The question races through everyone mind that’s ever been in this situation. You got arrested and you don’t know what to do. Call Patrick T. Donovan as soon as you can to get him working on your case. Time can work against you if you don’t have expert legal representation and you deal with police on your own. Patrick T. Donovan knows the police procedures and the court procedures. After all, he was a Prosecutor himself. Patrick T. Donovan He knows what to look for to help your case to the best possible result.

Bail

Most people charged with Operating Under the Influence (OUI) will be bailed out in police station. The fee to bail commissioner is currently $40 that is not returned to the person. Normally the bail commissioner will release you on your promise to appear in court. That is call personal recogniticion. The police must call the bail commissioner unless there is an unusual situation. Be aware that everything said in jail is being listened to by someone. Try not to speak.

Laywer

The best time to contact a lawyer is as soon as possible. If you can call a lawyer during the stop or from the police station that is great but many people cant do that. After getting out of the police station the search for a lawyer should begin. the sooner an experienced lawyer get working the sooner you can be well advised. An experienced lawyer can begin to ask the prosecution for evidence and do his own investigation. Also, if you refused the breathalyzer test you only have 15 days to appeal your refusal. Once the time period has expired nothing can be done.

Arrive at Court

Most people will be ordered to appear in court the next morning. If you get arrested over the weekend then you will probably be ordered to go to court on Monday. The day and time you have to go to court will be given to you on you bail form. You must get to court on time if not early.

When you get to the courthouse, you must check in at the Probation Department. There you will fill out what is called an intake form. It will get all of your biographical information. It is done to confirm your identity and to provide the judge and the prosecutor with your record. Even if you don’t have a record the judge must know that.

Arraignment

The arraignment is where someone is formally charged with a crime. It is also a chance for the prosecution to ask for bail. A bail request could either be in the form of money or in conditions of release. Conditions or release would typically be for one to remain drug and alcohol free with random tests. Normally there is no request for more bail on first offenses OUI charges. However the prosecution can ask for money or conditions on any arraignment.

The purpose of bail is to ensure someones appearance at the next court date. That is why it is very important to arrive to court early on the day of your arraignment. If you are there early it will help your argument to keep the bail the same.

Pretrial

A pretrial hearing or conference is schedule on the day of arraignment. It is a chance for the prosecutor and the defense attorney to exchange discovery. It is also a chance for the defense attorney to make sure he has all the information he is going to need to try the case. Remember, if there is a police report or if there is pictures or a 911 tape your lawyer is entitled to get a copy.

At any stage of the proceedings you could tender a plea on the case. You will see a lot of pleas in the pretrial session.

Motion

If your rights have been violated then your lawyer can ask for a motion. A motion can be to dismiss the case, suppress the stop or limit certain evidence. Motions can be done in to ways either evidentiary meaning there is live testimony or by argument. It depends on the type of motion.

Trial

A trial in Massachusetts can be either a bench or jury trial. A bench trial is where the judge hears all of the evidence, decides all questions of law, determines guilt and imposes a sentence. A jury trial in the District court consists of 6 people randomly selected from the community. They are the one that have to determine guilt. All six must be unanimous. All six must think either guilty or not guilty.

Return of Bail

Once your case is over, or disposed of any bail other than the $40 fee will be returned to the person who posted the bail.

Reinstatement of License

If you are found not guilty your lawyer can ask the judge to reinstate your license. It has to be done in writing and the judge must sign the motion. If the judges allows the motion then the RMV must reinstate the license.