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Welcome to the blog page of The Law Offices of Elliot Savitz & Scott Bradley. Here, you’ll find insightful articles, legal updates, and practical advice on various aspects of criminal defense and real estate law. Our blog is designed to help you navigate complex legal matters with confidence, offering guidance on everything from understanding your rights to preparing for court appearances. Whether you’re facing charges or looking to make informed decisions about real estate transactions, our expertise is here to support you. Explore our posts to stay informed and empowered.
On October 28, 2005, the Commonwealth of Massachusetts passed “Melanie’s Law.” The purpose of “Melanie’s Law” was to enhance the penalties and administrative sanctions for offenders in Massachusetts who Operate Under the Influence (OUI). An OUI is more popularly referred to as a DUI in other states. It was the result of a campaign by friends of a young girl, who was killed by a repeat drunk-driver. The law came into effect in January, 2006, and resulted in much harsher penalties for an OUI or DUI. For repeat offenders, these new penalties included the installation of an Ignition Interlock Device (IID) when their licenses are reinstated or if they are issued a hardship license.
Many defenses exist for drug charges. For example, a charge like possession of marijuana with Intent to Distribute or Distribution of Drugs might mean that your Boston criminal attorney can file a motion to dismiss for lack of probable cause or to suppress evidence obtained through an illegal search and seizure. Failure of the police to read your Miranda rights may protect you from statements you made to the police in a custodial situation. Your Boston criminal attorney may also file a motion for Pre-Trial Diversion or negotiate with the District Attorney to reduce the charge to straight possession. He/she may even negotiate a Continuation without a Finding (CWOF), which means that you will not lose your driver’s license.
Is your son, daughter or another loved one facing a school hearing for suspension, expulsion, academic probation? Or it maybe they are facing another type of disciplinary action. Regardless the cause, you are well-advised to hire a criminal defense attorney with the experience and expertise to fight your case and achieve a favorable outcome. We will review your school’s guidelines for defending against the initial charges and filing appeals from the first instance. So instead of going into your hearings alone and unprepared, you will have a trained, sympathetic lawyer by your side to protect your rights and vehemently and articulately argue your case.
At The Law Offices of Elliot Savitz & Scott Bradley our criminal defense attorneys are experienced, compassionate and have a winning track record representing defendants just like you. After hearing your side of the story and reading the police report, we will gather all the information necessary to build a strong defense. We may be able to get the charges dropped at a Clerk’s Hearing (Show Cause), so nothing appears on your criminal record. Or, we may file a motion to dismiss or suppress and get the charges dismissed before a judge. We may even convince the prosecutor to reduce the charges so you don’t jeopardize your license.
In Massachusetts, you can be charged with Operating Under the Influence (OUI). In other states, the same crime is known as Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). An OUI may be either an OUI Liquor or an OUI Drugs. In either case, you are charged with operating a vehicle on a public road or a road that the public has access to while your ability to drive is impaired by either liquor or drugs. However in order to be charged with an OUI, the intoxicated individual does not need to be driving the vehicle when he/she is caught. The driver may be sleeping at a traffic light, on the side of the road or even changing a flat tire.
Even though possession of less than 1 ounce of marijuana in Massachusetts is now a civil, non-criminal charge, you can still be charged with possession with intent to distribute and manufacturing, as well as a school zone offense. That means for under 1 ounce of marijuana, you could be facing up to a mandatory 2 years in jail, or considerably more if you are sentenced consecutively to more than one charge. Of course, for quantities greater than 1 ounce, you can be charged with possession, as well.
Think shoplifting is a relatively modern crime? Think again. It was way back in London about the time the Pilgrims were making their plans to sail to faraway shores that shoplifting became a crime. In 1699, the British Shoplifting Act defined shoplifting as a capital crime. Little changed for the next few hundred years. Even at the beginning of the nineteenth century in England, most crimes were considered felonies, for which the punishment was execution.
Obviously, penalties like possession of marijuana are very severe. Not only might you end up in jail, but you may also be deported if you are not a citizen of the United States. Also, besides your reputation in the community, your job may be in jeopardy or you won’t be able to take your kids to school if you cannot drive. So the first thing you need to do is hire a Boston criminal lawyer. He/she will have the experience to guide you through the court system, to file the appropriate motions to suppress and/or dismiss and prepare for trial, if necessary.
The driver who killed Melanie was a repeat OUI or DUI offender. Following Melanie’s tragic death, her grandfather, Ron Bersani, spearheaded a campaign to have Melanie’s law passed. Ten years after Melanie’s death, Ron Bersani is once again calling for tougher laws after the arrest of 62-year-old Guy Patierno from Billerica, who was arrested for his 12th OUI or DUI offense. Patierno’s license was revoked for life after his 10th OUI or DUI. However, he continued to drive.
In Massachusetts, an OUI is a criminal charge of operating under the influence of alcohol. In other states, it may be called a DUI, driving under the influence, or a DWI, driving while intoxicated. If the police suspect a driver of drunk driving, he/she will be arrested, placed into police custody, transported to and booked at the local police station. Following the booking procedure, the driver will usually be released on bail with instructions to return to court the following business day.
A theft charge is certainly beatable, and there are many strategies available to do just that. At The Law Offices of Elliot Savitz & Scott Bradley our attorneys will file motions to guarantee that the evidence that is being used against you was legally obtained. We will make sure that your rights were not violated in any way. If you were entitled to a Clerk’s Hearing and never received one, we will work hard to get your case dismissed, as we have for many others.
Personal injury is the term most commonly used to refer to an injury sustained through another person’s negligence or intentional tort. An ‘injury’ can mean physical or emotional hurt. Personal injury claims are commonly brought because of traffic accidents, as well as accidents at home, at work or even on vacation. A personal injury lawsuit may arise from a myriad of events, such as tripping on an uneven sidewalk, slipping on the ice, or being hit by a fallen branch.
