Courthouse Fashion… Dress for Success

A clerk magistrate once asked me, “Counselor, how do you always have your clients dress so nice?”  I laughed and smiled at the question, acknowledging the overall appearance of litigants inside the courthouse on that day.

It may seem like common sense to dress appropriately for a court appearance, but many individuals really need to take a second look in the mirror before setting foot in court.

Some simple tips will have you looking appropriately and feeling comfortable for your trip to court.

  1. Wear simple clothing.  Keep in mind you will have to go through the metal detector.  This involves taking off your belt, and occasionally taking off your shoes.  You don’t want to wear knee high lace up boots only to have to take them off and sit on the courthouse floor trying to lace them back up.
  2. Wear clothing that fits.  As to number 1, I have seen a gentleman take off his belt to his suit, only to have his suit pants fall around his ankles.  It was embarrassing for everyone waiting in that lobby.
  3. If you are a man, wear a shirt that can be tucked.  There is one judge in particular that will not hear your case until 4 p.m. if you approach him with an untucked shirt.
  4. I usually suggest business casual, or nicer.  A nice polo shirt and khaki pants, or button up shirt or simple dress can show the court you are taking your appearance seriously.
  5. Ladies, stick with flats for shoes.  Many courts do not have a lot of sitting areas in the lobby, and there can be a LOT of waiting.  You will be a lot more comfortable in some cute flats.
  6. You don’t need a lot of flashy accessories.  I saw one day a man trying to go through the metal detector with a belt buckle that doubled as a flask.  Unfortunately the court officers made him leave his belt buckle in the car, and he had a hard time keeping his pants all the way up that day.
  7. Leave the sequins at home.  While you want to dress up, think grandma’s closet, not Friday night out.  You want to look conservative rather than flashy.  Ditto for stiletto heels and leather  pants.
  8. Do not wear shorts and flip flops.  Some court officers will actually make you wait in the lobby until your case is called if you are dressed inappropriately.  Shorts and flip flops fall into the category of inappropriate.

Follow these simple guidelines and you will be dressed to impress at court.

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Leaving the scene of an accident is a crime!

In Massachusetts, if you are involved in an accident and there is any evidence of property damage or personal injury, you are responsible for making your identity known to the other parties.

In most cases, what that involves is stopping, exhanging your telephone numbers, license information, and insurance information, then contacting your insurance company.  But what do you do if it is not a typical accident situation?

In many cases, a person will strike an object such as a telephone pole, a building, curbing, a fence, a parked car or something similar.  There isn’t any identifying markers saying “If you hit me please call.”  If it is a parked car, some people will leave a note with contact information.  That isn’t a viable option in cases of a pole or a fence.

If you are involved in an accident with an object, call 911 and immediately report the matter to the police.  They will come, fill out an accident report, and you will be on your way.  If you do not, you risk being cited with leaving the scene of property damage, which is a criminal matter.  You can expect to receive a summons from the police for an arraignment or show cause level hearing.

If you hit a car with passengers and you do not stop to exchange information, you are subject to being charged with leaving the scene of personal injury.  Because there are victims that are physically hurt, rather than property that was damaged, these cases are treated very seriously.  If you leave the scene of a person that was injured without exchanging information or calling the police, you can expect to be charged under this statute.

If you are charged with leaving the scene of property damage or personal injury, you should contact an attorney immediately.  Make sure your insurance company is aware so that any damage can be covered as soon as possible.

Contact Broadbent & Taylor if you have been charged with these crimes.  Broadbent & Taylor represents clients across Massachusetts in motor vehicle matters.

 

 

THIS BLOG IS WRITTEN BY ATTORNEY KELLY BROADBENT.  IT IS NOT INTENDED AS LEGAL ADVICE.

 

 

 

 

 

Navigating a Criminal Citation in MA

In Massachusetts, there are 2 types of citations that are handed out: civil and criminal.  If you receive a citation for a criminal violation, it is important to take the steps to best defend the citation.

With any criminal matter, it is important to contact an attorney at your earliest oppurtunity.  While a criminal citation may seem trivial, they can in fact impact your criminal history.

Read the citation.  In MA, you have 4 days to return the criminal citation to the court that has jurisdiction.  While it is not necessary to do so, it gives you the added benefit of the scheduling of a show cause hearing.  A show cause hearing is a preliminary hearing in front of a magistrate where the magistrate has the chance to NOT ADVANCE THE MATTER.  If the matter is disposed of at the show cause level, it will not appear on your criminal history.

As with any criminal matter, anything you say can be used against you.  This goes for any statements made by you at the show cause hearing.  Because of this, it is strongly advisable to have an attorney with you at the show cause level to speak on your behalf.

Broadbent & Taylor handles the criminal citations at every level, from the show cause, to the arraignent, up to the trial.  Contact us if you have received one of these citations to discuss how you should proceed going forward.

 

THIS POST IS WRITTEN BY ATTORNEY KELLY BROADBENT.  IT IS NOT INTENDED AS LEGAL ADVICE.

Defending CDL Traffic Violations

While a speeding ticket is an expensive nuisance for most drivers, a driver with a CDL license has added consequences when dealing with a moving violation.

If you receive a ticket in Massachusetts and you have a CDL license, you should strongly consider appealing the ticket.

  1. Your employer may suspend or terminate you because of the citation.
  2. Costs for insurance may skyrocket.
  3. The DOT considers number of miles over when dealing with points or suspensions.  If you are driving a CDL vehicle and are cited, the number of miles over the limit can greatly impact the consequences on your license.

If you have received a citation in Massachusetts and you have a CDL license, contact Broadbent & Taylor  at (508) 438-1198 to schedule a free consultation.Having an attorney to represent you and guide you through the options with these tickets increases your chances of a favorable outcome.  .  We represent commercial drivers across Massachusetts.

Automatic Defense in MA to traffic ticket with MGL 90c S2

In Massachusetts, an officer is required to provide you a copy of the citation at the time of a motor vehicle stop.

MGL Chapter 90 c Section 2 outlines the requirements of the officer to give the ticket in hand:

Notwithstanding the provisions of any general or special law, other than a provision of this chapter, to the contrary, any police officer assigned to traffic enforcement duty shall, whether or not the offense occurs within his presence, record the occurrence of automobile law violations upon a citation, filling out the citation and each copy thereof as soon as possible and as completely as possible and indicating thereon for each such violation whether the citation shall constitute a written warning and, if not, whether the violation is a criminal offense for which an application for a complaint as provided by subsection B of section three shall be made, whether the violation is a civil motor vehicle infraction which may be disposed of in accordance with subsection (A) of said section three, or whether the violator has been arrested in accordance with section twenty-one of chapter ninety. Said police officer shall inform the violator of the violation and shall give a copy of the citation to the violator. Such citation shall be signed by said police officer and by the violator, and whenever a citation is given to the violator in person that fact shall be so certified by the police officer. The violator shall be requested to sign the citation in order to acknowledge that is has been received. If a written warning is indicated, no further action need be taken by the violator. No other form of notice, except as provided in this section, need be given to the violator.

A failure to give a copy of the citation to the violator at the time and place of the violation shall constitute a defense in any court proceeding for such violation, except where the violator could not have been stopped or where additional time was reasonably necessary to determine the nature of the violation or the identity of the violator, or where the court finds that a circumstance, not inconsistent with the purpose of this section to create a uniform, simplified and non-criminal method for disposing of automobile law violations, justifies the failure. In such case the violation shall be recorded upon a citation as soon as possible after such violation and the citation shall be delivered to the violator or mailed to him at his residential or mail address or to the address appearing on his license or registration as appearing in registry of motor vehicles records. The provisions of the first sentence of this paragraph shall not apply to any complaint or indictment charging a violation of section twenty-four, twenty-four G or twenty-four L of chapter ninety, providing such complaint or indictment relates to a violation of automobile law which resulted in one or more deaths.

In the instance a defense is raised under MGL 90 c Section 2, the officer or representative must then meet a test as to whether a) the violator could not be stopped; b) where additional time was needed to determine the nature of the violation or the identity of the violator; or c) the court deems some other circumstance was present that may justify the faulure.

If you were mailed a citation by the police in Massachusetts, contact our office for a consultation as to whether this defense may pertain to your case.  Broadbent & Taylor offers a free consultation to all clients at (508) 438-1198.

 

 

 

Is it too late to appeal my ticket in Massachusetts?

Oh no! You have received a dreaded speeding ticket. in Massachusetts  You stick it over the visor in your car with the intent on sending it in right away.  But the days tick by, and soon you have passed by the 20 day window that you are given to appeal the ticket.  

A common question that arises with Massachusetts tickets is whether it is too late to fight the ticket.  Here is a breakdown of when you still have an oppurtunity to do so, and when it is too late.

1.  Within the 20 days to appeal the ticket- If you are within the 20 days after receipt of the ticket, you must sign the back, request a hearing, and send a check for $25.00 made payable to Mass DOT in order to get a hearing.  If you do this, the RMV will forward the ticket to the court, who will scheduled your hearing.

2. You pay the ticket within 20 days- If you pay the citation, unfortunately you have lost your right to appeal.  Paying the ticket is an admission of responsibility.  There is nothing you can do at this point.

3. You pass the 20 days and did nothing- In this case, it is possible to still appeal.  The RMV hearings officers have the discretion to manually enter in a request for an appeal.  You must wait until you receive a notice of suspension for payment default and go to see one of the hearings officers. The can enter the hearing request for you.

4. You received the notice of suspension and the suspension has started- Once the suspension has started the RMV hearings officers cannot enter the request for the hearing, so unfortunately you are out of luck.

5. You appealled the ticket, but missed the court date- In this situation, it is up to the clerk of courts in whichever court defaulted you.  You must file a motion with the clerk, who has the abilty to reschedule the hearing.

If you are fighting a speeding ticket, it is always a good idea to speak to an attorney familiar with the system.  Contact our office for a consultation.

Massachusetts “No Fix” Statute

From time to time, Massachusetts police officers will send you a citation in the mail.  You open the ticket, have no recollection of the day or the violation.  In fact, you were never even stopped by the police.

What can you do to defend yourself from this type of ticket?

Massachusetts has what is called a “No Fix Statute” which governs this type of violation.

 M.G.L. 90C Section 2 states in relevant part: “A failure to give a copy of the citation to the violator at the time and place of the violation shall constitute a defense in any court proceeding for such violation, except where the violator could not have been stopped or where additional time was reasonably necessary to determine the nature of the violation or the identity of the violator, or where the court finds that a circumstance, not inconsistent with the purpose of this section to create a uniform, simplified and non-criminal method for disposing of automobile law violations, justifies the failure. In such case the violation shall be recorded upon a citation as soon as possible after such violation and the citation shall be delivered to the violator or mailed to him at his residential or mail address or to the address appearing on his license or registration as appearing in registry of motor vehicles records. The provisions of the first sentence of this paragraph shall not apply to any complaint or indictment charging a violation of section twenty-four, twenty-four G or twenty-four L of chapter ninety, providing such complaint or indictment relates to a violation of automobile law which resulted in one or more deaths.”

What does this mean to the operator that received the ticket in the mail?  

1. At the clerk hearing, you can raise a defense under this statute.  It shifts the burden to the police department to establish a reason under the statute for not citing the motorist when the violation occurred.

2. At the judge appeal, you may again raise a defense under this statute.  At this level, the officer, must, under oath, testify as to why the ticket was sent in the mail rather than given in hand.

3. You may have a basis for an appeal to the appellate division as a matter of law, since there is a statutory defense to this type of citation.

Your best bet to beat a citation is to hire an attorney that is experienced in the local courts and who is familiar with the laws surrounding this citations.  

Broadbent & Taylor offers free consultations with all traffic matters.  Contact us today to discuss your case.