Legal Question in Constitutional Law in Massachusetts

Guilty Before Proven

I was on probation for a DUI. I got stopped for a 2nd during this time.I automatically lost my license for 120 days. Probation made me do random urine tests twice a week and a 14 day program. I went to court and was found not guilty. Shouldnt the probation dept. reimburse me for the 14 day program, lost wages and pain & suffering for finding me guilty before I went to court on it.


Asked on 2/20/02, 10:41 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Guilty Before Proven

Morally correct, but legally wrong. That's the way the system operates, unfortunately. You may be able to get some judge to revise & revoke the sentence on which you are on probation.

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Answered on 2/20/02, 11:18 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Guilty Before Proven

No. The additional imposition of duties was causd by the arrest, and as a term of your probation, was probably legal. People on probation have fewer legal rights to resist searches, among other things, while on probation. I am glad you were not guilty. I hope you keep up the good work.

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Answered on 2/20/02, 4:31 pm


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