Tuesday, January 24, 2012

Office featured in The Cape Ann Beacon

 The Law Office of Michael T. Cupoli III, located at 48 Central Street, Manchester-by-the-Sea, MA 01944 was featured this week in the business section of The Cape Ann Beacon.

The article showcased the resume of Attorney Mike Cupoli, including both his personal and professional accomplishments.  

The Cape Ann Beacon is a regional weekly newspaper, and may be found at numerous locations throughout the Cape Ann towns of Manchester-by-the-Sea, Gloucester, Rockport, and Essex.

The article goes on to describe the services offered by the new law office.  The Law Office of Michael T. Cupoli III is a general practice firm, though it does specialize in the areas of criminal defense and all aspects of real estate law.

Monday, January 16, 2012

Melanie's Law

Perhaps the most frequent area of law a Criminal Defense Attorney is questioned about in Massachusetts is Melanie's Law, the statute which deals with Driving Under the Influence (DUI).

Attorney Mike Cupoli of The Law Office of Michael T. Cupoli III which is located at 48 Central Street, Manchester, MA 01944 is no exception.  Questions about Massachusetts drunk driving laws are the most frequent.  This is followed closely by questions concerning the punishments which defendants face and how to navigate through the incredibly confusing bureaucratic web which the Commonwealth of Massachusetts has designed.

The first step is to contact a qualified criminal defense lawyer, such as Mike Cupoli.  Although this article contains good general information about Operating Under the Influence (OUI) laws, each and every case has a completely different set of facts, and must be dealt with on an individual basis.  Contact Attorney Cupoli for a FREE CONSULTATION today!!!

The crime is commonly referred to by many different names: Operating Under the Influence (OUI), Driving Under the Influence (DUI), Driving While Intoxicated (DWI), or simply as Drunk Driving.  The official name of the crime in Massachusetts is in fact Operating Under the Influence (OUI), but what you call it is irrelevant - the crime consists of the following elements:
  • Operating
  • A motor vehicle
  • On a public way
  • Within the jurisdiction of the Court
  • While intoxicated
The district attorney must prove each and every one of these elements in order to secure a conviction.  If you are indeed convicted, the penalties which went into effect upon the signing of Melanie's Law on October 28, 2005 increased significantly compared to the previous punishments proscribed by law.  Again, this law is complicated, and it is sometimes difficult even to ascertain which punishment may pertain to your situation and standing.  Below you will find some general information regarding the new punishments.  

Refusing a Breathalyzer
( Over age of 21 )

No Prior Convictions  - - - - - - - - - - - - - - - - - - - - - - -  180 days
One Prior Convictions - - - - - - - - - - - - - - - - - - - - - - -  3 years
Two Prior Convictions - - - - - - - - - - - - - - - - - - - - - - -  5 years
Three or More Prior Convictions - - - - - - - - - - - - - - - - - Lifetime

*** CDL Licensees:  Loss of CDL for one year on the first refusal and for life for a second refusal

Punishment if Convicted

First Conviction (Misdemeanor):     
     Fine - - - - - - - - - - - - - - - - - - $500 - $5,000
     Prison Term  - - - - - - - - - - - - - up to 2.5 years
     License Suspension - - - - - - - - - 1 year

Second Conviction (Misdemeanor):     
     Fine - - - - - - - - - - - - - - - - - - $600 - $10,000
     Prison Term - - - - - - - - - - - - - 30 days to 2.5 years
     License Suspension - - - - - - - - - 2 years

Third Conviction (Felony):     
     Fine - - - - - - - - - - - - - - - - - - $1,000 - $15,000
     Prison Term - - - - - - - - - - - - -  150 days to 5 years
     License Suspension - - - - - - - - - 8 years

Fourth Conviction (Felony):   
     Fine - - - - - - - - - - - - - - - - - - $1,500 - $25,000
     Prison Term - - - - - - - - - - - - - 1 year to 5 years
     License Suspension - - - - - - - - - 10 years

Fifth Conviction (Felony):     
     Fine - - - - - - - - - - - - - - - - - - $2,000 - $50,000
     Prison Term - - - - - - - - - - - - - 2 years to 5 years
     License Suspension - - - - - - - - -Lifetime

The above punishments are a simplification the minimum mandatory numbers contained in the statute, and do not include all of the possible punishments and other requirements forced upon defendants who are convicted of Operating Under the Influence.  Other punishments include: fines, fees, surcharges, court assessments, reinstatement costs, mandatory classes & education, and the Ignition Interlock Device.

The outcome of your case and the conviction you receive can vary significantly.  Having a skilled and experienced attorney like Michael Cupoli and The Law Office of Michael T. Cupoli III on your side can make all the difference.  Please call us today for a FREE CONSULTATION if you or someone you love has been charged with drunk driving.

Thursday, January 12, 2012

The Law Office of Michael T. Cupoli III appears in the local newspaper

The Law Office of Michael T. Cupoli III, located at 48 Central St, Manchester, MA 01944, was featured in an article in this weeks edition of The Manchester Cricket Newspaper.  You may view a picture of the article above, or visit their website at www.themanchestercricket.com

Attorney Cupoli is pleased to have been written about by the town paper, and would like to extend his appreciation to the Cricket staff for their article. 

Tuesday, January 10, 2012

Massachusetts CORI changes

What exactly is a CORI?  How does the Massachusetts CORI statute affect you?  What sort of changes are coming down the pike concerning the Massachusetts CORI statute?  And how can The Law Office of Michael T. Cupoli III help seal your record?

What exactly is a CORI?

The Law Office of Michael T. Cupoli III, located at 48 Central St, Manchester-by-the-Sea, MA 01944, specializes in Criminal Defense Law.  When you think of a Criminal Defense Attorney, images of Perry Mason or Jack McCoy of Law & Order come to mind - courtroom scenes of judges pounding gavels, juries pondering evidence, and the gripping opening and closing arguments.  But what happens when it is all over? 

Your "permanent record", which in the criminal justice system is called the Criminal Offender Record Information (CORI) system, is marked.  You now have a criminal history.  It does not matter whether you were found guilty, not guilty, innocent, the charges dropped, or whatever other outcome may be entered - your record is permanently marked with that information.

 How does the Massachusetts CORI statute affect you?

Your conviction or other disposition is entered into the Commonwealth's computer database, and a digital record now exists of your conviction. And so the question now is, how does that affect me in my everyday life?  Who can access that information and use it against me?  The answer is almost anyone, and it can potentially adversely affect you in every aspect of your life - employment, home rental or purchase, car lease/purchase, credit card or loan applications, and even the ability to go to college or graduate school for certain degrees.  Here is the short list of who can currently ask the Commonwealth of Massachusetts to look at YOUR CORI:

  • All criminal justice agencies
  •  Organizations that work with the elderly, disabled, or children
  •  nursing homes, schools, camps, hospitals, preschools, and government agencies serving these populations
  • Volunteers who will have direct unsupervised contact with clients
  • Adoptive and foster parents
  • Parents can request CORI reports for child care providers
  • Elderly and/or disabled people can request CORI reports for caregivers who will provide services in their home.
  • Housing agencies
  • A crime victim or witness can get permission from the DCJIS to see the CORI of the perpetrator.
And here are the two kickers:
  • Anyone can request a CORI report of a person who is in prison or was recently released from prison
  • Any other person or organization can apply for special permission to see a CORI report 
That's right friends and neighbors - anyone at all can apply to view your CORI, so long as they have a compelling reason to do so, or at least tell the State that they do.  And, as the law stands presently, the following are all permissable uses of your CORI against you:
  • Housing agencies can disqualify you from renting
  • Landlords may refuse to rent to you
  • Potential employers can question you about your criminal history
  • Employers can refuse to hire you
  • Your own child's school may prohibit you from volunteering at your child's school, with school sporting events, or any other work which puts you in contact with children
  • You may be denied the opportunity to be a foster or adoptive parent
  • Colleges and Universities can prohibit you from doing clinical work if there is contact with children, the elderly, or disabled involved at any stage
What sort of changes are coming down the pike concerning the Massachusetts CORI statute?

The Massachusetts CORI reform bill was signed into law by the Governor on August 6, 2010.  The good news is that this new reform will make sealing criminal records possible for more people, in more instances, and in less time from the date of the offense.  The bad news is that the process of properly sealing your record will still be an extremely confusing and difficult process.  That is where the legal experience and expertise of Attorney Mike Cupoli of The Law Office of Michael T. Cupoli III comes in.  It is absolutely essential that you have the assistance of a trained professional to guide you through this process, and do most or all of the work for you.

The types of questions employers may ask you will change, as will their ability to factor the answers to those questions into their hiring determination.  You will gain substantial rights in the employment process, including the right to know if your potential employer has any knowledge of your criminal convictions and/or is using that information in his determination whether or not to hire you. 

Another major change is that presently, one must wait fifteen (15) years to seal a felony and ten (10) years to seal a misdemeanor from the date of the final disposition of the case, including the conclusion of any prison or probation time to be served.  The reform now allows for a ten (10) year waiting period for felony convictions and a five (5) year waiting period for misdemeanor convictions.  The new, shorter waiting periods begin at the time of release from incarceration or the final court date if no jail time is included in the sentence. 

Under the new reform, individuals may through their attorney audit their CORI record.  This audit will reveal who accessed the record and for what purpose.  This new reform will be a powerful tool in employment related anti-discrimination matters!

However, despite the new changes, it should be noted that employers, landlords, professional licensing boards, law enforcement, and many others will still have complete access to your CORI - AND the State is going to put all this information online to make it easier for those wishing to review your CORI record!

And how can The Law Office of Michael T. Cupoli III help you?

If you have ever been involved in the criminal justice system, then you have a CORI. If you are applying for a job, an apartment, filling out a loan application, or in any other situation where you may have a "background check" done - you need to see Attorney Michael Cupoli first!  I can help you get your record sealed, so that almost no one can view your past indiscretions.  I can help you seal felonies, misdemeanors, and most other types of entries on your CORI report.  This is the best and most effective method of dealing with any past convictions or other entries.

However, if you have not sought out my services, and you run into difficulties with employers or others who continue to ask about your previous criminal convictions AND they deny you employment, housing, loans, or otherwise discriminate against you - you may have a case against them.  Call Attorney Mike Cupoli at 508-776-7591, or come into The Law Office of Michael T. Cupoli III located at 48 Central Street, Manchester, MA 01944. 

The Law Office of Michael T. Cupoli III
48 48 Central Street
Manchester-by-the-Sea, MA 01944


Friday, January 6, 2012

Grand Opening

Greetings and welcome to the official blog site of The Law Office of Michael T. Cupoli III.  The office is located at 48 Central Street, directly on the inner harbor of Manchester-by-the-Sea, Massachusetts.

The rear view from our office, always plenty of free (and scenic) parking!

The Law Office of Michael T. Cupoli III is a general practice firm, though we do focus mainly in all areas of Criminal Defense and Real Estate Representation.

Although we focus mainly in the areas of Criminal Defense and Real Estate representation, The Law Office of Michael T. Cupoli III is also proud to serve our clients in the following practice areas:  Bankruptcy, Contracts, Family Law & Divorce, Social Security Representation, and Wills, Trusts, & Estates.

Attorney Mike Cupoli is also a licensed real estate broker in the Commonwealth of Massachusetts, who focuses mainly on the buyer-broker side of the real estate business.  Having Mike Cupoli on your side as your dedicated buyers broker is the key to a smooth transaction.  Real estate transactions in Massachusetts are extremely complicated, full of pit-falls, and open both buyers and sellers to huge risks and liabilities.  You can trust that Attorney Cupoli's years of experience could save you THOUSANDS of dollars through tough negotiation and savings at every step of the process.  

As a small firm, I am proud to be able to say that we are able to to offer you the individual attention you need and deserve.  Each client at Cupoli Law is treated with dignity, respect, and offered a compassionate ear coupled with skilled and determined legal representation.

Our goal at Cupoli Law is to provide the highest level of customer service to our clients by providing effective solutions to your legal needs and zealously advocating for your rights.  If you have any legal or real estate needs, don't hesitate to contact us:

48 Central Street                                                                                                        
Manchester-by-the-Sea, MA