Consequence of Refusing Field Sobriety Tests in Massachusetts

Field sobriety tests are a common tool used by law enforcement officers to determine whether a driver is under the influence of alcohol. In Massachusetts, if you are pulled over on suspicion of drunk driving, you may be asked to perform a field sobriety test. While these tests can be useful in determining whether someone is impaired, they also have their limitations and drawbacks. In this article, we will explore the pros and cons of taking field sobriety tests in Massachusetts, as well as the consequences of refusing a field sobriety test and a breathalyzer test. Pros of Taking Field Sobriety Tests: Cooperation: If you take a field sobriety test and pass, it can demonstrate to the officer that you are cooperative and not under the influence of alcohol. This could potentially lead to a more positive outcome, such as a warning or release without arrest. Evidence of Sobriety: If you take a field sobriety test and pass, it can provide evidence of your sobriety. This evidence can be used in your defense if you are charged with drunk driving. Cons of Taking Field Sobriety Tests: Evidence Against You: If you take a field sobriety test and fail, the results Details

The Consequence of OUI in Massachusetts

Drunk driving, or operating under the influence (OUI), is a serious crime in Massachusetts. The state has strict laws in place to deter individuals from driving while impaired, and the penalties for OUI are severe. Understanding the charges and consequences of OUI is essential for anyone who may face such charges in the state. In Massachusetts, OUI is defined as operating a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of .08 or higher. It is illegal to drive with a BAC of .08 or higher, regardless of whether the individual is actually impaired. OUI Penalties and Offenses Penalties for OUI in Massachusetts can be severe and long-lasting. The consequences of a OUI conviction can include fines, jail time, license suspension or revocation, and the installation of an ignition interlock device (IID). Repeat offenders may face even harsher penalties. For a first OUI conviction, the minimum penalties include a $500 fine, a license suspension of up to one year, and a jail sentence of up to two and a half years. A first-time offender may also be required to install an IID in their vehicle for a period of time. If a Details

Can Police Officer Demand Identification From Passengers in Motor Vehicle Traffic Violation?

A police officer in Massachusetts can demand identification from passengers in a car that has been pulled over for a traffic violation. According to Massachusetts law, a police officer may request identification from anyone in the vehicle if they have reasonable suspicion to believe that person is involved in criminal activity. The driver of the vehicle is required to provide their name, address, and license to the officer upon request, but passengers are not required to provide identification unless the officer has reasonable suspicion that they are involved in criminal activity. In terms of passengers’ rights, they have the right to remain silent and not incriminate themselves, as well as the right to refuse a search of their person or belongings without a warrant. If a passenger is arrested, they have the right to an attorney and to remain silent until they have spoken with one. The rights and obligations of drivers and passengers are similar in this situation, but the driver has a higher obligation to provide identification and comply with the officer’s requests, as they are in control of the vehicle. In the United States, citizens have certain constitutional rights under the Fourth Amendment of the U.S. Constitution, Details

Aggravated Assault in Massachusetts: Definition, Types, Penalties, and the Importance of Hiring a Criminal Defense Attorney

Assault is a serious crime that involves intentionally causing or attempting to cause harm to another person. When the assault is carried out with a weapon or causes serious bodily injury, it is known as aggravated assault. In Massachusetts, aggravated assault is a felony offense that carries severe penalties, including imprisonment, fines, and a criminal record that can affect an individual’s future prospects. What is Aggravated Assault? Aggravated assault is a type of assault that involves the use of a deadly weapon, or an assault that results in serious bodily injury. The use of a deadly weapon includes any item that is capable of causing death or serious bodily injury, such as a gun, knife, or vehicle. Serious bodily injury is defined as an injury that creates a substantial risk of death or causes significant physical or functional impairment. Aggravated assault can also occur if an individual commits assault on a public servant or a family member. Types of Aggravated Assault The most common instances of aggravated assault in Massachusetts include assault with a deadly weapon, assault resulting in serious bodily injury, and assault on a public servant. Assault with a deadly weapon can occur in various situations, such as Details

Are citizen’s arrests recognized in Massachusetts law?

Are Citizen’s Arrests a Real Thing? Citizen’s arrests were once comedic fodder for television programs like The Andy Griffith Show. However, the real-world consequences of an alleged “citizen’s arrest” are far from a laughing matter. In Georgia, at the time of this writing, three men are facing murder charges in the shooting death of another man in a citizen’s arrest gone wrong. The defendants allege that they were executing a “citizen’s arrest” against the other man since they thought he resembled a burglary suspect. After chasing him down in their truck, they claim they then shot the suspect in self-defense. Massachusetts Citizen’s Arrest Law Massachusetts allows a private citizen to arrest another in cases where the other person “has in fact committed” a felony. You must see the crime occur and have absolute knowledge that the infraction is a felony. If the person arrested is not then proven in a court of law to have committed a felony, the person doing the arresting is liable for criminal and civil penalties stemming from false arrest or false imprisonment. Requirements For Citizen’s Arrest in Massachusetts Say you don’t like your neighbor and think she is a crook. Say you think she is Details

When Are You Required to Give the Police Your Name and Identification?

A Matter of Rights and Responsibilities By the time most of us receive our driver’s licenses, we have been drilled on what to do when a police officer pulls us over. This includes providing our license and registration. But the question remains: does Massachusetts law require you to give your name and identification documents to the police upon request? What if you are a passenger in a car? What if you are walking down the street when an officer asks who you are? Massachusetts law leans towards protecting the right of persons to remain silent and to maintain their privacy, with only one notable exception. Drivers of Vehicles Only the drivers of vehicles are legally required to provide their names and driver’s licenses to police upon request. Passengers If you are a passenger in a car, you may assert your right to remain silent when asked for your name and identification—except perhaps if the officer is issuing you a citation for your behavior, such as not wearing a seatbelt. Everyone Else Passers-by on the street, people who are home when a warrant is served, and even persons under arrest are not required to provide their name or identification to the Details

The Massachusetts Criminal Arraignment Process

It’s easy for attorneys to take for granted the knowledge they have regarding a criminal arraignment. After all, they may find themselves in court several times a week, so the process is second nature to them. Unless you have been involved in a criminal legal process, the things that go on during a hearing can be shrouded in mystery. Let’s examine the process and review what one can expect during an arraignment. The Probation Department Prior to being arraigned, those who are summonsed or arrested are required to check in with the probation department. This visit is used to collect and confirm your information, such as your address, date of birth, the correct spelling of your name, your place of employment, and information about your net worth. This information is used to run a criminal records check to create a CORI (Criminal Offender Record Information) for the judge and district attorney to view. Individuals who do not complete this initial process will not have their case called. Determining Bail The nature of the charges brought against you and your criminal history will determine whether or not bail needs to be set. Individuals who are summoned and appear in court will Details

Who carries the burden of proof in a criminal case?

The phrase ‘burden of proof’ refers to which party—the defense or prosecution—is responsible for providing evidence of a crime. In most court cases, the party filing the claim carries the burden of proof. In a criminal case, this generally falls to the prosecution. The burden of proof refers to the process of proving elements of a crime beyond a reasonable doubt. The burden of proof does not refer to proving guilt or innocence. Criminal cases do not require defendants to prove innocence. However, while the prosecution carries the burden of proof, they do not have to prove guilt to the point of absolute certainty. The prosecution’s job is to present evidence to indicate a defendant is guilty beyond a reasonable doubt. Despite the prosecution bearing the burden of proof in a criminal case, there are times when this burden shifts to the defense. For example, if the prosecution provides facts to prove an element of a crime, the burden to raise doubt then falls to the defense. The defense doesn’t have to disprove the prosecution’s allegations but rather raise doubt about such evidence. While the prosecution initially carries the burden of proof in criminal cases, the defense will need a Details

Can I legally smoke recreational marijuana in public in the state of Massachusetts?

While marijuana use is legal in Massachusetts for people 21 and older, that doesn’t mean you can use it anywhere you want. Only adults 21 or older can legally purchase and possess marijuana, except for those who are registered patients. Consuming even legally purchased cannabis in Massachusetts at a public place is illegal under state law. This covers smoking, vaping, and cannabis-infused foods. While your safest bet is smoking in your home, if you have roommates or a landlord who doesn’t want you smoking there, you might be out of luck. Landlords can place restrictions on whether you can smoke in your home, just like they can with cigarettes. The civil penalty for consuming marijuana in public or smoking marijuana, where smoking tobacco is prohibited is up to $100. While consumption in public is illegal, if you are 21, you may possess up to 1 ounce of marijuana on your person. Local police may handle public use of marijuana by applying the law which prohibits public consumption of marijuana in Massachusetts and may result in a $100 fine. While the law does not apply to medical marijuana, officers in towns which have accepted a public use bylaw may enforce public Details

Handling A Wrongful Death Claim

When a family member suspects wrongful death of a loved one, they can file a particular type of personal injury claim known as a wrongful death claim. Even if no one is criminally responsible for the death, someone can be held civilly liable through a wrongful death claim. Common causes of wrongful death claims include accidents, defective products, exposure to hazardous materials, and medical mistakes. In Massachusetts, the decedent’s estate has three years from the time of death or time of discovery to file a wrongful death lawsuit against the liable parties. Spouses, children, and parents are given priority when filing a wrongful death claim. Other relatives may file if the deceased left behind no immediate family members. Trial versus Settlement When it comes to receiving payment from a wrongful death claim, there are several options. While many cases go to trial, they don’t always go to court. A wrongful death case can drag on and take years for a claim to be settled in court. Due to the time-consuming commitment to see a case to the end, many choose a settlement option. While a judge determines a plaintiff’s award in a court case, the plaintiff or the defendant can Details