Protect your future.

A minor crime like this will have lasting impacts. A conviction on one’s criminal record may blemish graduate school applications, may give rise to sanctions by the university (such as scholarship or disciplinary actions). It is imperative to get a lawyer right away. Also, in Massachusetts one must wait 5 years to get a conviction expunged or placed under seal. Further, even if a conviction is expunged or placed under seal, many jobs and graduate schools, e.g. medical school, will still require applicants to list convictions.

Penalties and fines.

If convicted, you will receive a fine of $50 for first offense, and not more than $150 for each subsequent offense.  Also, your driver’s license will be suspended for ninety days. See M.G.L. Ch. 138, Sec. 34(c). There may also be additional administrative fees.

Again, the consequences of a conviction go well beyond these fines, as they can have a lasting impact on one’s future and career.

Defense strategies.

The first thing we do is look for an opportunity to get the case dismissed. This includes getting the case pushed back to a clerk’s hearing where dismissals are easier to obtain.  Also, we may choose to file motions to suppress any evidence based on illegal search and seizure or any other constitutional right which may apply.

When we cannot obtain a dismissal, we will try to get the district attorney (“DA”) to agree to a Continuance Without a Finding (“CWOF”). This is a plea agreement that allows one to say he/she was never convicted of a crime. However, in return, the DA will likely ask that he/she does some sort of diversion program.  This may include community service or alcohol awareness classes. Upon completion of the diversion program, the incident is completely removed from the CORI database, so that it will not affect one’s future.

LIQUOR, PERSON UNDER 21 POSSESS
IBR: 90G – LIQUOR LAW VIOLATIONS