Friday, May 28, 2010

Jail Time in Child Support

A Middlesex Judge has ordered a man to go to jail for contempt for failing to support his family. Click here to read the story.

The man owes his family $150,000 in past due support. Usually judges do not order a person to jail unless s/he is blatantly in contempt and has been warned several times in the past that s/he is in contempt.

Child support exists so that the child is supported by both parents. It took two people to have a child and it's unfair that only one person has the sole financial responsibility for that child.

"The custodial parent is not 'ordered' to provide child support because s/he is already supporting the child. Noncustodial parents often forget who has to pay for housing, utilities, food, clothing, and all the other expenses. These expenses typically add up to a lot more than than the noncustodial parent can see.

Noncustodial parents: you have a child and it's your responsibility to help provide for that child."

If you have a child support issue, contact our law firm for a consultation.

Tuesday, May 18, 2010

New Office Location

S. De Oliveira Law has moved from Somerville to Framingham. Our new location is:

47 Franklin Street, Suite 2A
Framingham, MA 01702

The office space is on the second floor and is really great location for our law firm. Give us a call and make an appointment to come by.


Saturday, May 15, 2010

Common Questions about Drunk Driving

What happens if I get caught driving drunk?

For a person caught drunk driving the first time, if there are no accidents or property damages, typically you get a "continued without a finding" and you have to go to a drunk driving program that typically runs 16 weeks. (MAPS officers this program in Portuguese.) You also have to pay fines and court costs which can run over $2500. You also get your license suspended. If you're under the age of 21, the minimum penalties are much worse.

If you are caught driving drunk a 2nd time and there are no accidents or property damage, the minimum penalty is that you will have a 2 years loss of license, 2 years probation, a 14 in-patient drunk driving program, and over $4000 in fees, fines, and court costs. In MA, you face mandatory jail time if you are convicted of drunk driving more than three times.

If your blood alcohol level is greater than .08, you will be taken to jail if you are caught driving. If you have had more than one or two beers, it's in your best interest not to drive.

If you are caught driving drunk or under the influence, you have the right to refuse to take the breath test or to give the police information other than you name and your license. You will automatically lose your license for at least 180 days, but it will be more difficult for the state to find you guilty of driving under the influence.

My advise to you is simple:

Don't drive under the influence of drugs or alcohol because it's not worth it. You may end up killing someone because you are too drunk to drive. It will be far more cheaper for you if you call a taxi cab, have a sober friend drive you, or find a place to spend the rest of the night. A cab/hotel will be a lot less expensive and a lot less dangerous than driving drunk.