O'Brien Law Boston

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We are operating and fully serving clients in person and over Zoom

At O’Brien Law Boston P.C. we are ready to protect and defend during COVID-19. Our number one priority is to serve our clients safely and continue to fight for their rights and liberty.

We are a full service criminal defense law firm. We are up to date on all of the best practices. We have been following closely all of the issues and developments in criminal law during the pandemic. We know that COVID-19 / Coronavirus has had a major effect on our clients lives and criminal defense cases.

We are and have been full service. That means we are meeting with clients over Zoom and in many instances in person. We are confident in our COVID-19 protocols and the safety measures we have taken

We strive as attorneys to make sure that all of our clients are informed and our goal is for all of their criminal cases to move forward as we pursue their rights and give them the best defense possible.

If you have questions or concerns about your criminal defense case then we have answers please contact attorney Francis T. O’Brien Jr.

We can handle your criminal case with Video Conferencing.

We are offering online video conferencing as a way to communicate and manage your case. Our online services are easy and secure. We can meet with you in a secure conference room online.

South Shore High School Coach Charged with Second OUI Offense: What are the Consequences of Repeat OUIs? 

When a person is facing a second or third OUI charge, the potential consequences can include not only criminal penalties and loss of driving privileges, but also repercussions for employment, professional opportunities, and reputation.

According to recent reports, Bradley Leal, a teacher and high school coach on the South Shore, was arrested in Braintree in June 2026 and charged with operating under the influence of liquor, negligent operation of a motor vehicle, failure to stop or yield, and reckless endangerment of a child. Leal pleaded not guilty to the charges. The arrest reportedly followed a prior OUI case in 2018.

The circumstances of an individual case are important, but so is understanding what Massachusetts law provides for people facing multiple OUI offenses.

What Happens After a Second OUI in Massachusetts?

Massachusetts treats repeat OUI offenses more seriously than a first offense. A second conviction for operating under the influence can result in significant penalties, including a potential jail sentence, fines, loss of driving privileges, and other consequences imposed by the court.

The Massachusetts Registry of Motor Vehicles also imposes substantial license consequences for repeat offenders. The consequences can depend on the person’s prior record, the disposition of the earlier case, the facts surrounding the new allegation, and whether the Commonwealth ultimately proves the current charge.

Importantly, an arrest is not a conviction. A person charged with OUI remains presumed innocent unless and until the Commonwealth proves the charge in court.

The First OUI Case Can Matter in a Later Case

A prior OUI case can become particularly important when someone is subsequently charged with another OUI. The way the earlier case was resolved may affect how the Commonwealth treats the new charge and the penalties that may apply if there is a conviction.

A prior case that resulted in probation, a continuance without a finding, a plea, or another disposition may have different implications from a conviction after trial.

For someone facing a second OUI, understanding exactly what happened in the earlier case, and how Massachusetts law treats that disposition, is an important part of evaluating the current charges.

Massachusetts OUI: First, Second and Multiple Offenses

  • First OUI: A conviction can result in fines, probation, mandatory alcohol education, and a loss of driving privileges. Depending on the circumstances and disposition, jail time may also be possible.
  • Second OUI: The penalties get more serious, with the possibility of incarceration, substantial fines, mandatory alcohol education and treatment, and a longer license suspension.
  • Multiple OUIs: Repeat offenses can lead to increasingly severe penalties, including lengthy license suspensions or loss of driving privileges, significant fines, and incarceration.
  • Worst-case consequences: Multiple OUI convictions can result in extended periods of incarceration and substantial restrictions on driving privileges. An OUI can also have consequences outside the courtroom, including employment difficulties, professional licensing issues, and major damage to a person’s reputation.

An OUI Charge Can Affect More Than Your License

For many defendants, the damage to their professional reputation can weigh as heavily as the legal consequences.

For teachers, coaches, healthcare professionals, business owners, executives, licensed professionals, and others whose careers depend on public confidence, an OUI arrest can lead to questions at work and in the community before the case has even been resolved.

The reported arrest was followed by the coach’s resignation from a newly appointed coaching position, while his other coaching and teaching positions were questioned publicly.

Local Experience Matters

An attorney familiar with Massachusetts OUI defense can examine the circumstances of the stop, the evidence supporting the allegation, field sobriety testing, breath or chemical testing, police procedures, and the prosecution’s overall case. In a repeat-offense case, the attorney must also understand the defendant’s prior record and the way the earlier case was resolved.

For someone living and working on the South Shore, there is a practical advantage to working with a local attorney who regularly handles criminal cases in the courts and communities where these matters arise. Local knowledge affords your attorney with familiarity with the court system, procedures, and issues that frequently arise in South Shore OUI cases.

An OUI charge does not necessarily define a person’s career or future. But when a second OUI allegation puts both legal and professional consequences in play, it is important to have an experienced criminal defense attorney in your corner. As a local attorney based in Hingham, Attorney Frank O’Brien understands the courts, prosecutors, and communities of the South Shore and greater Boston area. If you or someone you know is facing an OUI charge, don’t wait to seek experienced counsel. Contact the Hingham office today to discuss your case.

Hingham Road Rage Incident: What to Know About Self-Defense Claims in Massachusetts

A disagreement over littering outside the Hingham Public Library escalated into criminal charges that could carry decades behind bars. According to police, the incident began when a truck driver became upset after a napkin was thrown from a passing car. The truck driver then followed that vehicle into the library parking lot on Leavitt Street. What followed was a heated argument between the truck driver and the female passenger’s wife. Her husband, seated in the passenger seat, allegedly fired two shots at the truck driver as he walked back toward his truck, which missed the truck driver.

The 60-year-old Hingham man now faces charges including assault with intent to murder, assault with a dangerous weapon, discharging a firearm within 500 feet of a building, and two counts of attempted assault and battery with a firearm. He was arraigned, pleaded not guilty, and is currently being held without bail pending a dangerousness hearing.

“Self-Defense” Isn’t Always a Winning Argument

In his statement to police, the man claimed the truck driver had struck his wife and that firing his weapon was “more than self-defense.” However, investigators reviewed video footage and reported that while the truck driver was yelling and gesturing aggressively, there was no physical assault. Police concluded that using deadly force in response to a verbal altercation did not appear reasonable under the circumstances.

Self-defense may seem like a rational argument if someone is acting in a threatening manner, but Massachusetts law does not permit the use of deadly force just because a situation feels threatening or emotionally charged. Self-defense claims require that the danger be real, immediate, and proportionate to the response. One important component of a self defense claim is the “duty to retreat,” which means the law expects you to retreat from a dangerous situation if it is safe to do so. When firearms are involved, prosecutors and courts analyze the evidence carefully. The consequences of a conviction can be severe. Assault with intent to murder alone can carry a state prison sentence of up to life, while firearm-related charges often carry mandatory minimum sentences that leave little room for judicial discretion.

Facing These Charges Requires Skilled Local Representation

Whether the situation involves a moment of panic, a misunderstanding, or a genuine question of self-defense, the outcome of a case like this often hinges on how effectively the evidence, witness statements, and legal nuances are challenged and presented.

As a local attorney based in Hingham, Attorney O’Brien understands the courts, prosecutors, and communities of the South Shore and greater Boston area. For anyone facing serious charges, from firearm offenses to OUI and motor vehicle violations, having a defense attorney who knows the local landscape can make a meaningful difference in how a case unfolds.

If you or someone you know is facing criminal charges, don’t wait to seek experienced counsel. Contact the Hingham office today to discuss your case at 617 512-0939.

New DUI / Drunk Driving Laws May Be Coming in State Budget

New Drunk Driving Laws May Be Coming in Massachusetts New State Budget.

If you are faced with DUI charges or Driving Under the Influence in 2021 then you might need to get an ignition lock device, depending on a certain provision that is part of the state’s new budget. 

Currently a first offense DUI in Massachusetts does not require an ignition lock but second offenders require such a device. The proposal is from Republican State Senator, Bruce Tarr. 

Bruce Tarr as quoted in the Eagle Tribune. “This is something I’ve been working to achieve for years because I’m firmly convinced of its ability to save lives,” said Tarr, a Gloucester Republican and the Senate minority leader. “It’s a proven way to save lives and prevent tragedy on our roadways.”

These devices would be for first-time offenders whose blood alcohol content at the time of arrest is .15% or above. Drivers are considered impaired with a blood alcohol content of .08% or more.

The proposal might be supported by the governor, even though Massachusetts has some of the strictest drunk driving laws in the country.

If you have been charged with DUI or a criminal offense in Massachusetts then contact attorney Francis T. O’Brien Jr. today. He is regarded as one of the top DUI attorneys in Massachusetts.

Ineffective Assistance of Counsel May Be Grounds for Withdrawal of Guilty Plea

Today, the Masschusetts Appeals Court issued its decision in Commonwealth v. Almonte, discussing the standard for a criminal defendant to withdraw his guilty plea on the grounds of ineffective assistance of counsel.

In 2005, the defendant was charged with one count of assault and battery by means of a dangerous weapon, and one count of assault and battery on a child causing injury, arising out of allegations that he had physically abused his minor daughter. Following plea discussions, the defendant and the Commonwealth agreed to plead guilty on both counts, with concurrent sentences of one-year of confinement, suspended for two years, upon certain probationary terms. The defendant and the Commonwealth submitted a “Tender of Plea” form, also known as the “green sheet,” to the Lawrence District Court, outlining these terms.

Massachusetts High Court Strikes Down Mandatory Sentence of Life Without Parole For Juveniles

DECEMBER 30, 2013

Until last week, Massachusetts’ statute imposing a mandatory sentence of life without parole for those convicted of first degree murder applied equally to adults and juveniles who were under the age of 18 at the time of the crime. However, interpreting a 2012 decision from the United States Supreme Court, the Massachusetts Supreme Judicial Court (“SJC”) has held that denying such juveniles the opportunity to be considered for parole is unconstitutional under both the federal Constitution and the Massachusetts Declaration of Rights.

In 1981, Gregory Diatchenko, who was 17 years old at the time, stabbed a man nine times, killing him. Diatchenko was convicted of first degree murder and was sentenced to a mandatory term of life in prison without the possibility of parole. The sentence ensured that Diatchenko would die in prison.