Criminal Defense and OUI Laws in Massachusetts

Whenever someone is arrested for OUI in Massachusetts, they may wrongfully assume there simply isn’t much they can do aside from show up for a hearing and take whatever punishment or penalties the criminal court system hands down. However, when you invest in skilled, experienced and compassionate representation, your rights will be protected and you can rest assured someone is in your corner to ensure you get the best possible outcome. Each OUI arrest is different and the unique circumstances of your situation can work to help resolve the matter in the best way possible for you.

What is OUI

OUI is the operation of a motor vehicle on a public way or a way upon which the public has access to, while under the influence of intoxicating liquor. A blood alcohol content test is used to determine if someone is over the legal limit for alcohol. Being under the influence of drugs or other substances that lead to impairment can also lead to an operating under the influence charge. You can be charged with OUI if you are driving a car, boat, ATV or any other motorized vehicle in Massachusetts while under the influence. The blood alcohol content numbers and what is deemed over the limit varies according to type of vehicle and age of driver.

What Are The Penalties for OUI in Massachusetts

The penalties and fines for an OUI conviction in Massachusetts are amongst the toughest in the nation. If you are facing an OUI charge, it is vital that you know what kind of punishment may apply to your situation. The penalties essentially increase with every OUI conviction in Massachusetts. The basic outline of what punishments you may have to contend with if convicted of OUI is as follows:
1st offense—a loss of license for 1 year, fines ranging between $500-$5000, possible jail time of up to 2 ½ years, an alcohol education program and a fee of $50 to $1200 to reinstate your driver’s license.
2nd offense—license suspicion of 2 years, $600-$10,000 fine, jail time of 60 days to 2 ½ years with 30 days suspended and the mandatory installation of an ignition interlock device.

3rd and 4th offense—these are upgraded to felony offenses. Loss of license for 8 to 10 years, fines from $15,000 to $25,000 and jail time of up to 5 years. A 5th offense will result in a lifetime loss of driver’s license.

What a Criminal Defense Attorney Can Do For You

When you secure a legal professional from the Shapiro Law Group, PC who is an experienced in Criminal Defense Law in MA and who will compassionately take the time to hear your side and help you avoid the harshest penalties, you can sleep easier at night knowing someone is on your side. The loss of your license and the fines that are possible with an OUI conviction can have very serious consequences on your family, your career and your reputation. Knowing your rights is essential; but securing representation that will fight for your rights and do everything possible to help you achieve the best possible outcome is highly recommended. A criminal defense strategy can help organize the evidence against you, determine what may be arguable, conduct a thorough investigation into your case, fight for you during your trial, arrange an appeal if needed and help secure restoration of your license as soon as possible. From plea bargains to probation, a skilled and experience criminal defense attorney with a background in OUI cases can help you achieve the optimal result from your case.

If you have been arrested for OUI, contact an attorney from the Shapiro Law Group, PC so we can learn more about your case and possibly put together a strategy to help you.

By Anna Shapiro

Creditor Negotiation Law Firm in Massachusetts

If the state of the economy has meant you have resorted to taking on too much credit card debt, loans you are not able to pay back on time, or your small business loans have fallen behind due to the recession, you are not alone. Millions of Americans are feeling overwhelmed, stressed and worried about their financial future. Being indebted to creditors and being unable to effectively manage that debt can lead to more problems than just your credit score. When debt becomes unmanageable, it takes a real toll on future finances, assets, family life and even the health of those who are struggling with debt. When you know you are in trouble trying to carry the debt you have accumulated but you are not ready to File for Bankruptcy, you may want to look into creditor negotiation.

 What is Creditor Negotiation?

When you turn to a lawyer to handle creditor negotiation in your name, you are in an essence giving that lawyer the power to help you and negotiate with those you owe money to. Your legal representative will help you filter through the financial documents and obligations you have to help explain exactly where you stand. They will then lay out the best options for your particular debt situation. The lawyer will then speak with creditors on your behalf and work out necessary agreements to help you get back on your feet and back in control of your finances as soon as possible. Working with a lawyer who specializes in creditor negotiation can also help those in debt settlement options that can result in paying a fraction of what is owed.

Why Hire a Creditor Negotiator if I am Already in Debt?

The thought of paying money to a lawyer to help negotiate your debts when you have limited funds may seem counter-productive. However, when you invest in a professional Credit Negotiations Lawyer to represent your interests, you are investing in a better financial future. A lawyer on your side will show creditors that you take your debt and financial obligations seriously and fully intend on addressing the issue as best you can. A professional creditor negotiator can also negotiate deals with creditors that they would not otherwise consider. A settlement that you can handle without sinking further or jeopardizing your financial recovery is more attainable if you have legal representation that consist of a skilled and knowledgeable team who has the negotiating skills to act in your best interest. Also, when you are represented by a lawyer who is adept and experienced as a creditor negotiator, the harassing calls or demands for money you can’t pay will cease. This alone will take a massive weight of your shoulders while you prepare to tackle your debt.

If your personal or small business debt has become unmanageable and you need the assistance of a legal professional who can take the reins and help you get the fresh start you deserve, call the Shapiro Law Group, PC and take the first step towards being debt-free.

By Anna Shapiro

Consumer Rights and Protection

It is natural for all of us to assume we can trust whoever we do business with. In fact, it wasn’t all too long ago when a simple handshake was all it took to seal a deal, ensure a job was done right and guarantee customer satisfaction. However, those times are sadly long gone and not everyone conducts themselves with the highest ethics and standards of business anymore. If you have learned that lesson the hard way, you may want to learn more about consumer rights and protections.

The Basics of Consumer Rights and Protections and Chapter 93A

The pursuance of a consumer rights and protections claim typically comes about when a consumer has been the victim of a business or individual that was deceitful, unfair or even unlawful– either intentionally or they have refused to rectify the situation once the mistake or wrongfulness has been brought to the their attention. The particular statute, Chapter 93A, is a legal recourse for those who have been the victim of bad business. The process of filing a consumer rights suit begins with a 93A Demand Letter. This letter essentially outlines how you have been wronged and what kind of remedy you are insisting upon. There must also be proof the entity or person you claim is at fault is engaged in doing commerce. Then, you must have supporting evidence or proof that their actions were unfair, deceptive or illegal. There must also be proof that there was a loss of money or property for compensation to be pursued. That compensation can also include the cost of attorney fees or other expenses incurred as a result of the wrong that was committed, including double or treble damages.


Common Consumer Rights and Protection Cases

There are many forms of unfair or deceptive practices that may warrant a consumer rights and protection case. Just as each situation may be unique, the expenses or losses someone has suffered can be just as varied; therefore damages awarded are dependent on the facts of each case. Some common examples of deceptive or unfair practices include when a business changes their rates or the cost they have marked an item or advertised it for, discrepancies or confusing refund or return policies, or a business that doesn’t live up to the warranty they promises or advertised. Another common issue that can lead to a consumer rights and protection case may be when a business or individual fails to warn someone about a product or service that can result in injury. Bait and switch practices are also common occurrences that lead to the need file action. Other occurrences that may lead someone to seek legal action may be if someone is unfairly targeted by a collection agency or denied credit because of inaccurate information on their credit report. Deceptive advertising practices or being defrauded by a lender or salesman, such as an auto dealer, also fall under the umbrella of when legal protection or the acquisition of damages may be actionable.

If you have been in a situation where a business to consumer deal or even a business to business deal has not gone as you feel it should, and you have suffered damages as a result, you may want to find out if legal action pertaining to consumer rights and protection laws may be in your best interest. Although a handshake is no longer as legally binding as it once was, the basic principles of fairness and trustworthiness should be. At the Shapiro Law Group, PC, our skilled consumer protection litigators can help determine if you have been wronged and also what kind of damages or compensation will best rectify the situation. We can successfully negotiate a settlement and help ensure all legal filings and avenues, including the drafting of your Demand Letter, are handled as they should be so you can get the results you deserve. For more information on consumer protection laws and rights click here.

By Anna Shapiro

 
Civil Litigation Simplified

There are situations where people may have been overtly wronged or hurt; yet there is no criminal recourse or action to be taken against that individual or business. Just because a situation is not a criminal matter doesn’t mean you don’t have any means of redemption or a way to secure damages that may be needed to overcome the wrong that has been done to you. This is when a civil litigation attorney in Massachusetts can help protect you and your rights. Your rights may have been violated due to someone else’s negligence, injuries may have been suffered or a contract may have been broken or mishandled in some way. Breach of duty–such as within products liability, unsafe practices, property hazards—such as from a construction company and building code violations, or personal injury in the form of physical injuries or mental trauma from an accident are just a few of the common issues solved through the civil courts of Massachusetts. Other situations that fall under the realm of civil litigation can include disputes over intellectual property, fiduciary duty, workers compensation disputes and real estate matters between landlords and tenants, amongst other scenarios that may warrant legal civil action.

Process of a Civil Litigation Case in Massachusetts

If you feel your current situation warrants the pursuance of a civil claim or you are in a position where you must defend yourself against a civil suit, the first step will be filing a complaint. The formal complaint should be a short and plain statement of the facts, outlining the exact harm that was incurred and the relief sought. Assuming no counter-claims are raised by the defendant, discovery then commences.

Discovery is the formal exchange of information before trial. Discovery is divided into written discovery and oral discovery.
Once discovery is or nearly complete, a pre-trial conference will examine the current status of the action, and whether settlement is a plausible resolution for the parties.

This is a succinct assessment of the pre-trial civil litigation schedule in Massachusetts. Not all cases follow such a trajectory.

How Long Can a Civil Litigation Case Take?

Since no two civil litigation cases are exactly alike, there is no way to predict the outcome, length of the process or the various routes a case may take. Typically in Massachusetts, most civil litigation cases are resolved through a settlement agreement. A settlement is usually offered quickly in the beginning and with a more favorable resolution when the plaintiff who brought the case forward has a civil litigation attorney in their corner. However, if an initial settlement is turned down or inadequate, the case can go on for months or even years. It is crucial to understand some situations require quicker action than others as there may be a statute of limitations for seeking damages. It is best to secure legal representation quickly as your attorney will inform you of any statutes or time limits that may be pertain to your situation.
Possible Paths to Resolution

While a settlement before reaching trial is the most common resolution, there are other options that may apply as a possible resolution to your case. An alternative-dispute resolution process may work. This is where a third party directs negotiations and works to outline the strengths and weaknesses of both sides with a compromise as an end goal. The opinion or ruling of a mediator is not a “set in stone” ruling, but merely a guided and educated suggestion that may benefit both sides. Some courts will encourage both sides of a civil litigation case to go through an arbitration process. An arbitration resolution is typically quick and the decision is an ultimate resolution that both sides will agree to abide by.

Importance of Seeking Legal Guidance

Any kind of civil litigation case can be much complicated than expected for either side. There are typically laws, statutes, regulations and codes involved that the layman may not know to utilize or how to defend themselves against. There is also the time, research and expense involved in securing expert witnesses and proper documentation related to the case. Going at it alone can be both financially and emotionally taxing. The civil litigation experts at Shapiro legal have the experience, resources and ability to fight for the outcome you deserve. The damages you may be seeking may mean the difference between struggling for years to come, financial ruin or perhaps being able to overcome the wrong that may have altered your life forever. When there is so much at stake, securing the help and guidance of the skilled legal professionals at the Shapiro Law Group, PC should be the first step you take to getting the resolution you want.

By Anna Shapiro