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Should I Plead Guilty to OUI

Frequently, clients want to plead guilty to an OUI and move on. They may think it was an unfair stop but are not feeling passionate about the fight ahead and would rather put it behind them. We generally advise against this – at least until we’ve had a chance to review and evaluate all the evidence. Learn more about what happens if you are stopped for an OUI.

OUI has lasting consequences in your life. A few years ago, the law was changed from a 10 year lookback to a lifetime lookback. This means that an OUI never disappears from your record. For example, you could have had a couple of OUIs in your twenties but now you are in your sixties and have spent decades being safe, smart and careful. If you get stopped for an OUI now, you are looking at your third OUI offense, which comes with felony charges and, if found guilty, mandatory jail time of 150 days.

Whatever your circumstances, we always recommend politely refusing the field sobriety test as well as the breathalyzer test. Refusal is not admissible in court. In Massachusetts, the police do not offer a blood test and will not take you to a facility to have one, but it is your right to do so and if you indicate that you want a blood test, they must book you quickly so that they do not impede your ability to get one. Read more about our recommendations here.

We urge you not to drink and drive. Have a plan before you go out if you know you will be drinking. Have an emergency plan if you find yourself at a celebration at the last minute. If you do decide to drink and drive have our number in your contacts. Contant Law call or text us (617) 227-8383.

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Four Reminders for a Safe Spring Break

Spring Break is right around the corner. If your young adults are headed off to a warm and sunny beach for a week of revelry with their friends, be sure to remind them of important pitfalls they need to avoid on their holiday.

Drinking and Driving

Drinking and driving is a crime everywhere. The penalties vary from state to state and country to country, but there are no light sentences for OUI anymore. Furthermore, if you get in trouble far from home you will have to go back to plead your case. That’s time and money out of your life to travel there and get legal help there. It’s just not worth the risk or the hassle. Ride shares are easily arranged and are an inexpensive option to get where you need to go.

Cell Phone Use

In February 2020, Massachusetts made hands-free only cell phone use the law. Cell phone laws do vary by state, but more and more states have laws on the books about cell phone use. Texting is prohibited in 48 states and in 20 states hand-held cell phone use is banned for all drivers. In most states there are additional laws in place for drivers under 21. Know the laws where you are going and just be smart and put the phone down.

Not Every Thing is Legal Everywhere

Laws surrounding marijuana vary by state, as well. If you are over 21 you may very well have legally purchased it, but if you get on a plane with pot – in any form – you are committing a federal crime and you run a high risk of being stopped. If you are driving to your destination you may be driving through states where it is also a crime to be in possession. The wise choice is to leave it at home.

What Happens on Spring Break Doesn’t Always Stay There

Everyone knows that alcohol can fuel poor choices. Booze, the beach and a sense of freedom and revelry during a break from the routine can sometimes lead college students to impulsive choices about sex. Unwanted sexual advances or sexual acts can result in life-changing accusations when you get back to college. In addition to preventing gender-based discrimination on college campuses, Title IX also addresses sexual harassment, unwanted sexual advances and sexual violence. Thinking about the choices you make before you act on them could save you from being accused of a Title IX violation once you get back to college.

The college years should be fun. Making sure that they stay that way can be as simple as reminding your young adults about these pitfalls so they don’t end up in trouble.

If you or a family member do find themselves in trouble with the law, get legal help immediately. Call or text Contant Law at 617-227-8383.

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When Poor Judgement Becomes a Crime

A great deal of research supports the fact that the human brain does not fully mature until the mid-20s. The last part of the brain to mature is the prefrontal cortex, the part of the brain that controls reasoning and decision-making. So, it is not surprising that kids and young adults can make impulsive and poorly thought-out decisions. Sometimes, these poor decisions can land young people in trouble, and these mistakes can stay with a young person for their entire life, preventing them from opportunities in the future. That’s why when young people get into trouble, they need an advocate immediately.

The impulsive mistakes made by an adolescent or young adult can be addressed and the consequences reduced or mitigated if action is taken immediately. One should never shrug off an arrest thinking that the record will disappear when the child reaches age 18. That is not true. In many cases a juvenile record will stay with you for life. And if you make a mistake in that window after age 18 and into your early 20s, addressing it immediately – especially if you’ve never been in trouble before – can rescue your good name and reputation. We had a recent case of a 20-year-old college student who was cited for underage possession of alcohol. We were able to help him stay out of trouble and protect his future. Read more about the case here.

Another impulsive client, a young teenager, was accused of breaking and entering. Before he and his parents sought legal help, he gave a statement to the police. This left us with less ability to help. We were able to help him find a resolution to his situation (read the case here), but it would have been easier on him if he had sought legal help sooner.

Kids get into trouble. This can happen not because they are malicious or bad kids, but simply because they are impulsive or don’t use their best judgement. Getting legal help as soon as there is trouble can make the trouble a lot easier to manage. If your child or another juvenile family member finds themselves in trouble with the law, get legal help right away. Having an advocate in your court can make a difference to the outcome of the case. A successful outcome can save a child from a record that follows them throughout their entire life. If you or someone you know finds themselves in legal trouble.

Contact us. Call or text Contant Law at 617-227-8383.

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Kids Have Rights, Too!

It seems like it shouldn’t have to be said, but sometimes people forget that when juveniles get into trouble with the law they have rights and those rights need to be protected. In fact, some of the laws that protect juveniles are stricter than those that protect adults because they are written with juveniles in mind.

The Miranda rights that we have all heard about on TV apply to juveniles as well as adults. There are additional safeguards in place that also protect juveniles. We have a recent podcast which discusses juvenile rights in detail.

Young people cannot be questioned by the police unless they have a parent or guardian or another responsible adult with them. Someone who is looking out only for the interests of the child. That adult’s job is to make sure that the juvenile understands the rights the police read to them, and that they understand what consequences waiving their rights could have for their future.  It’s wise to note here that many adults don’t fully understand the consequences of waiving rights so it is usually in everyone’s best interest to get an attorney involved immediately.

The first right that is read is that you have the right to remain silent. The best legal advice is to exercise that right. Stay silent and get an attorney. Let your attorney help you figure out the seriousness of the trouble and what the best course of action is. Learn more about what a criminal case involves here.

Contrary to what many people believe, if you end up with a juvenile record it can follow you for the rest of your life. A juvenile record can prevent you from a college education, can prevent you from entering the military, can prevent you from obtaining certain jobs or can prevent you from following some career paths. That juvenile record can stay with you forever.

If your child or another juvenile family member finds themselves in trouble with the law, get legal help right away. A successful outcome can save a child from a record that follows them throughout their entire life.

Contact us. Call or text Contant Law at 617-227-8383.

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What Does it Mean to Be Accused of a Title IX Violation?

Frequently, college students are informed that they have been accused of a Title IX violation and they have no idea what this means. A Title IX infraction is typically sexual harassment, assault, dating violence or stalking. Often the school administration makes the notification by email or by letter, but the accused is given little information about what exactly it is they have been accused of doing. The typical college student is also reluctant to tell their parents; and once the student is over 18, parents are not notified.

If you (or your child) is accused of a Title IX violation, it is critical to get advice immediately. Reach out to your parents, seek legal advice and get as much information as possible from the college about the exact nature of the complaint against you. You also need to learn what your rights are.

The Title IX process varies from school to school, based on that school’s written policies and procedures but you can read an overview of the general process here. It is key to have an experienced defense attorney working with you as an advisor to help you navigate this complex process. If the college finds you guilty of a Title IX violation, the consequences can follow you for the rest of your life, affecting your opportunities to finish college, prevent you from going to graduate school and it can even affect your job opportunities in the future.

If you are accused of a Title IX violation, don’t try to defend yourself alone. In order to help ensure that your life is not changed forever, you need to secure a proven criminal defense attorney to protect your rights. If you have been accused of a Title IX violation or need legal help of any kind, call or text us. Contant Law 617-227-8383.

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Juvenile Criminal Law: Helping Kids Navigate the Legal System

Children need to be protected, and if they get into trouble with the law, they need help, guidance and support. In our practice one of the areas where we specialize is juvenile criminal law. We view this as a very critical area of our practice. By helping the youngest and most vulnerable when they find themselves in trouble with the law, we can spare them from a record that follows them for their entire life. In addition, our youngest clients often learn an important lesson from the experience and make better choices going forward; which of course helps them become responsible, law-abiding members of society. Listen to our podcast on defending juveniles to learn more about how the process works.

Impulsive Decisions

Many cases involving juveniles start with a bad choice or impulsive decision, very natural behaviors for adolescents. We recently had a case where a young man and two friends decided to trespass on school property and break into a locker. It was nothing more than a prank to the boys. But when the school pressed charges our client came to us for help. Read more about the case here.

Family Obstacles

Occasionally, we have clients whose parents do not put their child’s best interest first. When we are faced with such situations, we work very hard to be sure the parents understand what their child needs from them. If they do not follow our advice, we devote our energy to seeking the best resolution we can get for the child. A recent case involved a ten-year-old girl accused of injuring her cousin. We were able to help her despite obstacles her family put in the way. Read more about the case here.

If your child or another juvenile family member finds themselves in trouble with the law, get them legal help right away. Having an advocate in your court can make a huge difference to the outcome of the case. A successful outcome can save a child from a record that follows them throughout their entire life. If you or someone you know finds themselves in legal trouble, contact us. Call or text us at Contant Law 617-227-8383.

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