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By

Bob White
What is diversion under 276A? Pre-trial diversion in Massachusetts is an alternative to the traditional criminal prosecution track. It allows certain clients to avoid prosecution through successful completion of an approved program. The probation department no longer needs to certify and approve programs to which clients may be diverted (part of the Act Relative to...
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Theft crimes are part of the broader “property crimes” category outlined in M.G.L. c. 266. Below is a list of the common theft crimes our office handles. If you have been charged with a theft crime in Boston, or in Suffolk, Plymouth, Essex, Middlesex or surrounding counties, you need an experienced defense attorney to protect...
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I’m being charged with stealing something that I’m positive belongs to me…isn’t there something I can do? Massachusetts recognizes a “claim of right” defense to property crimes. The law states that “If the defendant took another person’s property in an honest belief that they (or another person on whose behalf the defendant was acting) had...
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Am I guaranteed to get a hardship license? Unfortunately not. Especially after the passage of Melanie’s Law, the RMV is not even allowed to consider an application for a hardship license in cases of multiple OUI refusals. Additionally, even if you took the breath-test, but registered a high BAC (typically anything over .2), the registry...
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This is a list of BSAS (Bureau of Substance Abuse Services) Approved providers for DUI Offender Programs in Massachusetts. Refer to this list to find an Alcohol Education Program near you that meets the requirements for programs for 1st and 2nd offense OUI convictions in Massachusetts. All MA Alcohol Program listing information is subject to...
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Ignition Interlock Device FAQ First Offense OUI Hardship License Requirements Multiple Offense OUI Hardship License Requirements 94C Drugs Hardship License Requirements License Suspensions & Other Penalties There are three aspects of license suspension when OUI is involved: (1) pre-conviction suspensions (typically breathalyzer refusal); (2) suspensions from the conviction/disposition of the case and; (3) collateral consequences...
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What Am I Looking At? A conviction on a Fourth Offense OUI mandates a jail sentence of at least 2 years, 1-year of which must be served incarcerated. A conviction on a Fifth Offense OUI mandates a jail sentence of at least 2.5 years, 2-years of which must be served incarcerated. The implications of a...
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