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Courts will be open, but primarily to deal with emergencies. Matters will be addressed via teleconferences or video conferences. Final decisions in all types of legal matters may be held at bay for months.

As an alternative, parties in civil matters, family and domestic relations matters, such as divorce, modifications, custody and support actions have an alternative. They and their attorneys can seek an alternative to pursuing their remedies in court. The alternative is attorney assisted mediation and arbitration. There are many arbitration services in which by agreement the parties can litigate their dispute of legal matter to a final resolution, often for less than the cost of litigating the matter in court.             

If you have a legal matter of any type that has been delayed or interrupted, contact us so we can determine if there are viable alternatives to pursing your important legal matter in court, or suffering by court closures and uncertain delay.  Our attorneys can also act as experienced neutrals should you desire our services in mediation matters.

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Passed in October 2005, the statute was designed to make it easier to prosecute repeat OUI offenders. This automatically makes the penalties for driving under the influence more severe, particularly for those who have been caught driving drunk before.

The Consequences of Melanie’s Law and an OUI Charge

The Law has had a very harsh effect on drivers throughout Massachusetts. According to the Massachusetts Registry of Motor Vehicles, here are some things to know about repeat OUI penalties under Melanie’s Law:

Driving Restrictions will be Enforced

• In Massachusetts you can have a 15-day temporary license when you’re charged with a driving offense, but Melanie’s Law eliminates that allowance. In addition, the operator’s vehicle will be impounded for 12 hours.
• Melanie’s Law has defined the penalties for allowing or employing an unlicensed driver (including relatives, friends, or known acquaintances) to operate a Motor Vehicle. It is now a violation to knowingly employ an individual with a suspended license as a motor vehicle operator.
• The license suspension periods for refusing a chemical test have significantly increased as well. This was apparently done to coerce drivers into taking the breathalyzer.

Ignition Interlock Device

• Any driver with more than one OUI offense can qualify for a hardship license or reinstatement of a suspended license, but he/she would be required to have an Ignition Interlock Device in his/her vehicle. This is a breathalyzer device that requires you to use before starting the car. Any blood alcohol reading greater than .02 will prevent the vehicle from starting. This device would be at the driver’s expense, and mandatory for the lifetime of the hardship license.
• It is against the law not to comply with the Ignition Interlock Device restriction, and failure to comply could result in a license revocation from 10 years to life. Once an interlock device registers alcohol, you are usually “guilty until proven innocent” and the Registry will likely call you in for an interlock violation hearing. If you fail to appear or lose at the hearing, your license will be suspended for at least 10 years up to a lifetime. Given this stiff penalty, you should absolutely be represented by an attorney.

Your charges if you are caught again

• Melanie’s Law establishes a new offense of Operating Under the Influence of Alcohol while on a license suspended for Drunk Driving. This means that a driver, who was driving under the influence of alcohol while his/her license was already suspended for OUI, can be charged with two crimes at once: 1.) OUI and 2.) OUI with a suspended license. This additional offense carries a minimum of a 1-year mandatory jail sentence and a 1 year license suspension.
• Melanie’s Law creates a new crime of Operating a Motor Vehicle Under the Influence of Alcohol With a Child 14 Years of Age or Younger in the Vehicle. This means that a driver can be charged with two crimes at once: 1.) OUI and 2.) Child Endangerment While OUI.
• Melanie’s Law allows the Registry to cancel the registration plates of anyone convicted of a 3rd or subsequent alcohol-related driving offense for the duration of the suspension period.
• If you are caught on a 4th OUI charge or anything beyond, you can be forced to forfeit your vehicle by the state.
• Melanie’s Law creates a new crime of Manslaughter by Motor Vehicle. Any driver who commits manslaughter while operating a motor vehicle while under the influence of alcohol or drugs shall be convicted of Manslaughter by Motor Vehicle.
• Melanie’s Law increases the length of license suspension from 10 years to a minimum of 15 years for a conviction of Motor Vehicle Homicide.

An OUI can have major consequences. More than one, particularly with the Melanie’s Law statute in Massachusetts, can be even more serious. If you’re facing an OUI, or a repeat offense, don’t delay on contacting a lawyer to represent you immediately.

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Keep your answers short and concise.

Oftentimes, witnesses add in extra information, that’s not necessary or relevant to the question. This information can sometimes turn out to hurt the witness’ case. If you are asked your name, your answer should be “John Smith.” You should not say “My name is John Smith, I’m 24 years old, I live in Worcester, and I had oatmeal for breakfast.” Keep in mind that your own attorney can ask you questions after the other attorney has stopped, if he/she feels that there is some important testimony that should be put on the record.

Don’t guess.

If you don’t specifically recall something it is always better to say, “I don’t recall” and stop, rather than saying “Well I think that…”, and offering some possible response that you’re not sure of.

Don’t answer questions you don’t understand.

You always have the right to ask the questioner to repeat or rephrase a question if you’re not sure what was asked, or you simply don’t understand what the questioner said.

Don’t try to “outfox” the questioner.

Many witnesses, especially those not fully prepared, assume that they should try to beat the questioning attorney at their own game. They try to think several questions ahead and worry how their answer might harm their case. The end result is that a witness comes across sounding like they are lying or being evasive. Usually the information a witness is trying to omit comes out anyway- so don’t try to hide it! You are always better off answering  the specific question directly and truthfully, rather than trying to give evasive or hostile responses.

Attorneys use depositions in civil cases as critical tools for establishing the facts and winning your case, either at trial or through settlement. At O’Connor and Ryan, our attorneys have extensive trial experience, and we’ve taken and defended thousands of depositions over the years.

We fully prepare and protect our clients in any deposition where they are the witness. In addition, we look at all potential witnesses that we should question in your case, and thoroughly question the opposing party, or third party witnesses, in depositions as well.

For more on Depositions, click here.

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Because cars and other motor vehicles are more powerful than bicycles and pedestrians, the responsibility tends to fall – unfairly – on those on the street to play it safe and avoid collisions. But at an intersection, a bicyclist has the right-of-way against a car coming in the opposite direction and making a left-hand turn. Many times, motor vehicles ignore rules of the road and end up being the root of the cause of these accidents.

If you have been injured in a bike accident, call us. O’Connor and Ryan has extensive experience handling personal injury matters, and Attorney Ed Ryan also happens to be an avid cyclist as well. We will stand up for your rights and ensure you have the opportunity to pursue the personal injury claim you are entitled to.

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Many factors go into a ruling from a judge on who gets what, how much they get, which parent is awarded custody of children. Experienced family law attorneys will help you navigate these complexities and provide valuable advice as to your issues and how to best resolve your case.

Most family law cases are settled outside of court either through mediation or negotiation. This means that a judge is not the deciding party; couples can arrive at a reasonable agreement with the help of an attorney.

Even afterwards, the terms of a settlement can continue for years, and sometimes terms need updating due to new legal guidelines or your life circumstances. Expert legal advice is required to best protect your rights well into the future.

Do you have questions about your divorce? In need of legal counsel related to another family law matter? Contact O’Connor and Ryan today for a consultation.

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You will want an attorney experienced in these types of claims who will help you retrieve money according to your rights. This is especially because insurance companies do not make voluntary payments: The monetary amount they offer may fall far short of the amount you are entitled to. When hiring an attorney, make sure you ask about prior experience with personal injury. Sites like Avvo, FindLaw and Martindale Hubbel can help you search for a lawyer in your area with the right experience.

The attorneys at O’Connor and Ryan, P.C. have recovered millions of dollars for clients injured in car accidents and other personal injury claims, including civil rights actions.” Contact us for a consultation.

If you’re interested in more about personal injury, you can learn more about these types of legal claims and proceedings on our webpage here.

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Here’s an example: A simple drug possession conviction may result in the loss of your driver’s license, but it could also impact your ability to obtain employment or to obtain a student loan. If you are not a United States citizen, a criminal conviction could even affect your immigration status.

Do not waive your right to an attorney. An attorney or lawyer can assist you if you’re facing a criminal conviction by arguing for lesser or alternative sentence, helping to expunge your record, and ensuring you get the fair and timely trial you are entitled to. This is especially true if you are facing charges that you have not committed.

You should always hire an attorney. If you cannot afford one, the court will appoint an attorney on your behalf. Facing a criminal charge? Don’t Wait! Contact O’Connor and Ryan for a consultation today.

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I am often asked controversial questions about my role as a criminal defense attorney. How can I represent someone who I know to be guilty of the crime with which they are charged? What if they’re charged with a particularly heinous crime? My duty as a criminal defense attorney is to protect the constitutional rights of Americans. Here are some of the reasons that is so important.

Firstly, anyone charged with a crime, whether it is a minor crime or a brutal crime, is presumed to be innocent and is entitled to be represented by a competent attorney whose sworn duty is to zealously defend the individual within the bounds of the law. That attorney’s role is to hold the government true to its obligations; ensuring all evidence is acquired lawfully, and only that lawfully obtained evidence is presented in court. For example, if there was a confession or admissions of guilt, that evidence must have been obtained legally.

If the evidence was obtained illegally, by compulsion, force or other illegal means, then that evidence may not be admitted against a defendant. If the evidence was obtained in violation of a person’s right against unlawful search and seizure, it is not admissible in court and cannot be used to convict a person…even in the case of a brutal crime. It is the attorney’s role to examine all the facts and assert whatever legal arguments are appropriate to protect the rights of an accused—this puts checks and balances in place to ensure the government does not have the un-restrained power to illegally obtain evidence in order to secure a conviction.

Even when representing guilty parties, a criminal defense attorney protects the rights of all citizens from illegal government activity and upholding the constitutional guarantees for all citizens.

To convict any person of a crime, it is the government that bears the burden of showing proof of guilt beyond a reasonable doubt. This is inherent in the constitutional motto of ‘innocent until proven guilty.’ An attorney’s job at trial is to make sure the evidence that is presented against an accused is reliable and admitted according to constitutional rules.

All in all, we as Americans are granted constitutional guarantees, and just because a crime is particularly brutal or heinous, we must continue to uphold that right for our citizens. It is my role, and the role of criminal defense attorneys everywhere, to ensure that is the case. Each time an attorney represents an accused that attorney is working to protect everyone’s rights as US citizens.

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These following personal injury terms can form the basis of a financial claim after a car accident:

• If you have your own car and are insured you have a right to collect lost wages and medical bills under your own insurance policy up to a limit of $8,000.
• If the accident was caused by a third person and you were injured, suffering a fracture, permanent disfigurement or have medical bills for treatment that exceed $2,000 you have the right to make a claim against the person or persons who caused the accident.
• If that person was driving a vehicle that they did not own at the time of the accident, you may be able to recover from both the owner of the vehicle involved in the accident and the person who was driving the vehicle and caused the accident.

In some cases the person who caused the accident, or the owner of the vehicle, or both, has either no insurance, or there is not enough insurance to cover the cost of your entire claim.  In that case you may be able to recover money under your own insurance policy if you purchased underinsurance coverage.

Determining what your rights are can be confusing and you will need help navigating through the complex insurance and claims issues.  We have helped thousands of people recovery hundreds of thousands of dollars for injuries sustained in accident claims.  If you have been injured in a car or motor vehicle accident, or in any other type of accident, call us or send us your case below.

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