If you have beencharged with operating under the influencefor a second time and your previous operating under the influence conviction or guilty plea (including a guilty plea or aCWOF) was more than ten years ago, you may be eligible for a Cahillsecond-offender disposition. ; it helps to have the prosecution, and thus the judge, on board (which is often the result of having a minimalcriminal record).
The main eligibility requirements for a Cahill disposition are that you only have only one prior operating under the influence charge that occurred ten or more years ago.
24D and Cahill Disposition
However, ourMassachusets sets DUI attorneyadds, even if you meet the requirement of only having one prior operating under the influence offense that occurred ten or more years ago, there is no guarantee that you will ultimately receive a Cahill disposition: the judge has the discretion to impose traditional or alternative second-offense penalties (which can besubstantially more severe), see above).
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It thus helps to have the prosecution “recommend” to the judge that the case be resolved with a Cahill disposition on board with your plan of treating the case as a second-chance24Drather than a traditional or alternative second-offense disposition. Having the prosecution on board will often lead to the judge being more on board with approving the disposition.
Often, whether or not the prosecution, and thus the judge, will approve of a Cahill disposition under 24D comes down to whether the defendant has a prior criminal record, and if so, how extensive the record is. An extensive record means that a prosecutor will be less likely to consent to a lenient disposition.
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