Legal Question in DUI Law in Massachusetts

my friend was arrested for DUI in massachusetts. are there any alternative sentencing programs available so she could avoid serving prison time?


Asked on 3/10/10, 8:00 am

6 Answers from Attorneys

Daniel Gindes Law Office of Daniel Gindes

Hi:

Very few if any first time offenders serve jail time, assuming no accident or personal injury. I would be happy to go into more detail if you wold like to give me a call.

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Answered on 3/15/10, 8:10 am
Christopher B. Coughlin Coughlin Law Group, PC

The short answer is yes.

For a first offense, she would most likely not be facing any sort of jail time (unless there was an accident and someone was seriously injured or killed). She would be eligible for the first offender's "24D" program. This would entail probation for a year and alcohol education classes.

I would suggest that your friend consult with an attorney before taking any plea or making any admissions though. You only get one shot at a defense so it's worth an investment to make sure you do it right. While the penalties for a first office are not severe, the lifetime consequences can be.

If she would like to speak with someone we would be more than happy to give her a free consultation. 617-500-3694

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Answered on 3/15/10, 8:10 am
Kevin Gaughen Jr. Gaughen, Gaughen, Lane & Hernando

Yes, for first and second offense OUI's there are alternative dispositions that do not include jail time. For a 3rd offense or above there are minimum jail sentences. No matter what offense is charged it is important to hire an experienced attorney as soon as possible to keep open all methods of defense. Feel free to have you friend call me to discuss her case further.

DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

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Answered on 3/15/10, 8:12 am
Gregory Casale Gregory Casale Attorney At Law

I don't know where your girlfriend lives but she should hire the best criminal defense attorney in the nearest larger city (Worcester, Sringfiled, Boston, etc) to where she lives. So long as it is her first or second offense, she should not be looking at jail time. However, there are many more considerations to keep in mind. Operating Under the Influence is the most subjective crime on the books (without BT evidence) and therefore is more dependant on the experience and knowledge of her attorney than most other crimes. That is why she should hire the best criminal defense attorney that she can find in her area (home court advatage is also important). If you or she is in the Worcester area call me ay (508) 752-7500.

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Answered on 3/15/10, 10:38 am
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

The answer is Yes but depends on many factors. Contact my office for a free consult-774-745-0562.

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Answered on 3/15/10, 11:34 am
Joseph Murray Joseph M. Murray, Esq.

There are alternative dispositions for first offenders, but your girlfriend should retain an attorney before making any plea. Good Luck!

DISCLAIMER: This answer is provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

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Answered on 3/19/10, 12:24 pm


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