What will happen in my Mass DUI case? You get arrested for a DUI in Massachusetts and are worried what may happen to your case. If you get handed a complaint you may stress out when you find out that you are facing a potential jail sentence of 2 ½ years. The first thing you need to know is that every case is different and your lawyer needs to weigh several factors prior to giving you any sound advice. Be wary of any lawyer that promises you 100% guarantee of a certain result. Even after weighing all the factors a lawyer can only give you what he thinks will probably happen, therefore, any lawyer promising a 100% result is probably one that you want to stay away from. Here are three important factors out of many more that any good lawyer will take into account.
The first factor that a lawyer needs to assess is the severity of the case. One of the most important factors that the prosecutor or the judge will look at in any Mass DUI case is the severity of the facts. The police report is an important part of the analysis. Even though the police report may be inaccurate or exaggerate what really happen, the prosecutor and the judge will use the police report. Therefore, it is important that you take the police report seriously. The prosecutor will also take any injuries to victims very seriously. As you can imagine, if your Mass DUI case results in the death of any victim, you are facing much more severe penalties than if there were no injuries.
The second factor is your past criminal record. You may think it is unfair and unreasonable that the prosecutor and the judge to use your past against you in your Mass DUI case. However, in any criminal case, your record will have a huge bearing on the penalties that you will face especially in DUI cases. If you had a continuance without a finding or guilty finding on a DUI in the past, you are now facing a second or subsequent offense. If you are facing a DUI second or subsequent offense your penalties will be tougher than facing a fist offense.
The number of charges you are facing. Aside from facing the DUI charge, you may also be charged with other crimes. Many DUI offenders also get charged with negligent operation, leaving the scene of property damage or reckless endangerment. Each charge comes with its own potential penalties. Therefore, the more charges you face, the more jail time you can end up having.
Prior to going to court you should go and talk to a lawyer. Your lawyer needs to start working on your case right away. After weighing all the factors, your lawyer will be in a much better position to give you quality advice. It is important to be honest and thorough with your lawyer.