WHAT TO DO IF YOU ARE ACCUSED OF A CRIME?
The first thing you should do is to call your lawyer. If you don't already have a lawyer, you can calls us at 1-866-4-LAW-NIC. Just remember for law call nic. (4-Law-Nic) It is a toll free number starting with 866. It is important to get someone on your case right away. You should not give any statements to the police. In fact, you should always exercise your consitutional right to remain silent when Miranda warnings are given to you. Often times, a person's own statements made innocently at the time of questioning are used against them in the prosecution of the case. Sometimes the statement can be distorted into a different meaning than what you intended to say. That is why it is very important that you contact your lawyer immediately. You should tell the police that you do not want to speak to anyone until you have spoken to your lawyer. Your silence cannot be used against you.
OPERATING UNDER THE INFLUENCE (OUI/DWI)
If you have been involved or charged with driving while under the influence of alcohol, and you refuse the breathalyzer test, you should know that you will have a mandatory license suspension for six months. The question is whether or not refusal is really worth it. The facts of each case are very different. Some persons will say to avoid the breathalyzer at all cost. Well, if you are not drinking or under the influence, you should not have a problem taking the test. If you are drinking and take the test and fail, your lawyer will have a more difficult time fighting your case. In any event, this does not mean that you cannot win your case, as there could be problems with the tests which have been known to not be very reliable in all cases. See our Section under DRUNK DRIVING DWI/OUI laws for more information about the 24 (d) program or click on the link below:
WHAT IS MELANIE'S LAW? CLICK ON THIS LINK FOR MORE INFORMATION ON OUI/DWI, MELANIE'S LAW AND REGISTRY OF MOTOR VEHICLE SUSPENSIONS.
RESTRAINING ORDERS AND DOMESTIC MATTERS.
Generally, when there is a domestic incident where one family member accuses the other of an assault and battery, which is a harmful or offensive touching without the victim's consent, the police who have been called will advise the victim of his or he right to get a restraining order, which will entail that person going to the court and having a hearing in front of the judge, who will determine whether the victim has given evidence that the victim is in reasonable fear of imminent bodily harm from the accused. If the judge believes the victim has sustained the burden of showing this, the judge will issue the order. The defendant will then receive a notice most likely by an officer of the court, and will have a full hearing on the matter within 10 days, unless he was present at the first hearing. In most cases, the restraining order will issue for a year unless the accused can show that the victim does not have a reasonable fear of imminent bodily harm.
In any event, the accused should know that even though the issuance of a restraining order is a civil matter, a violation of a restraining order is a criminal offense punishable by a jail term. So, once issued, the accused should NEVER contact the persons listed on the order and should follow the order exactly, even if the victim tries to contact the accused. Do not answer your phone or meet the person in any case, as it is only the judge who can take the order off. The victim is not the one who can give permission to break a court order.
COLLATERAL CONSEQUENCES OF A CRIMINAL CONVICTION
There are often immigration consequences with a criminal conviction. Hence, before pleading guilty or admitting to any offense, you should consult with either an immigration attorney or a seasoned criminal attorney who is knowledgeable with regard to these collateral consequences. J-1 and H2B Visa foreign and temporary workers have made up a substantial part of the seasonal workers that come to Massachusetts every year. This is especially true in areas like the Cape Cod hotel and restaurant industry, which employs many foreign students during the summer months. Not only are parents of college age children upset when their child is arrested for DWI OUI or another criminal charge while either on vacation or while working their way through college; but also parents who are living in another country are shocked to learn that their child has gotten in trouble with the law while on a temporary visa in the United States. NCASTRO LAW, L.L.C., is equipped to handle these types of cases. All calls to our office are confidential. We will work towards maintaining your child's conviction free record with strict confidentiality.
