If you are a military veteran accused of a criminal charge, there is an option to avoid a conviction available under the Valor Act of 2012, passed by the Mass legislature.

And as of April 2017 in Commonwealth v. Morgan (SJC 12114), the Massachusetts Supreme Judicial Court ruled that this applies to 2nd offense OUI charges specifically, and that a CWOF is an option for a 2nd offense, which is not typical for most defendants.

The court also emphasized that this pretrial diversion act is available by judicial discretion, and that a judge may choose to dismiss the charge after completion of the program, even if the prosecution objects. [Read more…]