A Rant on the State of Affairs
Lots of big national news lately — the “debt ceiling debacle”, America’s bond rating downgrade, stock market roller coaster……Pretty heady stuff, especially if you have expenses (like sending a child to college!) on the horizon. Like most of us, I get tired of hearing all the right, left, and center talking heads bloviate until their eyes bulge out of their heads. But, we are definitely in for an interesting ride.What’s it all mean? Well, first of all, there can be little argument that the middle class is getting ripped off. Case in point — the “bank bailout”. Perhaps it “had to be done” like so many so-called experts insisted. But it should have been done more responsibly, with an eye towards preserving some level of accountability. For example, a recent Federal Reserve audit disclosed hundreds of billions of “secret” loans made to big banks under circumstances that have resulted in huge profits. Taxpayer financed profits, by the way. Apparently, socialism is a no-no when it comes to profits, but OK when it comes to mega-bank losses. So too, the recent “cut-cut-cut” the deficit (right now!) mentality will have the effect of stalling economic recovery, at the expense of the most vulnerable of our population. In manipulating the narrative, right-wing republicans have hit a home run — shrinking government (not necessarily a bad thing if done right and at the right time…) at a time when we need the “spender of last resort” (and when job-creating government investment would go a long way in shoring up our infrastructure, making education more affordable, and promoting sustainability and green energy projects), creating a very glum scenario for the last year or so of President Obama’s economy (as bad as things were when he came in, he owns it now).OK — time to cut to the chase. Economic recovery is far down the road. Consumers are broke, and that won’t change for a while. It’s time, instead, for a “recalibration”. It’s time to focus on our neighbors, our friends, our communities, our families. It’s time to focus on making things better everywhere we can, within our means. It’s time to appreciate what we have, and not grouse about what we don’t have. It’s time to hold our local, state, and national leaders accountable for good governance. If they continue behaving like children, give them their come-uppance at the ballot box come November. After all, no matter what the alternative, can it get much more ridiculous?
To (B)reath Test or not to B
I’m asked all the time “If I ever get busted for OUI (“drunk driving”) should I take a breath test”? First of all, in Massachusetts officers in the field have “preliminary” breath test devices which aren’t currently admissible in court, and we’re not talking about those. We’re talking about the machines in the police station and the post-arrest decision whether or not to take the test.The “legal limit” in Massachusetts is a blood-alcohol content (BAC) of .O8 (percent) or above while driving. Often the test is not administered until an hour or more later (our state’s highest court has indicated that any period within three hours of vehicle operation is admissible as within a “reasonable time”), which could mean a rising or falling BAC (I won’t get into the science of metabolizing alcohol over time here…). Refusal to consent to the breath test, although not admissible as evidence of guilt at trial, nevertheless results in a license suspension, which is at least 180 days (for first offenders – it’s three years if you’ve been convicted of OUI once before and it gets worse from there….)Many attorneys adopt a strict, “never take the test” position on this issue. Nothing wrong with that – it’s the “safe” position in that it deprives the government of an opportunity to get its hands on forensic evidence which could weaken a defense, since even if you’re not “impaired”, a BAC of .O8 or above is enough for a jury to convict. But this is a complicated issue, and a lot depends on how important your driver’s license is to you (is it a must for work? do you have kids or elderly parents who depend on your driving?). For example, if it is your “first time” and you know you’re not only “impaired”, but pretty drunk, you may want to avoid the 180 day suspension and take the test. This is because chances are good you won’t want to go to trial (time and expense), and if the case is resolved quickly by virtue of a plea, the usual loss of license is 45 days and you’re eligible for a 12 hour “hardship” license within 3 business days of the resolution — in other words, you could be “back on the road in no time”.Now, on the other hand if it is a subsequent offense, it is a different dilemma. For example, loss of license for convicted second offenders is two years (plus the dreaded “ignition interlock” [IID] breath test device for which you must pay install and maintain to qualify for license reinstatement). Refuse the test and it’s another three years if you end up convicted. Take the test and fail, it’s a 30 day suspension, after which you’re eligible for reinstatement (with no IDD, at this point) pending your trial. Tougher call for sure, and it would probably depend on how important you license is in the short vs. long term since a breath test failure inevitably diminishes your chance to “beat the case”.Once you’re beyond “second offense” territory (and where a third offense conviction carries a mandatory 150 day jail sentence), better to refuse the test and expect to go to trial. In any event, if you are in the unfortunate position of having been arrested and charged with OUI, you should “lawyer up” ASAP so that you’ll know your options and can make the best decisions for your personal situation. Almost all of us offer free consultations which, even if you decide not to hire legal counsel (which I would advise against, of course), will provide you with useful information.
Home invasion suspect acquitted
NORTHAMPTON – Five months after he withdrew a guilty plea because he didn’t like the judge’s sentence, a Northampton man was found innocent yesterday of a Florence Heights home invasion.Chad Barnes, 23, of Northampton sighed deeply and his father wept when the jury’s verdict was announced.“Thank you,” defense attorney David Mintz mouthed to the jurors.The verdict came just 90 minutes after the jury sent a second note to Hampshire Superior Court Judge Lawrence B. Wernick saying that it was deadlocked.Wernick sent the jurors back to the jury room, telling them it is doubtful that a subsequent trial would have a more competent, intelligent jury or clearer evidence.Barnes came to court last December to plead guilty.“He’s extremely remorseful,” Mintz said at the time. He said that Barnes expressed his remorse every time he met with his lawyer.But Barnes backed out of the plea bargain when Judge C. Brian McDonald rejected the agreed upon sentence of 18 months in jail. McDonald wanted Barnes to serve 4 to 5 and a half years.Prosecutor David Ross acknowledged his case had some flaws. Unlike his co-defendants, Barnes had stolen no property in his possession.The center of Ross’ case was the testimony of victim Anthony Mattos, who identified Barnes in court and in photographs as the man who forced his was into his apartment at knifepoint and stole jewelry off his body. Mintz argued Mattos was intoxicated and nervous and picked and innocent person from the police photos.The lawyer also noted that Mattos described the perpetrator as “Spanish”. Barnes is not Hispanic.Ross said it would be an amazing coincidence that Mattos picked Barnes’ picture out of more than 600 photographs since Barnes lived in the Crestview Drive home where at least three of the robbers fled after the crime.The jury found Barnes innocent of armed assault in a dwelling, armed burglary and armed robbery while masked.Mattos’ fiancee, Kimberly Lawson, was also robbed at knifepoint while her two children slept nearby.When one of the men moved away from a door, Mattos escaped and called the police. The men fled without hurting anyone.Two co-defendants, Jose Angel Garcia, 20, of 2072 Hampton Gardens and Juan Baez, 20, formerly of Holyoke, now of 722 Chicopee St., Chicopee, pleaded guilty to the home invasion last year and are serving 3- to 5-year prison terms.Two of the alleged robbers have never been caught and a third, a juvenile, escaped and has not been brought back to court.– JACQUELINE WALSH, Staff writer, Union-News
Welcome to my Blog
Welcome. This is an exciting event as I’ve wanted to “blog” for a while now and, thanks to davidgmintzlaw.com my time has come! I can’t predict with any certainty what will happen in the entries to come. Of course, I intend to comment on legal matters when the mood strikes or I feel like I have something worthwhile to say. However, I’ve never been one to insist on strict separation between my personal and professional lives. That’s one of the advantages of being a “solo” practitioner and, in fact, being a lawyer – you’re allowed to have a personality! So, you can expect that some posts may have nothing to do with the law. Like today, for example – how about those Red Sox?! .500 at last!
How to hire Attorney Mintz
First step: call or emailThe hiring decision should always begin with a face-to-face meeting in the form of an initial consultation. These consultations are offered at no charge to prospective clients, and will give you a chance to personally meet me and evaluate me as your potential advocate. I find that these consultations are very useful and almost always result in the potential client feeling better about their situation after they get some questions answered (knowledge is power!). I offer both flat fee and hourly rate representation charges, and my fees are very competitive. Some cases (personal injury/auto accident, for example) are accepted on a “contingent fee” basis.All cases are handled by me personally.