You are correct. The 180 days loss of license for refusing the breatherlyzer test ends on the date the court accepts your plea tender on the 24D disposition and the 45 loss of license kicks in. You are eligible for a hardship license after three days of your plea with proof of enrollment in an alcohol program and need to drive for work. Myong Joun www.MassRights.com
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Attorney Leace is correct. Not only is this technical, both legally and scientifically, but highly fact specific. You should refrain from discussing anything more specific on this public forum. Please consult with an attorney privately to review the details of the case and what your options are. Myong Joun www.MassRights.com
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It is unclear from your posting what the paperworks are that you signed. I'm not sure that you need an attorney right now but having one couldn't hurt and may in fact be helpful in attempting to settle the matter civilly. Certainly, you should consult with an attorney if it appears that you will be charged criminally. For a charge like shoplifting, it is likely that you will be summonsed to court for a clerk magistrates hearing. An attorney may be able to convince the clerk to not issue the...
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When you appear in court, you will be arraigned on the charge. At that time, if you didn't bring a lawyer with you and you are found to be indigent, the court will appoint a lawyer to you. You should discuss the specifics of your case with your attorney privately, not on a public forum. Subjects to be discussed with your attorney include a review of the charge(s), evaluation of the evidence, and exploration of options going forward. Myong Joun www.MassRights.com
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Every criminal defendant is entitled to an attorney for his defense. When your husband appears in court for his arraignment, he would have been interviewed by probation to determine indigency. If the court finds that he is unable to afford to hire a private attorney, the court will appoint a lawyer to him for "free" ($150 in court costs that may be paid through community service). Myong Joun www.MassRights.com
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You will receive a notice for the violation of probation. As the previous answer stated, it is best advised that you retain an experienced criminal defense lawyer. Good luck. Myong Joun www.MassRights.com
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No, the blue paper you received was the recognizance for you to appear in the court to remove the warrant. When you removed the warrant, the court should have given you a white piece of paper called a notice of recall but since the charges were dismissed when you got there, you may not have gotten it. Here's what you should do: Go to the clerk's office in that court and get a certified copy of the criminal docket. Bring it to the RMV which should clear it up. Good luck. Myong Joun www....
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Attorney Foley is correct, there are many factors that need to be considered. Please consult an experienced criminal defense attorney.
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That is incorrect. It is true that CWOFs are considered non-convictions but it will appear on your CORI. Typically, it will show the CWOF, length of the probationary period, and then an indication that the charge(s) were dismissed, assuming that probation was completed successfully and terminated with the charges being dismissed. The arrests will also show up on the FBI's III database (although sometimes, the dismissals aren't properly reflected in their records). Depending on what the...
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Although I agree with prior posts that many factors go into determining a range of a potential sentence, I just caution you about disclosing facts in any detail on a public site. It is important that these issues be discussed privately with an experienced criminal defense lawyer. Myong Joun www.MassRights.com
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