada will ban you from entering their country.
Q: What happens once I am taken to the police station? Can I go home?
A: Once you are arrested, in most cases handcuffs are put around your wrists and you are pushed into the back of a police car. Once you get to the police station, you are asked questions, photographed, fingerprinted, and searched. Everything is taken from you — your wallet, pocketbook, keys, money, your coat, and even your cell phone. You are placed in an empty jail cell where you wait. For some, a bail commissioner is called and bail is set. Most are released on personal recognizance, with a $40 processing fee. The terms of your release are such that you must appear in court the next business day. Some are not so lucky and remain held until their court arraignment when bail is set.
Q: I was stopped by the cops at a Roadblock. Can I fight it?
A: These cases are often easy to fight (and win). There are lots of loopholes, administrative requirements, and opportunities to have the case dismissed.
Questions and Answers About Massachusetts Bail Laws
- Q: What is bail?
- Q: Is bail ever returned?
- Q: What considerations are made when bail is being considered?
- Q: What if bail is set so high and I don't have the money?
- Q: What else do I have to do other than pay bail?
- Q: What are "bail warnings" that are read in court?
Q: What is bail?
A: Bail is cash, or a cash equivalent, that an arrested person gives to a court to ensure that he or she will appear in court when ordered to.
Q: Is bail ever returned?
A: It is not returned until the end of the case. It is held for each court appearance until disposition of the criminal matter.
Q: What considerations are made when bail is being considered?
A: The bail statute in Massachusetts addresses such issues such as the severity of the crime, your ties to the community, your past criminal history, and any past interaction you have had with the courts.
Q: What if bail is set so high and I don't have the money?
A: You may be permitted to take out a mortgage to the court as surety to be released later.
Q: What else do I have to do other than pay bail?
A: You may have some conditions set by the judge. You may have to abide by a restraining order, report to probation, perform random drug or alcohol tests, or wear an ELMO bracelet around your ankle and be confined to house arrest.
Q: What are "bail warnings" that are read in court?
A: The judge will normally warn you that if you are arrested or charged with a new offense, the District Attorney can ask that you be held in jail without the possibility of posting any cash bail.
Our Lawyers Can Make a Difference. Call Us for a Free Consultation.
Because we'll appear in each Massachusetts court , our local attorneys know the laws, prosecutors, and Judges in the local area. We know local procedures in the courts and can avoid unnecessary delays that others often encounter. By working with the same people day-in and day-out, we've learned how judges rule, and which matters they often concede and which they hold firm.
Better yet, the criminal defense attorneys at our firm have earned stellar reputations for our thorough independent investigations and our impeccable attention to detail the preparation of our trial notebooks and cross-examination of police officers. For a free case evaluation, call (800) 461-6900 or use our online form to schedule an appointment and learn about our winning formula.
