Should you respond to a call from police without a lawyer? Generally, no. If police already have enough evidence to charge you, they likely won’t be calling to give you a courtesy headsup. A phone call from police often means they need something more— typically, your own words to help them complete their case.
Take this common scenario: someone accuses you of leaving the scene of an accident. You assume it's harmless to confirm that you own the car and usually drive it. Unfortunately, that simple statement could be the missing piece police need to charge you. They may not tell you the exact time of the incident, and you might’ve lent the car to someone else and forgotten. That’s why you should never speak to law enforcement without first consulting a qualified criminal defense attorney.
What does it mean if someone says you’re about to be charged? It depends on the seriousness of the alleged offense:
- For major felonies like armed robbery or assault with a deadly weapon, police can go straight to a judge for an arrest warrant.
- •For less serious charges, you might receive a summons in the mail with a date to appear in court.
That paperwork might be for:
- A Clerk Magistrate's Hearing, which gives you the chance to share your side before formal charges are issued.
- An arraignment, where you are formally charged in a public courtroom.
Do not attend either of these hearings alone. The legal advice and representation of a skilled attorney can mean the difference between a dismissal and a permanent criminal record.
Special Note for Parents of Juveniles
If your child is under 18 and facing criminal charges, the juvenile justice system can offer opportunities for resolution before formal charges are even filed. Some cases can be diverted or dismissed entirely without an arraignment.
But juvenile court has its own rules and consequences. A criminal charge—even one unrelated to school—can trigger school discipline, suspensions, or expulsions. Always speak with an experienced juvenile defense attorney who understands these intersecting systems.
Juvenile-Specific Dispositions (Ages 12–18):
- Diversion Programs: Available pre-arraignment or post-arraignment for eligible youth. Successful completion can lead to dismissal.
- Pretrial Probation: In some cases, the court may impose conditions and dismiss the case if they are met.
- Continuance Without a Finding (CWOF): Similar to adult court, but more frequently used in juvenile proceedings to avoid a formal adjudication.
- Dismissal Prior to Arraignment: Some cases may be resolved informally or diverted entirely, preserving the juvenile’s record
Massachusetts OUI (Operating Under the Influence) Penalties: What You Need to Know
If you've been charged with Operating Under the Influence (OUI), you may be scared or confused about what comes next. The penalties are serious, but alternative outcomes may be available—especially for first and second offenses.
First Offense:
- License Suspension: 1 year
- Jail Time: Up to 2.5 years (often avoided)
- Fines: $500–$5,000
- Breath Test Refusal: 180-day license suspension
- Breath Test Failure: 30 days
Alternative Disposition (24D Program):
- License suspension reduced to 45–90 days
- Avoid jail time
- Completion of alcohol education program
- Eligibility for a hardship license (limited driving hours)
Juveniles (Ages 16–17):
- License Suspension (OUI conviction): 180 days for first offense (court-imposed)
- Failed Breath Test (BAC ≥ 0.02): 30-day license suspension + 1-year Youth Alcohol Program (YAP) suspension (may be reduced upon program enrollment)
- Breath Test Refusal: 3-year license suspension + 1-year YAP suspension (may be reduced upon program enrollment)
- YAP suspensions are served consecutively after RMV suspensions
- Eligible for 24D disposition
- May face Junior Operator License penalties and school-based consequences
Young Adults (Ages 18–20):
Treated as adults for criminal charges but subject to Junior Operator penalties
- Breath Test Refusal: 3-year license suspension + 180-day Youth Alcohol Program (YAP) suspension (may be waived upon enrollment in an approved program)
- Failed Breath Test (BAC ≥ 0.02): 30-day license suspension + 180-day YAP suspension (may be waived upon enrollment in an approved program)
- May be eligible for 24D disposition with education program
- Hardship license eligibility depends on timing and compliance
- Treated as adults for criminal charges but subject to Junior Operator penalties
- Breath Test Refusal: 3-year license suspension
- Failed Breath Test (BAC ≥ 0.02): 210-day suspension
- May be eligible for 24D disposition with education program
- Hardship license eligibility depends on timing and compliance
Second Offense
- License Suspension: 2 years
- Jail Time: Minimum 30 days, up to 2.5 years
- Fines: $600–$10,000
- Breath Test Refusal: 3-year license suspension
- IID (Ignition Interlock Device) Requirement: 2 years after license reinstatement
- License Suspension: 8 years
- Jail Time: Mandatory 150 days, up to 5 years
- Fines: $1,000–$15,000
- IID Requirement: 2 years
- Breath Test Refusal: 5-year suspension
Alternative Disposition (Second-Chance 24D):
If your first offense was more than 10 years ago, a second offense may be treated like a first:
- Reduced license suspension
- Avoid mandatory jail
- Complete outpatient counseling or a two-week inpatient program with aftercare
- Apply for a hardship license
Third Offense
Fourth Offense
- License Suspension: 10 years
- Jail Time: Mandatory 1 year, up to 5 years
- Fines: $1,500–$25,000
- IID Requirement: 2 years
- Breath Test Refusal: Lifetime suspension
Other Consequences:
- Professional Licenses: Teachers, doctors, real estate agents, and other licensed professionals may face disciplinary action
- RMV (Registry of Motor Vehicles) Penalties: The Registry of Motor Vehicles can impose separate license suspensions, even if your court case ends favorably
- IIDs: Required for multiple offenses and must be installed at your own expense
Call Yee & Associates, P.C. Today Whether you're being investigated, facing a summons, or already charged with a crime or OUI, don’t go it alone. Attorney Frank Yee provides strategic, experienced, and compassionate representation for both adults and juveniles. Call now to schedule a confidential consultation.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship
