When a vehicle is stopped and does not have valid insurance, the police will likely give the operator a Massachusetts Uniform Citation and will also tow the vehicle. The vehicle will not be released from the tow yard until it is insured and registered with the Massachusetts Registry of Motor Vehicles.

While this offense is a misdemeanor, it still is a criminal charge. The operator will be summonsed to court on an Application for a Criminal Complaint. As a result, it is often best to contact an experienced Massachusetts Criminal Attorney to discuss the case in order to prevent not only a criminal record, but also an insurance increase and potential license suspension.

Contact Caselden Law to speak with an attorney about your Criminal Citation. Our firm offers free of charge initial consultations and also offers flat fee legal services for the defense of the citation in District Court or the Boston Municipal Court.

Contact our office via the contact form or call us at (617) 863-6447 for a no obligation quote, free of charge.

Assault and Battery

When the police are called to a location where a possible assault and battery may have taken place, the occurrence frequently results in an individual being charged with a crime. Depending on the allegations, the police may make an arrest or, in the alternative, the police may seek an arrest warrant in order to take the accused into custody. Another, albeit less frequent result, is that the accused will receive a summons to court for an arraignment on the charge of assault and battery.

Assault and Battery Arraignments in Massachusetts District Court

Once an arrest has been made, the accused will be brought to court for an arraignment. An arraignment is the first appearance in court on criminal charges in Massachusetts.

What Should I Expect at an Arraignment for Assault and Battery Charges?

When a defendant is arraigned in Massachusetts District Court, the court will consider and determine the following:

• Bail Amount
• Stay Away / No Conact Order
• Dangerous Detention
• Next Court Appearance Date
• Appointment of Counsel and / or a Assign a Later Date so that the Defendant may Hire an Attorney

Defending Assault and Battery Charges in District Court

When facing Assault and Battery Charges in Massachusetts, the case must be handled with the utmost care. Whether the defendant chooses to hire an attorney or accept a public defender, legal representation almost certainly makes an enormous difference in the outcome of the case. Assault and battery charges often have an immeasurable impact on one’s future and must be handle appropriately by competent counsel.

An experienced Massachusetts Criminal Defense Attorney will defend their client throughout the entire process. From minimizing the impact on the client while the case is pending, all of the way through possible trial, every legal avenue must be explored. In addition, the details of police action must be scrutinized an challenged.

Flat Fee Assault and Battery Lawyer in Massachusetts

At Caselden Law, our firm has obtained outstanding results for client’s charged with assault and battery in District Courts throughout the Commonwealth of Massachusetts.

Our firm offers free of charge intiail consultations. In other words, we provide a clear, no oligation quote to anyone facing charges of assault of battery.

If you have been charged with assault and battery in Massachusetts, our firm is ready to discuss the case and to provide a quote for legal representation. Contact our firm anytime for a free of charge case quote. We may be reached by filling out the contact form on our website or by calling our offices directly at (617) 863-6447. You will be connected to an attorney.

How do I Know if I am Being Charged with a Crime for Not Having Insurance?

Generally, if a driver is stopped in a vehicle that does not have an active insurance policy on record with the RMV, the police will issue a Massachusetts Uniform Citation. The citation will list the criminal violation of Uninsured Operation of a Motor Vehicle. In addition, the police will tow and impound the car under most circumstances.

On the Uniform Citation, the police officer or State Trooper will mark the “crim” box. The citation also contains instructions for requesting a criminal clerk magistrate hearing on the application for a criminal complaint.

The recipient of the criminal traffic ticket must file the citation with the applicable district court within 4 days in order to receive a clerk magistrate hearing. If the citation is not filed with the District Court, the case may skip the clerk magistrate level and will be scheduled for an arraignment. Speaking with an attorney about your situation as soon as possible is highly recommended for this reason, among others.

What if I Didn’t Know that My Insurance Had Lapsed?

Even if you were unaware that your insurance had lapsed, you may still be given a citation and receive a summons to appear in District Court for a misdemeanor criminal offense. Often times, a driver has a brief lapse in insurance. When the insurance is renewed, the proper documentation may not have been appropriately updated in the Massachusetts Registry of Motor Vehicle’s system.

Under these circumstances, a driver must still address the citation in criminal district court. Defendants are entitled to have legal representation during all stages of the process.

What if I Actually Had Insurance When I was Stopped?

Occasionally, the RMV system will not be appropriately updated – particularly if there was a brief lapse in insurance. If the appropriate form was not filed with the Massachusetts Registry of Motor Vehicles following an insurance lapse, the vehicle’s registration may also be suspended. This issue may result in an additional violation – Operation of a Motor Vehicle with a Revoked / Suspended Registration.

Under these circumstances, driver’s may be completely unaware of the situation. Nevertheless, the police generally must tow the vehicle and issue a criminal citation if the RMV shows that the vehicle is not properly insured. Thus, the driver must go through the criminal court process in order to resolve the matter.

Defending Uninsured Operation of a Motor Vehicle Charges in Massachusetts

When defending criminal charges in Massachusetts District Court for Uninsured Operation of a Motor Vehicle, it is important to handle the case with the utmost care in order to avoid potential long lasting negative impacts.

At Caselden Law, we strive to protect our clients’ criminal records and ability to maintain a valid Driver’s License. Our firm has been very successful in handling these charges in District Court. We aim to avoid having the charges appear on our client’s employment and academic background checks by resolving the case prior to charges issuing, when possible.

Fixed Fee Uninsured Operation of a Motor Vehicle Criminal Defense Lawyer

Our firm handles charges of Driving without Insurance on a Fixed Fee Basis. Furthermore, our firm offers free and confidential case quotes to those interested in learning more about the cost and process of criminal defense representation. For this reason, our firm is available to speak with you about your case and provide you with a quote without any commitment or legal fee.

During the initial phone consultation, a Massachusetts Attorney will discuss the outline of your case as well as the process. The lawyer will also provide you with a quote for representation should you wish to proceed. There is no cost for this initial consultation.

Contact Us today to receive a free of charge case quote at (617) 863-6447 or by completing the contact form below:

Recently, the Massachusetts Registry of Motor Vehicles (RMV) has been mailing notices of License Suspensions to Massachusetts drivers for “Careless Operation” tickets in other states. When a driver holding a Massachusetts License is convicted of Careless Driving out-of-state, the Registry of Motor Vehicles may impose a 60 day license suspension under Massachusetts General Law Ch. 90 Sec. 22c. Frequently, these cases arise out of citations issued by Virginia, North Carolina, and New Jersey.

Example: A Massachusetts Driver is issued a “Careless Operation” ticket while driving in New Jersey. The driver pays the New Jersey Citation as it does not seem to carry major penalties in New Jersey. The driver subsequently receives a letter in the mail from the Massachusetts RMV notifying the driver of a 60 day license suspension in Massachusetts for “M81 – Careless / Improper Driving / New Jersey.” The individual must now take action to reinstate his/her license through the Massachusetts RMV.

Under M.G.L. Ch. 90 Sec. 22c, the RMV will impose the penalty for a Careless Operation ticket as if it was received in Massachusetts – which carries a mandatory 60 day loss of license. It is also possible to receive a Suspension Notice from the Massachusetts Registry well after the out of state citation was issued.

Those facing a license suspension for an out of state careless operation ticket should request an appeal with a Hearings Officer at the RMV. At an appeal hearing, drivers are entitled to be represented by a lawyer. If a driver is represented by a lawyer, the attorney will be able to present evidence and make arguments on their behalf during all stages of the RMV appeal process.

Appealing an Out of State Careless / Improper Driving Suspension in MA

Massachusetts Drivers who have had their right to operate a vehicle suspended as a result of an out of state careless operation citation may appeal the suspension to the Massachusetts Registry of Motor Vehicles.

Suspensions in Massachusetts for out of state violations are first appealed to a Hearings Officer at the Registry of Motor Vehicles. If the suspension is not modified or removed at the first hearing, the decision may be appealed to the Division of Insurance Board of Appeals. The Board of Appeals is a 3 person Board that hears appeals from the RMV Hearing Officer level.

Depending on the specific circumstances of the suspension, a variety of legal avenues may be available to modify or avoid the suspension. The RMV makes all determinations on a case by case basis and are very fact dependent. Having an experienced attorney present your case is often invaluable to those facing a possible license suspension.

Massachusetts RMV License Suspension Lawyer – Flat Legal Fees

At Caselden Law, we specialize in handling RMV license suspensions. Our law firm has successfully handled numerous cases involving Massachusetts License Suspensions resulting from out of state careless operating citations. Our Boston RMV Lawyers are well versed in the laws pertaining to license suspensions and will work tirelessly to correct our client’s license issue.

Contact our office today to receive a free of charge no obligation quote for representation. We handle all RMV matters on a flat-fee basis.

Contact Us for a Free and Confidential Case Quote. We Handle All RMV Cases on a Fixed Legal Fee Basis.

In Massachusetts, if the Registry of Motor Vehicles (RMV) intends to suspend or revoke a driver’s license, the RMV will send a letter in the mail notifying the recipient of a “Suspension of Driver’s License / Right to Operate.”

The notice will inform the operator of the violations that lead to the suspension, the start date of the suspension, and the length of suspension. Generally, a driver’s license suspension will take effect 10 days after the issuance of the letter from the RMV. Thus, individuals facing a license suspension may have little or no advanced notice of the effective date of the revocation.

Why is My License Being Suspended in Massachusetts?

The RMV may send a notice of a pending license suspension for a number of reasons. Frequently, a drivers license will be suspended for an accumulation of moving violations or convictions of certain crimes. In addition, the RMV has recently been suspending licenses of individuals that were convicted of crimes or violations well in the past, yet the suspensions were not served in Massachusetts.

Some of the more common situations that result in the RMV generating a suspension letter include:

• Accumulation of Surchargeable Events
• OUI Convictions in Massachusetts
• Out of State OUI Convictions
• Convictions on Certain Out Of State Tickets (Including Careless Operation)
• Criminal Convictions
• Breathalyzer Refusals
• Breathalyzer Failures
• Interlock Device Violations
• Habitual Traffic Offender Designations
• Junior Operator License Violations
• Immediate Threat Suspensions

How Do I Appeal a License Suspension through the RMV?

A License Suspension may be appealed in person through a Hearings Officer at the Massachusetts Registry of Motor Vehicles. Depending on the nature of the suspension, a driver may be requesting to have the suspension removed or to be issued a Hardship License while the suspension is in effect.

If a Hearings Officer does not amend the suspension, drivers have the ability to appeal the decision of the Hearings Officer to the Division of Insurance Board of Appeals. After an appeal is filed, the Board of Appeals will schedule a further hearing date on the matter. The Board may overrule the decision of the RMV Hearings Officer.

Can I be Represented by a Lawyer at an RMV Hearing in MA?

Driver’s facing possible license suspensions through the Massachusetts RMV are entitled to be represented by an attorney at both the Hearings Officer and Board of Appeal level.

Having an experienced RMV Lawyer presenting your case to a Hearings Officer or the Board is often invaluable. In addition to presenting your case to the RMV, an attorney will closely examine the circumstances surrounding the suspension in order to achieve the best possible outcome.

Flat-Fee Massachusetts RMV Lawyer

At Caselden Law, we handle all RMV suspension appeals on a fixed fee basis. We understand the pressing need for legal representation when facing a license suspension and are available to our clients on short notice.

If you have received a “Suspension of Driver’s License / Right to Operate” letter from the RMV, Contact Our Firm to speak with an experienced Boston RMV Lawyer about your case. All initial consultations and phone calls are free of charge. We will clearly explain the process and will provide you with a fixed fee quote for legal services.

Contact Us for a No-Obligation Fixed Fee Quote.

Under Massachusetts Law, driving with an expired license is classified as a misdemeanor criminal offense. Therefore, it is important to take the matter seriously in order to avoid any future issues on employment background checks and to protect your ability to legally operate a car in Massachusetts.

What Happens if I am Caught Driving with an Expired License in Massachusetts?

If the police stop a driver with an expired license, the police will frequently tow the vehicle and will also issue the operator a Massachusetts Uniform Citation for Unlicensed Operation of a Motor Vehicle.

This type of traffic ticket is considered a criminal citation. Once a criminal citation is issued by the police, swift action must be taken. Under Massachusetts Law, in order to have a “Clerk Magistrate Hearing on an Application for a Criminal Complaint,” the driver must file the citation in the applicable District Court within 4 days. If the citation is not properly filed, the case may go straight to the judge for an arraignment.

Since action must be taken within 4 days, it is highly recommended that drivers cited for unlicensed operation contact a Massachusetts Criminal Traffic Ticket Attorney as soon as possible to discuss the case.

What Are the Penalties for Driving with an Expired License in Massachusetts?

Under Massachusetts Law, Driving with an Expired License is considered a misdemeanor offense. Possible penalties for driving with an expired license include jail time, fines, a criminal record, and a Driver’s License Suspension.

At Caselden Law, we are frequently able to avoid the above potential penalties for our clients. If handled properly, these charges may be addressed and resolved in a way that avoids having a criminal record and license suspension.

Flat-Fee Traffic Citation Defense Lawyer

We handle all criminal traffic citations on a Fixed-Fee Basis. As a client of our law firm, we will fight to avoid the long lasting impacts that often occur if a person has a charge on their criminal record. Through our extensive knowledge of the traffic court system, we fight to achieve the best possible outcome for our clients. We are mindful of the criminal background checks conducted by employers and will seek to keep the charge from appearing on future criminal background checks.

Contact Us for a no-obligation flat fee case quote. All initial consultations are confidential and free of charge. Fill out the form below for a quote or contact us directly at (617) 863-6447.

Fixed-Fee Legal Representation. Contact Us for a No-Obligation Case Quote.

Under Massachusetts Law Chapter 90 Section 23 and Chapter 90 Section 3, if a person has resided in Massachusetts for an extended period of time and drives without a valid driver’s license, the police may charge that person with “Unlicensed Operation of a Motor Vehicle.”  Unlicensed operation is a misdemeanor criminal offense which will be heard by a District Court. Depending on the personal circumstances of the operator, the police may issue a Criminal Uniform Citation to a driver who has an international driver’s license, but does not possess a valid U.S. Massachusetts license.

Massachusetts Uniform Citation for Unlicensed Operation

If the police have probable cause to believe that the driver of a vehicle does not have a valid driver’s license in Massachusetts, the police will issue the driver a Massachusetts Uniform Citation for Unlicensed Operation of a Motor Vehicle.

Once a Massachusetts Uniform Citation is received, swift legal action is necessary. Unlike a civil speeding ticket, a traffic ticket listing a criminal offense must be filed in the applicable District Court within 4 days in order to request a Clerk Magistrate Hearing prior to arraignment. If action is not taken, the case will be immediately scheduled for an arraignment.

At Caselden Law, we understand the immediate steps that need to be taken in order to minimize the impact of being charged with a crime in Massachusetts. We will take action immediately after being retained and will clearly explain the necessary steps to avoid a criminal conviction and license suspension.

Unlicensed Operation Charges with Foreign Driver’s Licenses

If a non-resident has been living in the Commonwealth for an extended period of time, he or she will be required to obtain a Massachusetts Driver’s License. Therefore, it is possible for an individual with a valid foreign or international driver’s license to be charged with Unlicensed Operation if they did not obtain a license from Massachusetts.

As a client of Caselden Law, we understand the uncertainty and anxiety involved when individuals are charged with a criminal offense in the United States. Our firm is mindful of the immigration consequences of criminal convictions and have successfully handed numerous cases throughout the state involving unlicensed operation citations and foreign drivers.

Flat-Fee Massachusetts Unlicensed Operation Citation Defense Lawyer

At Caselden Law, our criminal defense law firm handles all unlicensed operation cases on a flat-fee basis. Our clients are clearly informed of the cost of representation up front and are provided top quality representation during every step of the process.

Contact our firm to speak with an experienced Massachusetts Unlicensed Operation Defense Lawyer about your case. All initial consultations are free of charge.

When a college or university student is charged with a crime or other violation of a school’s Code of Student Conduct, the academic institution will initiate Disciplinary Hearings to determine whether a violation took place and, if so, the appropriate punishment.

College students may find themselves facing a disciplinary hearing for many reasons – ranging from criminal charges brought by the police to disagreements between students. If the situation involves both a criminal charge and a school disciplinary action, the issue must be addressed both with the court and the academic institution.

Procedures for Disciplinary Hearings for Student Conduct Violations in Massachusetts

Unlike the court process, college disciplinary hearings do not follow the usual rules of evidence. Each college generally has their own policy and procedure for handling disciplinary matters. The hearing procedures are outlined in a school’s student handbook. These hearings often involve a board or panel which hears the matter and ultimately makes a decision on the degree of punishment that should be handed down.

If a student is found to have violated the student code of conduct, punishments range from minor conditions to school suspensions / expulsions.

Can I Bring a Lawyer to My School Disciplinary Hearing?

Every school allows a student who has been accused of a violation of the student code of conduct to seek legal advice and guidance from an attorney as to how best defend the accusations. Whether the university allows an attorney to be present at the scheduled hearing depends on the policies adopted by the specific school. Many schools allow student’s to have an attorney present at these hearings, while others do not.

Having legal representation while facing a college disciplinary hearing or criminal charges is extremely beneficial. An attorney will gather all of the necessary evidence and will craft an argument that is tailored to the specific accusations being made.

College Student Code Violation Defense Lawyer

At Caselden Law, we understand the enormous impact of facing disciplinary action while enrolled in college. As a client of our firm, we will defend you on all fronts. Whether there is a pending Massachusetts District Court criminal case or not, a disruption in academics alone often has long lasting repercussions.

Our firm works tirelessly to ensure that our clients receive the best outcome possible and the least amount of disruption to their academic pursuits.

If you are facing disciplinary action at your college or university, contact Caselden Law to receive a free fixed-fee quote for representation.

CONTACT OUR FIRM FOR A NO OBLIGATION FLAT-FEE QUOTE FOR REPRESENTATION

Under Massachusetts Law, a District Court may grant a defendant what is known as a “Hearing on an Application for a Criminal Complaint.” These criminal complaint hearings are held before a Clerk Magistrate in the applicable courthouse. Criminal Clerk Hearings are only available when facing certain charges or when a defendant has not been arrested.

If the police wish to file criminal charges, they may do so in the following ways:

1. Arrest;
2. Issue a Massachusetts Uniform Citation with the “Crim” Box Checked Off;
3. Mail a Summons for a Clerk Magistrate’s Hearing on an Application for a Criminal Complaint.

In order to be heard at a Clerk Magistrate Hearing, the accused must take swift action. If a criminal citation has been issued by the police, the accused must request a Hearing on the Criminal Complaint Application through the applicable Clerk Magistrate’s Office within 4 days of receiving the ticket.

Criminal Traffic Citations

Most misdemeanor traffic offenses result in the issuance of a Criminal Uniform Citation. A ticket for a criminal infraction will have the “crim” box checked off next to the offense charged. In addition, criminal traffic citations will be marked “Criminal Application” on the line above the police officer’s signature.

Some of the more common criminal motor vehicle offenses include:

• Unlicensed Operation of a Motor Vehicle
• Driving to Endanger
• Leaving the Scene of Property Damage (Hit and Run)
• Negligent Operation
• Expired Registration
• Expired Insurance
• Driving with a Suspended Driver’s License
• Attaching Plates

When a Criminal Ticket is issued, it is imperative to seek legal advice immediately as action must be taken within 4 days at the applicable District Court.

Summons in the Mail for Clerk Magistrate Hearing on an Application for a Criminal Complaint

Once the charges have been filed, the court will mail the defendant a “summons.” The summons notify the accused of the scheduling of the Clerk Magistrate Hearing on an Application for a Criminal Complaint.

This Clerk Magistrate Hearing takes place prior to arraignment. Often times, a skilled criminal defense attorney will be able to get the case dismissed at the Clerk level. If the case is not dismissed by the Clerk Magistrate, the court will set the case up for an arraignment before a judge.

Those summonsed to appear for a criminal complaint hearing may bring an attorney to present their arguments. Given the nuances of these types of legal proceedings, it is often enormously beneficial to have representation at the Clerk Magistrate Hearing.

Flat-Fee Criminal Complaint Defense Representation

At the Massachusetts Criminal Defense Law Firm of Caselden Law, we have successfully defended hundreds of clients at Criminal Complaint Hearings in courthouses throughout the Commonwealth.

As a client of Caselden Law, your Boston defense attorney will zealously argue on your behalf at the Clerk Magistrate Hearing. Through legal knowledge, preparation, and experience, our firm will explore every avenue available in order to achieve the best possible outcome.

Our firm handles all criminal application hearings on a Flat-Fee Basis. Contact Us today to receive a free of charge case evaluation and flat-fee quote.

Local and State police have begun to train officers and troopers on identifying drivers operating after smoking marijuana. Since there is no accepted roadside testing device for THC, much of the procedures used by the police involve an evaluation of the driver for signs of impairment.

If the police find probable cause that the driver is impaired and under the influence of marijuana, an arrest may be made. Usually, the police charge those suspected of driving high with “OUI – Drugs.”

Arrests for OUI Marijuana

Following an arrest for OUI Drugs, the case will next proceed to an arraignment. At the Arraignment, the District Court Judge will enter a plea of not-guilty and will usually set the case for a pre-trial conference date. If there is a question of bail, the judge will hold a bail hearing.

The laws pertaining to drugged driving in Massachusetts are quickly evolving. When facing OUI Marijuana charges, it is important to have an experienced Massachusetts Criminal Defense Attorney by your side during every stage of the process.

Defending OUI Drug Charges in Massachusetts

As a client of Caselden Law, your Boston Defense Attorney will closely evaluate every piece of evidence in order to achieve the best outcome possible. We will challenge any evidence which may be inadmissible and will zealously advocate on your behalf throughout the court process.

At Caselden Law, we handle all OUI Marijuana cases for a fixed legal fee. Contact Our Law Firm to speak with a Drugged Driving Defense Lawyer about your case and receive a no obligation free of charge case quote.

CONTACT OUR FIRM FOR A FREE CASE EVALUATION AND FLAT-FEE QUOTE