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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32154
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Does it cost to get legal advice? JA: The Criminal Lawyer

Customer Question

does it cost to get legal advice?
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I have. but I am looking for additional advice
JA: Please give me a bit more information, so we can help you best.
Customer: i am being charged with 2 counts of assault and battery on a police officer. the whole incident came from being heavily intoxicated and when they went to arrest me, i fought them. I'm looking to see what i could be facing
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Is there anything else the Criminal Lawyer should be aware of?
Customer: i have two dui's on my record. i was not on probation though.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 5 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Is there a specific question with which I could assist?
Customer: replied 5 months ago.
this past weekend i was out drinking with friends all day, i went to a 'friends house' who ended up calling the police on me. i was heavily intoxicated and blacked out when the cops arrived. they attempted to restrain me and put me in protective custody. the police report claims i punched them. i am now being charged with 2 counts of assault and battery on a police office in quincy mass. my record consists of 2 past dui offenses years apart. my question is two fold, what would most likely be the outcome for sentencing? i am going to enroll in an outpatient alcohol treatment program to present that at pre trial. two what else can i do to help alleviate the outcome?
Expert:  Dwayne B. replied 5 months ago.
what would most likely be the outcome for sentencing? Since you don't mention what level of felony with which you were charged I am going to assume it is the misdemeanor version (not enhanced somehow) and thus is punishable by imprisonment for not less than ninety days or up to two and one-half years in the house of correction. In addition, the fine can be between $500 and $5000. If you tried to take the officer's weapon away from them then the potential punishment is higher.While probation is a possibility, my experience has been that police officers don't like to agree to probation for this and the DAs and judges aren't as inclined to grant it without the police officer agreeing. The average sentence I've seen is in the 1 1/2 to 2 year range if you have prior offenses, which you do. However, this is one of those that you need to discuss any plea bargain offer with your lawyer because juries tend to be much tougher on this charge than the DA's offers. Also, don't enroll in the treatment program until you talk to the lawyer. That may be something they can offer to get the plea bargain lowered whereas if you check yourself into it you can no longer use it as a bargaining chip. what else can i do to help alleviate the outcome?Nothing right now. At some point you can gather letters of support from various people but this is one of those charges that doesn't have a lot of ways to "lessen the impact". Likely what the lawyer is going to suggest is the treatment program and then hiring an expert to testify as to your "problem". That seems to have the best results. Of course, stay out of any trouble in the meantime and don't consume any alcohol. You can also start the AA program. That may have some minimal effect.
Customer: replied 5 months ago.
so most likely I will be going to jail? even with trying to work out a plea offer, jail is still going to happen?
Expert:  Dwayne B. replied 5 months ago.
It's more probable some jail time will be involved than not, but that is a general answer. To know for sure you have to speak with your local attorney who knows that judge and that DA.In most assaults, with no prior record, the person may get a couple of days in jail but really the bulk of their punishment is probation. Assaulting a police officer has a lot of politics involved in it and they tend to be tougher on this assault than the regular kind.Of course, there are a lot of different factors that play a part. As I mentioned, the specific judge and DA will make a difference as will the attitude of the officer involved. The degree to which the officer was injured will play a part, with more serious injuries making it more likely jail time will be involved. The fact that you have two prior offenses for DWI/DUI and that drinking led to this incident is a factor that is going to indicate more punishment is necessary since the prior two times didn't "get your attention" (that's the way the judge usually phrase it). You should go and hire your lawyer ASAP. If you can't afford to hire a lawyer then you can ask for one to be court appointed but if there is any way you can afford one you should hire a private lawyer.

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