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Attorney James M. Milligan

Attorney James M. Milligan
Experience:  21 Years
Area Served: Massachusetts

306 Washington Street
Norwell, MA, 02061

Attorney Message

I am a seasoned Massachusetts drunk driving defense lawyer dedicated to aggressively representing and defending people charged with drunk driving (OUI, DWI, DUI). I am one of the only few lawyers in Massachusetts that is board certified in drunk driving defense. I am the chair of the Massachusetts continuing legal education courses on handling OUI cases and have lectured other Massachusetts lawyers  how to best defend clients charged with drunk driving.  I handle more drunk driving cases a year in Massachusetts than most attorneys do in their career. If you've been charged with OUI give me a call. I offer a free case evaluation.

Areas of Practice


Verification- Supreme Judicial Court of Massachusetts

  • Last verified: 2/18/2014
  • Current status is Active
  • This attorney has no record of public discipline.
  • This attorney has certified that he or she is covered by professional liability insurance.



Massachusetts School of Law, J.D., 1998
Allegheny College, B.A., 1995

Bar Admissions

Massachusetts, 1998

Professional Associations

Massachusetts Bar Association
Massachusetts Continuing Legal Education
National College of DUI Defense
Massachusetts Association of Criminal Defense Lawyers

About Me

About James Milligan

James Milligan is one of the only few lawyers in Massachusetts that is board certified in drunk driving defense. He is the chair of the Massachusetts continuing legal education courses on handling OUI cases and has lectured other Massachusetts lawyers how to best defend clients charged with drunk driving (OUI, DWI, DUI). Attorney Milligan is a seasoned and experienced drunk driving lawyer who handles more drunk driving cases a year in Massachusetts than most attorneys do in their career.

Attorney Milligan is a member of the National College for DUI Defense (NCDD), the National Association of Criminal Defense Lawyers (NACDL), and the Massachusetts Association of Criminal Defense Lawyers (MACDL).


Attorney James Milligan has affirmed the following reviews are authentic.

Avvo Reviews

" I have just finished reviewing all of the written documentation on my DUI arrest. James listened very carefully about my physical issues and details of how the police handled the case and my arrest. Like many of you, I’ve never been in “trouble” with the law and being identified and treated, as a criminal was a very unsettling. The first lawyer I hired discouraged my desire to appeal at the RMV. He said, “Nobody ever wins there.” That may be true, but I wanted a legal advisor to give me every chance and opportunity to plead my case and obtain a favorable outcome. I fired him. James and I researched the law, discussed strategies and went to court with a well thought out plan. I felt I was treated unfairly on many levels by the state but Mr. Milligan was able to focus on issues that would result in a positive outcome regarding my trial. The important stuff: 1. He is readily available. He returns calls ASAP. 2. His office staff is caring, competent and understands and knows how to deal with our frustration. 3. He has some serious courtroom credibility. He identifies and amplifies testimony that helps his client. 4. He has a great understanding of the courtroom process. He is well versed in the intricacies of choosing a jury or a judge for your trial. This choice is influenced by factors that occur right up to the last second. 5. He knows and is respected by the court personnel, officers, judges, secretaries and many of those employed in the justice system. 6. He possesses a demeanor, personality and mindset that are aware and respectful of the law and the people involved. 7. He understands truth, compassion, and fairness and will do his best to help you get the best outcome possible. 8. Well after the trial was over, his office responded to my requests for information. My son, who is a reporter, accompanied me to my pre trial and trial. He has had the opportunity to view and hear many court cases. He said, “Dad, you picked a great lawyer. He is smart, asks great questions and seems to be personally invested in providing you with a good outcome.” As I sat and watched the proceedings while waiting in the courtroom for my trial to begin, I became aware that Jay Milligan possesses a burning desire to do his best for the clients he represents. Jay understands how difficult it is to deal with getting a DUI. Depending on the facts, and your circumstances, I’m sure Jay can offer you the best advice to mitigate possible monetary or freedom penalties. Attorneys with his skills in the Boston area, demand a much higher fee for services."

By Mike, a DUI client

"Jay was always available to talk about and go over my case. His knowledge and expertise on my situation was outstanding, and he always made me feel comfortable and confident. Jay is a very highly skilled lawyer, and I would absolutely recommend him"

By OUI client

"I am so thankful that we hired Attorney James M. Milligan Jr. and that he took on our case. I did not want my son to take a plea to a CWOF (Continuance without a Finding); cause I knew this would hang over his head for the rest of his life. This was a hard lesson he learned at such a young age, but thankful for the outcome due to Attorney Milligan’s experience in the courtroom and his high expertise and knowledge with the laws"

By Tewksbury parent

"I am extremely happy with this outcome. An open container charge carries a 500 dollar fine, but it does not follow me around for the rest of my life and essentially ruin my career. Given the details of my case, many people thought I would not get out of my charges. But, Jay originally said he was goal-oriented and he was in fact goal-oriented. I would highly recommend Jay to anyone who is in need of legal help in which Jay specializes in. I firmly believe he is the best and if I am in need of legal help again, I am turning to Jay"

By DUI client

"Jay was a superb lawyer from the first time we met to our last day in court. I had spoken with several other DUI attorneys in the area before meeting Jay. I immediately knew I wanted him on my side in this situation. He was always so professional, prompt and informative- never hesitating to answer my abundant questions. This my first time dealing with something like this but having Jay there made it infinitely less stressful. We got a positive outcome on my case and I can now move on with my life and career. I owe this peace of mind to Jay and all his hardwork over the past year. I highly recommend him to anyone looking for a skilled DUI attorney. "

By Jill

"Mr. Milligan was instrumental in my case as he was able to assist me with reinstatement of my driver's license. Not only was he efficient, responsive, and knowledgeable, but he kept me very well informed throughout the duration of the case. Mr. Milligan's background and experience with RMV affairs allows his clients to feel very supported. I am grateful to have had his help during a stressful and difficult time."

By DUI client



Legal Questions & Answers

Your son needs to file a Complaint in the Worcester Probate and Family Court seeking custody and a motion for temporary custody immediately. It is true that an unmarried mother in Massachusetts has custody in the absence of a court order to the contrary.

You are eligible to get your license back for $500. You do not need to bring anything with you and you can go to either Boston or Lawrence.

It sounds Ike you have a good case to defend. If you would like a free consultation please call me at your convenience. Also, if you refused to take the breath test there may be a way to challenge that refusal or because of your prior if it was a CWOF there may be a way to reduce the suspension from3 yrs to 180 days. I look forward to hearing from you. Thank you and good luck.

If you and your husband are reconciling, you need to sign a stipulation of dismissal of the divorce, and counterclaim, if any. Under the Rules of Domestic Procedure, any party that has appeared in the action, must sign a consent to dismissal. Otherwise it would have to be dismissed by a judge upon motion.

There are factors under Massachusetts law that a judge must consider when ordering a distribution of marital assets. These include length of the marriage and contribution to the marital enterprise as well as conduct during the marriage. This could include depleting marital bank accounts in an irresponsible way. Surely the judge would consider these factors when deciding on a distribution.

You should contact a Lawyer in NJ to clear the warrant. Please be careful because any warrant in another state may result in the suspension of your license here in Mass. Also, if you are found guilty there may be additional license ramifications in Mass as well. If you would like a free consultation please get in touch with me.

As long as the vehicle was running, the law considers that to be operation, that is, if you engage any mechanism within the vehicle which alone or in sequence may tend to set the vehicle in motion. There may be some issues with the location where you parked your vehicle on whether it is a public way. I would like to know more about the encounter with the police officer. For a free consultation please feel free to give me a call at your convenience.

There is a Complaint for Separate Support available in Massachusetts. It would govern issues of the marital home as well as custody, support and visitation. I always caution my clients about the practicality of this device. You would go through all the machinations of a divorce but not be divorced at the end. Of course a complaint for divorce always supersedes a separate support action.

The first step is to find a MA lawyer who focuses on OUI/DUI defense in Dedham District Court. From there the process of fighting the case begins with a pre-trial conference date to make sure that we have all of the discovery necessary to defend the case. From there, we may or may not file motions on your behalf to flesh out Miranda violations or other violations of your constitutional rights. Once that is done a trial date will be set where we will have an opportunity to cross examine the officer and present our evidence. I handle a fair amount of business in Dedham District Court and am very familiar with the District Attorneys and Judges in that Court. For a free consultation from a Board Certified Lawyer in OUI/DUI defense please feel free to contact me.

It sounds like you have a great case to fight and defend. I assume we can document your hours. Also, the field tests generally are not a reliable indicator of impairment. For a free consultation from a board Certified MA OUI lawyer give me a call or go to www.Massachusetts-drunkdriving.com

Unless the Massachusetts State Trooper has a warrant to take your blood they cannot force you to provide a sample of your blood. Like breath testing, they can ask you to submit to a blood sample if you are in a hospital and under arrest for OUI. Otherwise they do not have any right to force you to provide a sample of your blood for testing. You should speak with a certified drunk driving attorney to determine your course of action. Feel free to contact me for a free consultation - www.Massachusetts-drunkdriving.com

The Police can and usually will ask you to perform the field exercises regardless of physical issues and then indicate that they took the ailment into account even though they for the most part have no medical training background. I would say that you have a a real good case to defend. For a free consultation from a Board Certified Lawyer please give me a call at 617-851-7155 or visit my website at www.Massachusetts-drunkdriving.com. Thank you. Jay Milligan.

ou have more than one issue here. First, is this an alimony case, meaning is there a disparity in your incomes that could allow a judge to award alimony? The length of your marriage is a factor here. Residing with your significant other also is a factor that would prohibit you from obtaining alimony. Secondly, are there children involved? If so, your significant other's income would not be counted toward a child support award. However, his contributions toward the household and your expenses must be disclosed on your financial statement and MAY, but not must, be considered by a judge when setting child support. Thirdly, I would not recommend obtaining assets while you are still married. You certainly have an argument that these assets are yours, however, there is case law that states that this is not always the case. You need to consult with a divorce attorney as its better to proceed with your divorce now rather than risk the consequences of doing nothing.

The Police can and usually will ask you to perform the field exercises regardless of physical issues and then indicate that they took the ailment into account even though they for the most part have no medical training background. I would say that you have a a real good case to defend. For a free consultation from a Board Certified Lawyer please give me a call. www.Massachusetts-drunkdriving.com

A custodial parent may not remove the child from Massachusetts without the consent of the other parent or order of the court. The temporary restraining order here makes no difference. The wife needs to apply for and receive permission to remove the child before she leaves. The husband in these circumstances could obtain an order compelling the child's return to Massachusetts if the wife leaves with the child before receiving the court's approval to do so. You may learn more on my website www.GeoffreyGerman.com. Good luck.

It is entirely possible that you have a warrant for your arrest. You can go to MassDot.gov and request a copy of your driving history from the RMV and see if that indicates a Warrant out for your arrest as the Courts will typically report such warrants to the RMV to suspend your license. Should you need help to resolve this issue please contact Attorney Milligan at 617-851-7155 or visit my website at www.Massachusetts-drunkdriving.com.

There is a new alimony statute in Massachusetts enacted in 2012. The alimony that may be ordered is generally linked to the length of the marriage. You may learn more at my website http://www.GeoffreyGerman.com.

The parents of a new born child cannot file anything in court until the child is born. If the father signs the birth certificate he can file a complaint to establish custody/support/visitation pursuant to MGL c. 209C. If putative father has not signed the birth certificate a complaint to establish paternity may be filed. Either party may file in either of these situations. Feel free to contact us to discuss the matter further. www.GeofferyGerman.com.

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Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County.

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