Not a good move: Listening to everyone, but your lawyer


Generally, people who are charged with a crime are concerned and want to know what is going on at all times.  The problem arises when a defendant chooses to talk to people who aren’t his or her lawyer to try to get advice.  Meanwhile the best thing to do is not to talk about your case with anyone, except your lawyer. 

 One of the major reasons why you don’t walk to talk to anyone other than your lawyer is anything you say can be used against you.  The last thing that you want to do is to have the district attorney summons a cell mate, girl friend, or relative to testify against you.  Essentially, what you say about a crime can be considered as an admission and can be used against you in the court of law.  On the other hand, if you talk to your attorney about the case the communication is privileged. 

Another reason why you don’t want to talk to others to try to get advice is because of the advice you will be getting.  Every case is different and there are many factors that go into determining the ultimate outcome of a case.  Just because your neighbor or mom told you that a certain outcome happened to another person charged with the same offense, doesn’t mean anything.  There is no guarantee that the same things will happen in your case.  The last thing you want to do is to listen to bad advice. 

 Obviously, the last thing you want to do is to talk to the police and listen to their advice.  Yes, police are very good listeners, but it won’t help you.  You don’t want to put yourself in a bad situation, so if you are charged with a crime, don’t try to get advice from the police. 

 Be smart, you need to make sure you talk to a lawyer as early as possible.  Don’t talk to anyone about your case.  You also don’t want to listen to anyone’s advice, especially those of others in jail.  Remember if your cell mate had such great advice, he wouldn’t be sharing a room with you. 

 Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

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For more information:

Working with your lawyer http://www.paulerogers.com/worklaw.htm

 Tips on working with your lawyer http://www.fatherhoodqic.org/ten_tips.pdf

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Could dogs be used in a MA court room soon?


Dogs make great pets and there are many Americans that have these great companions at home. For many years now, dogs have also been used for helping the visually impaired to get around to helping police officers solve crime.

There has been a movement across the country to use dogs in the courtroom. The belief is that a dog can ease the tension there is in a trial or even in a plea setting. Some believe that it can ease the tensions of the adversarial process for everyone. Perhaps  a dog can ease the stress for judges, lawyers, witnesses and jurors.

 There are some aspects that the MA courts will need to deal with prior to adopting the system. One possible issues dealing with allergies. We know that certain people are allergic to dogs and the court would need to ask anyone that would be in the court room if they are allergic to dogs. Another potential hold up is the funding. Someone would need to take care of the dogs and the funding would need to come from somewhere. As we already know, the current fiscal has deeply affected the judicial budget.

Finally, dogs are wonderful and having them in the court room is a wonderful idea. People are uneasy about the court process and tend to be very stressed out during trials. What would be better than to have a friendly pooch to pet and look at? Having dogs in the court room is a great idea, but I wouldn’t count on petting one in a Massachusetts court room any time soon.

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For More information:

Promoting justice through the use of well-trained dogs to provide emotional support for everyone in our criminal justice system http://www.courthousedogs.com/courtroom.html

A comforting canine presence provides victims with a safe harbor By Rebecca Wallick http://www.thebark.com/content/dogscourtroom

Assistance dogs’ use for kids in courtrooms urged http://www.kob.com/article/stories/S1250476.shtml Judge’s dog is friend of the court http://www.roanoke.com/news/roanoke/wb/110756

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Violating probation could lead to more jail


Most people would rather be on probation than be in jail.  Therefore, most are willing to accept any terms on probation to avoid jail time.  The problem arises when the person violates probation.  If probation is violated, it is possible to serve more jail time than a straight committed sentence.

A straight committed sentence is when a person is committed to jail for a certain period of time.  It is understandable that people want to get out of jail so they want probation.  The problem occurs when people violate the terms of their probation and end up back in court.

If a person is found in violation of their probation, the judge can sentence the violator to the maximum sentence for each charge they are on probation for.  Technically if a person has 4 different charges they are on probation for, and if each charge carries a sentence of up to 2 ½, then a person could be in jail for up to ten years.  Now it is uncommon to see a judge, especially in district court to sentence a violator to serve a sentence consecutively, or one after another.  It is more common to see a judge allow a person to serve their sentences together or concurrently. 

 However, the issue still remains that under certain circumstances a short committed sentence may be better in the long run than probation.  If a person knows that they are not a good probation candidate and they are just going to end up violating then a straight committed sentence may be the way to go.  In the end, doesn’t it make sense to be in jail for a shorter amount of time right away verses a much longer period of time down the road?  This is something that you should consider prior to agreeing to probation. 

Interested twitter followers please visit- twitter: http://twitter.com/AttorneyChan

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information:

 http://www.jud.ct.gov/faq/adultprob.html

http://www.mass.gov/courts/courtsandjudges/courts/juvenilecourt/violation-probation-order.pdf

http://www.leg.state.fl.us/statuTes/index.cfm?App_mode=Display_Statute&URL=Ch0948/titl0948.htm

http://www.criminal-law-lawyer-source.com/terms/probation-violation.html

http://www.delsignoredefense.com/lawyer-attorney-1426070.html

http://www.mckennapc.com/PracticeAreas/ProbationViolation.asp

http://www.topaziolaw.com/PracticeAreas/Clerk-Hearings-Probation-Hearings.asp

http://www.expertlaw.com/library/criminal/sentences.html

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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License effects for breathalyzer refusal


 In a previous post I talked about the breathalyzer process, but how does your license actually get suspended. Remember the more you understand the process, the better you will be able to protect yourself.

During the DUI booking process the police will ask if you want to take a breathalyzer. Then the police will show you a form. On the form you can sign that you want to accept the breathalyzer or you choose to refuse the breathalyzer. Not signing the breathalyzer form is considered a refusal. Asking for a lawyer prior to signing the breathalyzer form is considered a refusal. Failing to properly administering breath samples during a breathalyzer test could be considered a refusal. Agreeing to give breathalyzer samples and later refusing  to give breathalyzer samples is also considered a refusal.

First DUI offense. Okay, so say if this is the first time you were ever arrested for suspicion of DUI. You decide not to the breathalyzer, what happens to your license? Well if you decide to refuse the breathalyzer and this if your first DUI, your license will be suspended for 180 days. If you are under the age of 21 and you refuse a breathalyzer, your license will be suspended for 3 years.

Second offense DUI. The analysis for a second offense DUI gets trickier for the purpose of license suspension for breathalyzer refusal. If it is your second DUI offense and you refuse the breathalyzer, your license will be suspended for 3 years for the most part. However, there are different situations that can change the amount of time your license is suspended. If a person was charged with DUI with serious bodily injury for their first DUI offense and then charged with an DUI second offense, then their license will be suspended for 10 years. If a person was charged with DUI manslaughter by motor vehicle, or vehicle homicide, then their license will be suspended for life.

Third DUI offense. If you have two DUIs on your record already and refuse a breathalyzer then your license will be suspended for five years.

Fourth DUI offense. If you have three prior DUIs on your record and refuse a breathalyzer, then your license will suspended for life.

That is a basic summary of license suspension, but the actual analysis is more complicated. It is not uncommon that the DMV or the police incorrectly categorize the refusal. There may also be different ways for you to get license relief. DUIs are serious and you should talk to an attorney right away if you have refused a breathalyzer.

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Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

Check out the following sites for more information: Registry of Motor Vehicles http://www.mass.gov/rmv/suspend/index.htm http://www.madrunkdrivingdefense.com/drunk-driving.htm

http://www.delsignoredefense.com/lawyer-attorney-1394684.html

http://www.massdui.com/breathtestmachine.htm

http://www.dwilawoffice.com/massachusettsbreathtestrefusal.html

http://www.lawworcester.com/PracticeAreas/OUI-Statutes.asp http://www.dui.com/massachusetts

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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