Boston Criminal Lawyer Blog

The Massachusetts sexual crime case against Austin Renaud, one of the ex-South Hadley High School students charged with statutory rape in the Phoebe Prince suicide-bullying case, is scheduled go to trial next year. The 18-year-old has been charged as an adult. He has pleaded not guilty to the rape charge.

Renaud is accused of having sexual contact with Prince, the South Hadley High School freshman who killed herself in January. However, according to his criminal defense attorney, Renaud considered Prince a friend and had even cut ties with his ex-girlfriend and the others who are accused of bullying her.

According to prosecutors, the girls accused of bullying Prince resented Prince’s relationships with Renaud and Sean Mulveyhill, then 17, who has also been charged with statutory rape against Prince. Four other teens face Massachusetts criminal charges related to Prince’s suicide. The teens are accused of bullying Prince in person and online.

If Renaud is convicted of statutory rape, he could go to prison for life. He and the other five teens have been suspended indefinitely from their high school.

The crime of Massachusetts statutory rape is a serious offense that involves sexual intercourse or unnatural intercourse with a person under age 16. Even if a defendant didn’t know that the person was that young, he/she can still be convicted of Massachusetts statutory rape.

Trial date slated in bullying case, MassLive, October 27, 2010

Teen charged in Mass. bullying case heads to trial, Washington Post, October 26, 2010

Life a struggle for six teens accused in Phoebe Prince case, IrishCentral, October 14, 2010

Related Web Resources:
Phoebe Prince Timeline

Massachusetts Law About Sex

Continue reading "Trial Scheduled for Teen Charged with Statutory Rape in Connection with Phoebe Prince Massachusetts Bully Case " »

Perhaps it is my fault. Maybe I have been concentrating on tales of police investigations into crimes like murder, robbery and assault, that I have neglected to remind you that the “self-help” approach is seldom applauded in criminal justice.

I know that this may be counter-intuitive for many of you, but if an unknown gentleman climbs through your window at night and, after noticing you, suddenly freezes and says, “Oh [expletive]!”, you do not have the right to simply pick up your trusty bazooka and simply wipe him off the face of the Earth.

Let’s take a specific example. Jose C., a Lawrence gentleman (hereinafter, the “Defendant”), was leaving a friend’s house on Monday when he was accosted.

He was approached by two men with weapons who demanded that he give them money.

The Defendant explained that he had no money to give them.

The men apparently took the news in stride; they stole his car instead.

Continue reading "Massachusetts Carjacking Leads To Gun And Assault Charges" »

In Lynn District Court, Fernando Aristy, a 24-year-old Chelsea man, has pleaded not guilty to the charges of Massachusetts murder, assault and battery with a dangerous weapon, and assault to murder. Aristy is accused of injuring 34-year-old Peabody resident Chad McDonald so severely during a fight earlier this month that the latter never recovered.

However, according to Aristy’s Massachusetts criminal defense lawyer, the Chelsea man had been acting in self-defense. Witnesses have reported at one point during the dispute seeing McDonald pull out a screwdriver that they mistook as a knife. They also say that he started the fight.

Aristy and McDonald had reportedly argued a week before the deadly brawl about a parking disagreement. During the fight, Aristy allegedly struck McDonald with a 2-by-4 piece of wood and then later fled the scene.

According to The Salem News, following the fight McDonald seemed unaware that he had sustained severe head injuries. He returned to the business where he worked and was living temporarily. A friend came to check on him after he failed to show up for a yard sale and that was when he was transported to the hospital.

Aristy turned himself over to Lynn police earlier this week.

Man held in death of a local father, 34, Salem News, October 27, 2010

Lynn man pleads not guilty to murder charge after fight, Boston.com, October 27, 2010

Related Web Resource:
General Laws of Massachusetts - Chapter 265 Crimes Against the Person, Onecle

Continue reading "Chelsea Man Pleads Not Guilty to Massachusetts Murder Charge in Deadly Brawl " »

The news has gotten even worse. Hours after law enforcement announced that a second person shot during this weekend’s shootings had died, there was yet another fatal shooting in Boston.

This shooting victim was a 30-year-old man who was shot on Geneva Avenue in Dorchester at approximately 8 p.m. He was pronounced dead at Boston Medical Center.

Police are investigating a possible gang or drug connection and looking for a black Cadillac Escalade seen leaving the scene shortly after the shooting. Ruiz did not name or describe any possible suspects, saying that the driver of the Cadillac was only wanted for questioning.

And so, with bodies piling up, law enforcement continues its investigation(s). There are a number of leads. Some will turn out helpful and lead to the factually guilty. Others will inevitably not be so helpful (in terms of Justice) and lead to the innocent.

Perhaps they will lead to you or somebody you care about.

Continue reading "Boston Police Investigate Yet Another Murder, Bringing Weekly Shooting Body Count To Seven As Of Monday (CJS Perspectives – Part II)" »

How many of you thought that the Boston police and probation officers were over-reacting when you read my blog last week about their “late night calls” on probationers? As you may recall, it was in response to the rise of the homicide rate. Well, it would appear that these late night visits have not made that big a difference quite yet.

We have had another one of those “record weekends” in terms of shooting deaths this past weekend. Police are still investigating the shootings in the three Boston neighborhoods to find those responsible.

Yes, that means high profile arrests. Yes, that means you had better be careful, lest the finger of accusation make its way to your door.

Speaking about the shootings, these left one woman dead and five men wounded, Commissioner Edwin F. Davis has said that there are some “promising leads” already. He further added that, “It was a very unusual day to have that many incidents occur, We have noted spikes in this kind of activity before, and unfortunately, we’re experiencing one again this weekend.’’

Yes, accent on the word “again”…not so much on the word “unusual”. This is not even the first time we have had such a weekend this year.

Continue reading "Boston Police Officers Investigate Weekend Shootings And Homicide …Again (CJS Perspectives -Part I.)" »

With jury members now selected, opening statements are scheduled to begin in the Chandry Levy murder trial on Monday. The 24-year-old woman was murdered in 2001 after she was attacked while jogging in a park. Her body was found over a year later.

At the time of her disappearance, Levy was the end of her federal internship at the U.S. Bureau of Prisons. The focus of the police investigation was originally directed at Gary A. Condit, a former congressman who had been her married lover. Condit was never charged.

The man who is on trial for Levy’s murder is Ingmar Guandique, a member of the Salvadorean gang Mara Salvatrucha. Guandique was sentenced in 2002 for attacking two other women at the same park where he allegedly attacked Levy. Officials claim that while Guandique was serving time for those crimes he told other inmates that he had murdered the intern.

According to The Washington Post, prosecutors are largely basing their murder case on this alleged confession. His former inmates say that Guandique told them told he raped and killed Levy. Authorities say that Guandique had a magazine photo of Levy in his jail cell. Prosecutors may also try to prove that his prior assaults and the Levy killing exhibit a pattern of behavior.

Meantime, Guandique maintains that he is innocent of Levy’s murder. In 2002, Guandique did not fail a polygraph test when he was questioned about whether he had any information about Levy’s disappearance. After the polygraph, the lead prosecutor on Guandique’s assault case told a judge that there was “no suggestion” that Guandique played a role in the Levy killing. Also, Guandique’s defense team have questioned the police investigation, including a memo that cleared Guandique and another man of any match in fingerprints found on a vehicle that was parked close to the crime scene.

There are no eyewitnesses or evidence linking Guandique to the murder.

Police errors expected to figure prominently in Levy trial, The Washington Post, October 24, 2010

Trial may start Monday in Chandra Levy murder case, CNN, October 23, 2010

Related Web Resources:
Chandra Levy mystery: A timeline, USA Today, May 22, 2002

General Laws, Malegislature.gov

Continue reading "Chandra Levy Murder Trial Begins" »

You may have noticed that many Massachusetts crimes are ones in which the defendant had to have had the pre-requisite intent to commit the crime. The element of intent is not, however, necessary for all criminal acts.

For example, let’s say that I had a really bad day today and so, it being Friday and all, I decided to go down to my favorite watering hole and down an alcoholic beverage or five of my choosing. I then made the colossal mistake of trying to drive home. There is an accident and I hit another vehicle and kill them. This is what is known as vehicular homicide.

True, I did have a few drinks, but I certainly did not mean to hurt, much less kill, anybody. Further, I was certainly not in my right mind when I got behind the wheel. I was drunk.

So...what can I be guilty of...just drinking?

Of course not. The law presumes that we intend the natural result of our actions. It also holds that we accept a certain amount of risk under certain circumstances. When I went out to drink, I knew I would, or may, get drunk. Voluntary intoxication is not a defense to an act you commit simply because you were drunk. Therefore, I am guilty of drunk driving. By the same logic, I am also guilty of vehicular homicide.

Continue reading "Attorney Sam’s Take: “But, Officer, It Was Not My Intent To Assault Him (That Badly)!”" »

As the Chuck Turner trial churns on, other white collar crimes are being investigated in the Commonwealth of Mass. The potential defendants include folks from all backgrounds...even the mentally impaired.

Let’s turn to the town of Lowell. On Tuesday, staff at a local bank suddenly became suspicious when they came upon a rather unusual bill.

What was strange was the amount of the bill. It was a $10,000 bill.

Unless the bearer of the bill (hereinafter, the “Bearer”) had been saving the bill for a very long time, it was clear that the bill was false. You see, it would appear that such bills were released in a very limited amount back in the 1930’s.

The bills are no longer in circulation.

Continue reading "Massachusetts Federal Officers Investigate The White Collar Crime Of Counterfeiting" »

Sometimes, criminal justice reality in the Boston area reveals itself, as if on cue, to demonstrate points made by this daily blog. Since Friday, I have been referring to the inequality between the resources of the prosecution and the defense. Another example has presented itself during the ongoing Chuck Turner federal trial for alleged white collar crimes.

As you know, Mr. Turner is on trial in a corruption matter which was related to that of Diane Wilkerson. Thankfully for the United States Attorney’s office, Ms. Wilkerson pleaded guilty. Mr. Turner, however, has insisted the prosecution prove him guilty beyond a reasonable doubt.

As I have pointed out in the past, the federal prosecutors rarely go to trial on a matter unless they have a strong chance of winning.

This one, however, may not go so well.

You see, their chief witness, Ronald Wilburn, has indicated that he now refuses to testify for the prosecution. Last week, there was a session in which he was questioned by the judge, but the results have not been revealed. When WBZ interviewed me last week, I explained that the potential loss of said witness would not necessarily derail the prosecution so long as they had someone else to authenticate the video tape of the alleged crime.

Continue reading "Federal White Collar Criminal Trial Exposes Inequality Between MA Prosecuting And Defending Attorneys " »

Dana Kessel, 40, has pleaded not guilty to the charges of Massachusetts child endangerment, third-offense drunken driving, and driving to endanger. The charges are related to a car crash that left his 2-year-old son with serious injuries. Kessel was arraigned in Salem District Court.

The Beverly resident crashed his minivan into a utility pole on Saturday. His son, who was with him at the time and not wearing a child safety restraint, flew into the dashboard. The little boy suffered internal bleeding and sustained a head wound.

According to police, Kessel, who failed several field sobriety tests and couldn’t remember his son’s name or age, was arrested. His blood alcohol content, which was tested at the police station, was over twice the legal limit.

A judge has ordered Kessel to undergo a 30-day alcohol treatment program. He also was ordered held without bail at a state hospital pending a dangerousness hearing. Kessel’s driver's license was suspended for five years because he refused to complete a chemical breath test.

Kessel’s criminal defense lawyer says that his client admits he has a problem with alcohol and will “comply with his treatment.” If Kessel is convicted, this will be his third OUI offense. He faces a mandatory minimum 150 days in jail and his license would be revoked for 10 years.

Massachusetts Drunk Driving
It is important that you take your arrest for Boston drunk driving seriously. A guilty judgment can impact your ability to drive, your insurance, career, ability to earn a living, and personal life and land you in jail. There are steps that an experienced Boston drunk driving defense attorney can do to help secure the best outcome possible for your criminal case.

It is important that after you are arrested for a Boston DWI or OUI that you refrain from driving if your license has been suspended, show up for court when ordered to be there, and not discuss your Massachusetts criminal case with anyone but your defense attorney.

Dad accused of 3rd DUI, Salem News, October 19, 2010

Judge orders driver to attend alcohol program, Boston Herald, October 19, 2010

Beverly man charged in drunken driving crash that injured his 2-year-old son, Boston.com, October 18, 2010

Related Web Resources:
Massachusetts Law About Drunk Driving

Dealing With a DUI or DWI Charge, Nolo

It is late on a fall Boston night. As your eyeballs begin their dance of slumber, a loud banging on the door shatters the peaceful quiet and wakes you up with a jolt. The baby is crying and the elderly peek out their doorway in fear.

Who can it be? A violent group of thugs? Are you dreaming you are in another country where tyranny rules?

No...it’s just the police and your friendly neighborhood probation officer.

You know... our domestic peace keepers.

Violent crimes such as homicide and shootings are up in number this year. This has given law enforcement officials a new sense of urgency to respond aggressively and visibly.

Continue reading "With Murders On The Rise – Boston Police Seek New Ways To Arrest Those Who Violate Probation. " »

The attorneys in the Chuck Turner corruption case are expected to make opening statements today, Already, however, issues have arisen which cast doubt on Mr. Turner’s ability to have a fair trial. In other words, from the defense’ view, should there be a conviction, appeal issues have already begun to present themselves..

Last week, we discussed the government’s witness who no longer wishes to be a witness in the white collar criminal case

As the week went on, jury selection began.

As you know, the purpose of jury selection is to pose various questions to prospective jurors to weed out those who cannot be fair and impartial to both the defendant and the government. One of the areas in which the court inquires is whether or not the prospective jurors already have heard anything about the case prior to the trial. This is because the jury is supposed to limit their consideration of the facts to the evidence as presented at trial.

As you also know, every fact that exists about a matter, or that was reported in the press, is not necessarily admissible at trial.

Well, it would appear that many of the prospective jurors in the Turner case already knew something of this case prior to coming to federal court to potentially sit on it. Some knew the basic outline of the federal corruption case, others barely anything at all.

But one thing was engraved on the minds of many: the explosive photographs of former state senator Dianne Wilkerson and Turner allegedly taking bribes in 2007 and 2008

In particular, several prospective jurors mentioned a widely disseminated picture of Wilkerson stuffing 10 $100 bills into her bra at No. 9 Park, a posh restaurant near the State House.

Game over for said potential jurors? Not quite.

Continue reading "Jurors Already Aware Of Evidence In Corruption Case In Federal Criminal Trial" »

After reading the latest supplement to the Newsweek stories on bullying, this time including only one sentence of mine, I looked to the day’s news.

As usual, I was given another example of adults demonstrating the kind of civility which would make most kids blush. This time, the topic was funding in the criminal justice system. It was the angry, yet smugly calm, prosecutors vs. The shrill and angry defense attorneys.

The scene was a staid State House press conference inside what the law enforcement side referred to as “hallowed halls”. Just the place to argue about money. Of course, the place was so hallowed because of a new nation being birthed because of governmental tyranny.

Kind of ironic that it was the government seeking more funding to battle the court appointed lawyers for the indigent citizen who was blessing the hall.

In the criminal justice system, reality tends to mock itself

Continue reading "Attorney Sam’s Take: Battle For The Boston “Bully Pulpit” – Prosecutors Vs. Defense Attorneys" »

Yesterday morning, as I was driving to the Boston Municipal Court, I received a text message from Altman & Altman’s fearless leader, Attorney Steven Altman.

Uh-oh. What to do when the big man summons?

Well, in this case, what I did was...nothing. In case you have not been paying attention, there is a new law in town which outlaws, among other things, texting while driving. Once a frequent offender, I have embraced the new law as a way to drop this bad and dangerous habit.

What’s that? You think the new law is stupid and over-emphasizes the precariousness of surviving driving on today’s Massachusetts roads? Hmm...maybe you are right. Let me think on that as I peruse yesterday’s news stories.

Well, first I see why my arrival at the BMC was so late yesterday. I drive on Route 107.

Boy, was there a tie-up!

Apparently, A 61-year-old Peabody woman died thereabouts after a front wheel came loose on her car, the vehicle went out of control, careening into the Saugus River near the Revere-Saugus line, authorities said.

Continue reading "Vehicular Homicides, Drunk Driving And Other Dangers On The MA Roads...Over-Emphasized? " »

The teen mother accused of throwing her newborn 17 feet into an East Boston Alley after giving birth to him in a bathtub on September 20 has been arraigned. In East Boston District Court on Tuesday, 18-year-old Eva Flores pleaded not guilty to the charges of Massachusetts assault and battery of a child under 14 with injuries and reckless endangerment of a child.

Flores, who is not only an East Boston High School student but also an illegal alien from El Salvador, is being held on a federal immigration detainee. Bail has been set at $1,500.

According to prosecutors, Flores was trying to keep her pregnancy a secret. She gave birth at the apartment where she lived with her stepbrother and mother. The baby boy, whose name is Angel, was severely injured during the fall. His injured include brain swelling, brain seizures, brain lesions, hypothermia, facial and head abrasions, seizures, hemorrhaging, and bleeding at multiple points. Some of his injuries are likely permanent.

Flores has said that she wants to keep her child. Angel is now in the custody of child welfare authorities but continues to stay at Massachusetts General Hospital.

Prosecutor Leora Joseph contends that Flores tried to conceal her actions by taking off the bathtub drain, shoving her umbilical cord down it, and then putting the grate back on. She was recently evaluated at Massachusetts General Hospital and a psychiatrist has been monitoring her since the incident.

Teen mom arraigned after baby thrown in trash alley, Boston Herald, October 13, 2010

East Boston teen pleads not guilty to charges she threw baby out the window, Boston.com, October 12, 2010

Related Web Resource:
Crimes against the person, Massachusetts General Laws

Continue reading "Teen Mother Accused of Throwing Her Newborn Baby 17-Feet Down Into Alley Pleads Not Guilty to Massachusetts Reckless Endangerment and Assault and Battery of a Child Under 14" »

The federal white collar trial for City Councilor Chuck Turner is set to begin today. Already, the human drama and strategic dances have begun and nary a juror has been selected (or rejected) yet.

And, actually, that’s the way it should be.

The trend is for courts to try to avoid any last minute surprises during the trial. The issue presenting itself here is regarding one of the main witnesses against Mr. Turner.

As you may recall, charges were brought against Turner and, in a related matter, Diane Wilkerson for corruption. For his part, Turner is accused with accepting a bribe. In fact, the United States Attorney claims that there is video showing Turner accepting the bribe from Ron Wilburn, a businessman (hereinafter, the “Witness”) trying to get a liquor license. During the investigation, the F.B.I. claims that Turner lied to them about the events.

The Witness is now apparently claiming his Fifth Amendment privilege against self-incrimination, trying to refuse to testify. This, of course, means that he has broken any agreement he might have had with the prosecution and may be looking at imprisonment himself.

No word from Ms. Wilkerson who has already pleaded guilty, but who’s sentencing is still pending.

Continue reading "MA Corruption Trial Set To Start In Federal Court – Witness Testimony Already An Issue" »

Police in Springfield have Impressed criminal justice onlookers this past weekend. They went out a-hunting and made 50 arrests which should keep the local district court humming for a day or so. These arrests were for the most serious crimes, of course. They range from drug possession to prostitution all the way up to drag racing!

According to Boston.com, there were so many people arrested between Friday and Saturday mornings that the police ran out of jail cells.

No, this was in no way accidental. Law enforcement did not happen to “get lucky” during said period and happen upon a sudden crime wave. No, this was planned. As we have seen so many times, when confidence seems to wane in the local constabulary, something must be done to remind the rest of us that the thin blue line is alive, well and protecting us from evil.

And so it was that 20 extra police officers were put on the streets so that a new criminal sweep with a pretty name could be performed. This time, it was “Operation Blue Heat”. It was said to target gang members, drug dealers and…worst of all…the sex trade. Of course, this type of sweep generally includes ( or is primarily comprised of) alleged prostitutes. They seem to offer little resistance and give the resulting media exposure more “bang for its buck”.

No pun intended.

Continue reading "MA Lawyers Needed To Arraign Suspects Arrested For Drugs, Sex And Racing In Impressively Named Police Investigation" »

Given how this country was wrestled from the American Indian so long ago, it seems appropriate to return to the topic of bullying today on Columbus Day.

As you know, schools are back in session. This subject has hit the headlines anew.

If you are you waiting to hear that the efforts of our criminal justice leaders last year have paid off and so the situation is improved...I am sorry that I will have to disappoint you.

It didn't. It hasn't.

Perhaps this year, if we follow the same path as last year, we can impose the death penalty or bring back the stockades to battle the problem...!

While, regrettably, my responsibilities to clients made it impossible to live up to my blogging duties (sorry about that) last week, my opinions and I have still been around.

Particularly on the subject of bullying.

As you know, I have been rather critical of our political/law enforcement approach to the problem. Some people, after either seeing my recent television appearance , or the October 11th issue of Newsweek Magazine, in which I was quoted on the subject, may walk away with the idea that I am simply in favor of bullying..

I’m not, by the way.

Continue reading "Attorney Sam’s Take: Bullying, The Law And Me" »

Rutgers University freshman Dharun Ravi and Molly Wei say that they did not bully Tyler Clementi. Ravi and Wei have been charged with third- and fourth- degree invasion of privacy in the death of Clementi, who committed suicide by jumping into the Hudson River.

Clementi and Ravi were roommates. Ravi and Wei are accused of filming Clementi while he was having a “sexual encounter” with another male in his dorm room and streaming the video live online. Ravi allegedly tweeted that he was using a webcam to film the incidents.

On September 22, 2010, a day after Ravi allegedly invited people on Twitter to video chat him while he was recording Clementi, the latter posted a message on his Facebook page noting that he was going to jump off the George Washington bridge.

If convicted of the invasion of privacy charges in the internet voyeurism case, Ravi and Wei could spend up to five years in prison. Prosecutors are continuing to investigate the college campus crime to determine whether to file a bias charge or charge them with committing a hate crime. Meantime, Wei’s criminal defense team has said that she is innocent of the cyber crime and that her reputation has been “unjustly tarnished” and “maligned by unfounded attacks on her character.”

On October 4, Middlesex County Prosecutor Bruce Kaplan said that there may not be sufficient evidence to upgrade the charges against Wei and Ravi to a hate crime. If the charges are upgraded to a second-degree bias crime and they are convicted, they could be sentenced to up to 10 years in prison.

Evidence may not be enough to upgrade charges against Rutgers students Dharun Ravi, Molly Wei, NJ Real-Times News, October 4, 2010

Rutgers Students Investigated After Death of Classmate Break Their Silence, ABC News, October 6, 2010

Private Moment Made Public, Then a Fatal Jump, NY Times, September 29, 2010

Related Web Resources:
Cyber Crime, Justice.gov

Hate Crimes, FBI

Rutgers

Continue reading "Rutgers University Students Charged with Invasion of Privacy in Tyler Clementi's Suicide Say They Didn’t Bully Him" »

Kimani W., the Dorchester gentleman whom the police have arrested in connection with the four murders in Mattapan (hereinafter, the “Defendant”) is on his way to court. He will be charged with two counts of unlawful possession of a firearm, possession of ammunition, marijuana and receiving a stolen motor vehicle.

Not murder. And not Boston.

Yet.

The Defendant was found in Manchester, New Hampshire. “We will begin the extradition process as soon as possible,” said Jake Wark, spokesman for Suffolk District Attorney Daniel F. Conley.

As you will recall, five people were found shot on Woolson Street in Mattapan a week ago. Four of the victims, including a 2-year-old toddler, died. A fifth victim is clinging to life in a Boston hospital.

Continue reading "Mattapan Ma Murder Suspect Charged With Guns, Drugs And Theft" »

Yesterday, we discussed whether an investigating officer’s failure to read a suspect in custody his or her Miranda Rights (hereinafter, the “Rights”), means that the case against said suspect must be dismissed.

The answer, in most cases, is no.

The remedy is to suppress the statement so that the Commonwealth may not use it against the suspect at trial. However, this is not as simple as one might imagine. The question becomes what is a “custodial interrogation”. Let’s look at three scenarios.

1) Duncan Drugdealer is at home when the police arrive with a search warrant. They tell him to sit down while they search the place. All of a sudden, as the officers are going upstairs, he yells out, “Hey, that coke in the bedroom ain’t mine!”

2) Virginia Victim stands in Boston’s Government Center, screaming that she her purse has just been stolen. The police see her and then see Alfred Assault running away from her, carrying a woman’s purse. The officers know Alfred and he very rarely carries a purse. So they chase him. As they catch up to him, he turns around and says, “It ain’t the old lady’s purse, man!”

Continue reading "Attorney Sam’s Take: The MA Miranda – Statement Admissibility Game (Part Two)" »

This is a question I encounter many times from clients. People do not seem to understand the rules regarding what rights the police must read them at the time of arrest, or around that time, and what happens if they do not. The rules are the same here in Massachusetts, whether the case be for a felony like murder or a misdemeanor like shoplifting.

File this one under the drawer marked “Trying To Outsmart The Investigating Officer” in the “What Not To Do” cabinet.

For those of you who are not sure, the so-called “Miranda Rights” (hereinafter, the "Rights") originated from a United States Supreme Court ruling years ago. The aim was to ensure that folks who were interrogated by the police understood their rights not to talk to the police while in custody. In fact, it also was to make sure that said suspects were aware of what would likely happen to any statements made during said interrogation.

We have all seen the Rights in action on television and in the movies. They advise the suspect, in fairly routine words that he/she has the right to remain silent and the right to have an attorney present, that if they cannot afford an attorney then one will be appointed and that anything he/she says will probably be used against them in court.

Continue reading "Attorney Sam’s Take: “Does My Case Get Dismissed If The Police Did Not Read Me My Miranda Rights While Arresting Me For Murder?” (Part One)" »