Tips to Prevent Legal Problems on Halloween

This year Halloween lands on a Saturday therefore a lot of adults will head out to the bar, enjoy a party or head to other celebrations. Putting on a costume and cutting loose might end up causing problems if you end up intoxicated and in trouble.

The roadways are going to be packed with youngsters’ trick or treating so you will need your best judgement when you’re out to ensure everyone’s’ safety.

In this article, we will explore tips to avoid legal trouble during Halloween activities plus how to have a safe and fun holiday.

Drive With Extra Caution

If you must drive during Halloween, then you’ll need to take extra precautions.

  • Watch for children on Halloween night. Many will be out trick or treating so take it slow and easy. Be prepared for a child to dart out in front of your auto. Kids rarely think about busy roadways during the fun of the moment, so you’ll want to remain vigilant and watch for youngsters in dark costumes.
  • Put your phone away and keep your eyes on the road. Place your phone in your pocket while driving to avoid being pulled over for distracted driving with your  cellphone.
  • Do not drink and drive! This might sound like common sense but when you are drinking your inhibitions are often lower than normal. You might think you are not drunk and can safely drive but even one drink is too many to climb behind the wheel.

If you have been drinking, ask a sober friend to drive, call a cab, ride a bus, or use a service like Uber or Lyft to get home.

If you are charged with a DUI, then you’ll need an experienced defense lawyer. Contact Oberhauser Law to schedule a consultation.

Avoid Criminal Trespass

Don’t get any crazy ideas when it comes to Halloween festivities. We’ve all heard of pranks being played on unsuspecting neighbors such as egging houses or covering someone’s property with toilet paper. It’s not a good idea.

When you enter another person’s property without permission and become destructive whether it is a residential house or a shopping mall strip you are considered to be trespassing.

It may seem like a silly prank to smash a pumpkin, knock down a skeleton or throw toilet paper, the bottom line is it is illegal.

Criminal trespass generally is not considered to be a serious crime however it could lead to other charges like disorderly conduct or public intoxication.

If a friend mentions a crazy prank, you should recommend you go back to your house and watch a funny Halloween movie instead.

Assault and Domestic-Related Charges

You should avoid triggers and stressful situations when celebrating in homes with small groups of friends and family.

All though it may sound like a good idea to have a few friends over, many smaller gatherings also feature alcohol which can lead to flared tempers, assault charges and other incidents of domestic-related charges if things get out of hand.

This might be even more prevalent due to the world’s current stressful situations. Many people are facing record unemployment, everyone is on edge because of the pandemic, not to mention varied political views and protests.

Consider all of those aspects before creating your guest list. If you know a particular person is outspoken about things that others will be upset with simply don’t invite them.

Remember, alcohol and disagreements do not go well together. It is a situation which could very likely end up in a fight leading to assault or domestic related violence.

COVID-19 Safety This Holiday Season

The nation is still gripped in a global pandemic. As of October 2020, over 200.000 lives have been lost to the deadly virus.

According to the Centers for Disease Control and Prevention (CDC), everyone must take necessary steps to not only protect themselves but also their community. Here are just a few COVID-19 safety ideas:

  • Wear a face mask to not only protect yourself but others
  • Avoid large gatherings
  • Practice social distancing
  • Minimize travel
  • Wash your hands frequently with soap and water or use a disinfect with at least 60 percent alcohol

At Oberhauser Law, we are here for you if you are facing criminal related charges this Halloween. Please contact our law office to schedule an appointment and discuss your unique situation. 978-452-1116


Attorney Gregory Oberhauser

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Gregory Oberhauser is the ONLY attorney in Massachusetts to be distinguished as an ACS-CHAL Forensic Lawyer-Scientist by the American Chemical Society!

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