If you are charged with DUI/OUI in Massachusetts, then Attorney Hynes the MA DUI GUY and team of lawyers can help. We represent clients throughout the State.

 

Attorney Dan Hynes only handles DUI cases and wrote the book Drunk Driving & Drugged Driving Defense in Massachusetts. Attorney Hynes is admitted to practice law in NH and MA, so if you have a New Hampshire License, and were charged with OUI in MA, he can help with both States.

 

Charged with OUI and have Court on Monday?

Don't go alone. Call us now and we can be there to help. We are available for weekend consultations.

Give us a call to discuss your defenses. (978) 812-0001

From arrest to trial in a MA DUI case

From Arrest to Trial

Once you are arrested, the criminal process against you will begin. If you get arrested on a Fri night or over the weekend, there is a good chance you will have court first thing on Monday. This is called an arraignment. It can help your case to have a lawyer with you at the arraignment. This is why we offer our services on weekends to be there with you every step of the way to help get you the best result possible.

If you have Court coming up soon, don't delay. Give us a call today - 978-812-0001.

 

After arraignment, the next court appearance at District Court is usually a pre-trial conference. This date is usually a couple months after the Arraignments, but different Courts vary on the time-frame. Some are as quick as a month, in others, six months or so will often pass before you get a trial.

Discovery

Discovery is a legal term which means you will have access to all of the records the prosecutor has. This includes police reports, your driving record and criminal record, and any witness statements. Once you or your lawyer has these documents, the facts of your case can be better analyzed (at least according to anticipated testimony of the arresting officer).

 

Pre-trial motions

During the time you are awaiting trial, certain pre-trial motions may be filed. These include motions to suppress (which seek to keep out unlawfully obtained evidence), and motions to dismiss (which, if granted, would result in the charge against you being dismissed).

 

 

Plea Negotiations

At some point during the pre-trial phase, the State may make a plea offer. A plea offer is an agreement where the State will make a certain recommendation in exchange for a guilty plea. Sometimes the State will offer to reduce charges in exchange for a plea offer. In other cases the State will make a certain recommendation.

In a case where both sides ask for the same plea offer, that is called a negotiated disposition. When the State asks for a certain maximum sentence, yet you can ask for any sentence, that is referred to as a capped plea. In that instance, the Judge cannot go over the recommendation of the prosecutor.

Every case that involves a negotiated disposition or capped plea will have to go in front of the Judge for approval. If the Judge does not accept the agreement then the plea will be withdrawn and the case will proceed to trial, or the plea conditions may be modified if that is something the Judge proposes.

 

Trial

If you are going to fight your case and reject plea offers, you will eventually have trial. The trial is in front of a jury of 6 people, or you can have a bench trial (trial by a judge).

No matter which type of trial you have, make sure you show up in appropriate clothing. The Jury, and to a lesser extent Judges, will often make certain assumptions of you based upon your appearance and demeanor. Dress in business attire and you will be fine. Whatever you do, do not wear a shirt that has a logo for some beer company, and do not appear disheveled or in any manner that may lead the jury to believe you have a problem with alcohol.

In regard to demeanor, do not speak unless directed to by your lawyer or the Judge. If you have any questions write them down for your lawyer to see. Try to not constantly interrupt and talk to your lawyer during the trial as he must be focused on listening to the evidence.

During a trial the State will go first, calling their first witness. You or your lawyer then has an opportunity to question the witness. After the prosecutor is done with all his witnesses he will rest. At this time certain motions may be made. Then, it is your turn to present evidence or witnesses, or just rest and have the Judge/Jury decide the case.