First offense DWI was over thirty years ago , Second offense was twenty years ago. Both were treated as first offenses.. ( Ten year lookback was in force at the time. )
Does Cahill come into play ?
No, but you can still negotiate with the DA on a reduced charge.
My case is a 3RD offense DUI which was amended to a 2ND. I received my 1st in MA, my 2nd in VA and now this one in MA. I spent 5 months in jail. I would like to have someone review my case and I need to get my documents from my lawyer. But, he's telling me that they are not easily accessible. Is this a reasonable request? Should I push to get them back?
You can obtain the entire file from your lawyer. You have put him on notice that you want them, so go to his office...
it was for a dui in 1984! I thought for sure I had cleared that up, as a matter of fact I had another dui in 1994 & the earlier one NEVER showed up! Well since then I have been sober since 8/95, hav held a license in NH & MS, and worked as a school bus driver and a mail carrier, which both jobs require extensive backround checks, and no warrant ever came up!!! I went & had the warrant lifted as soon as I found out, but now I have to face these charges that I thought I took care of back then. The lawyer told me I will probably have to go to classes & pay fines & lose my license again which means I will lose my job as a bus driver here. This case is almost 30 yrs old!!!! Any suggestions for me on how to go about with this?? I cannot lose my job& I live by myself on a budget & cant affordfine
If you have a lawyer, he knows the case and you should be discussing this with him. We try not to "arm-chair...
A person has complied with sentencing. ( A guilty plea on a DWI with part of the sentence being that if he should not repeat the offense within ten years he shall be not charged with a second offense but a first,)
He is charged with a second offense twenty years later.
Does this mean the court told him the wrong information at the first offense and in fact void the agreement that he made at the time of the first offense.
Does Melanies Law violate prior sentencing agreements ? ( MA )
This would have to have been noted on the plea agreement, and if you can get a copy, then you may be able to enforce it....
I refused the breathalyzer test, and although I did fairly well on the field sobriety tests, I was still arrested. I never stumbled around or slurred my words, and I was cooperative with the officers the whole time. Do I plead "not guilty" in front of the judge and then try to talk with the prosecutor after, or do I talk with the prosecutor before I stand in front of the judge? I do not have a lawyer.
How do you know this us a trial date? Have you gone through all the put trial phases?
Retain a lawyer ASAP or ask the...
This rehab is a program that gives out many restrictions if the resident were to break any rules. My fiance recently almost got kicked out for something that his counselor messed up on. This program is a residential rehab and for the people that are striving to make this program work for them, the pressure is way too heavy. He is thinking about asking his PO for a program such as an Adult Day Treatment program. Would this type of program be something that a PO can agree to? And because my fiance is stipulated to his current program, I am assuming that a court date would have to be put in place if such a change were to happen. Is that right? Thank you for any information.
The truth is residential rehabilitation programs are suppose to be hard and have many rules and structure. If this was...
