Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

August 10, 2010

Former Big Dig Bigwig Faces Allegations Of OUI, Leaving The Scene And A Default Warrant

Former Massachusetts Turnpike chairman Matthew Amorello (hereinafter, the “Defendant”) has fallen into ever-deepening holes of trouble on the criminal justice battlefield. First, he was arrested for drunk driving this past weekend. Well, not really just drunk driving. There are apparently other charges levied after he allegedly smashed into parked cars and tried to flee the scene despite the fact that one of his tires was off.

After a night of what the authorities call “sleeping it off” at the station, the Defendant was told he had to attend his arraignment in Haverhill court yesterday.

He didn’t.

And so it was that a Haverhill District Court Judge issued a default warrant for the man who once oversaw one of the largest public works projects in the state's history...the Big Dig.

Continue reading "Former Big Dig Bigwig Faces Allegations Of OUI, Leaving The Scene And A Default Warrant" »

July 7, 2010

Boston And The Rest Of The World Watch As Lindsay Lohan’s Probation For Drunk Driving Is Surrendered

Today’s posting on the Boston criminal lawyer blog does not really involve Boston.

It does involve criminal law, though. As well as show business.

You may have heard snippets over the past months of Lindsay Lohan and her difficulties with the law. One such difficulty has been showing up in court for such incidentals such as probation violation hearings.

Finally, it would seem that the court had enough.

Yesterday, a Los Angeles judge found Ms. Lohan in violation of her probation. The actress was sentenced to 90 days in jail. The hearing revolved around a missed court date in May. Ms. Lohan had claimed that the reason she had missed the court date was that she had lost her passport at the Cannes Film Festival and was unable to travel back to the states to attend the court date.

I hate when that happens, don’t you?

Continue reading "Boston And The Rest Of The World Watch As Lindsay Lohan’s Probation For Drunk Driving Is Surrendered" »

July 6, 2010

Lawyers Needed For Massachusetts Vehicular Crimes During Holiday Weekend

Massachusetts had more than its fair share of crimes this past holiday weekend. There were shootings in the Boston area, one homicide and, as one would expect from such a weekend, plenty of vehicular crimes. Criminal Defense attorneys will be needed.

For example, one Massachusetts woman was arrested this weekend in Salem, N.H., after police said she stole purses and led them on a harrowing chase with her 12-year-old daughter in the car.

This would be Maria M., 36, of Lawrence (hereinafter, “Mother Defendant”). She is said to have targeted customers at the Christmas Tree Shops, Target, and Market Basket in the area. According to the authorities, she would reach for purses left in shopping carts while the women looked away and "larcenied" her financial cares away.

According to witnesses, Mother Defendant brought a “young girl”, presumably her daughter, along for the July 4th festivities, as she liberated items from said purses.

Once the police spotted the described car, along with the occupants matching the description, they tried to pull her over.

This did not go too smoothly.

Continue reading "Lawyers Needed For Massachusetts Vehicular Crimes During Holiday Weekend" »

July 5, 2010

A Boston Criminal Defense Attorney Discusses Federal Court, Alleged Spies And Liberty

This weekend, we have been celebrating the birth of our country. Even a Boston criminal defense attorney recognizes the importance in that. In the meantime, the Cambridge couple (hereinafter, the “Defendants”) who were among 10 people arrested in three cities last week as part of an alleged Russian spy ring have been arraigned in Federal Court and await an opportunity to make bail and recover their freedom.

Good luck.

The government says that the Defendants were sent to live in the United States under false identities to hobnob in spheres of influence, an idea one civil liberties lawyer called laughable given their jobs as a software company executive and a real estate agent.

“These so-called spies really had a racket,” said Harvey Silverglate, author of Three Felonies a Day: How the Feds Target the Innocent. “The idea that they were going to pick up useful intelligence in the circles they were moving in is absurd. They have defrauded the Russian intelligence agencies and gotten a decade of free support in exchange for no useful information.”

As Attorney Silverglate also points out, unless the investigation the FBI conducted over nearly a decade yields more damning evidence than what has so far been released, the people most harmed by the whole affair, Silverglate said, may turn out to be the American taxpayers.

Continue reading "A Boston Criminal Defense Attorney Discusses Federal Court, Alleged Spies And Liberty" »

June 23, 2010

Boston-Area Man Is Charged With Robbing And Assaulting Elderly Woman In Wheelchair

Sometimes, you find a case that seems to reveal a new low in criminal acts. As a Boston criminal defense attorney for many years, I have seen more than my fill.

Allegedly, that is.

A Brighton man was arrested Monday night for allegedly robbing a 67-year-old woman who uses a wheelchair for mobility purposes, according to police officials.

Jerdon B, 48, (hereinafter, the “Defendant”) is said gentleman. At about 11:40p.m., officers responded to the Mission Hill neighborhood to investigate the event.
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The Defendant was charged with unarmed robbery for allegedly robbing the complainant while she was waiting for the Green Line trolley, police said. The suspect then allegedly pushed her onto the tracks on Huntington Avenue.

His reward? Ten bucks.

Continue reading "Boston-Area Man Is Charged With Robbing And Assaulting Elderly Woman In Wheelchair " »

May 20, 2010

Academic Voices From Ex-Harvard Student's Past Display Surprise At The Fraud and Theft Charges Against Him

The Boston Criminal Lawyer Blog has been discussing school campus related crimes of late. Most of these have had to do with the subject of bullying, a topic I just know we will be returning to. Yesterday, we briefly discussed a different kind of criminal behavior by a student. This one is a bit less sympathetic.

The story hails from the home of Altman & Altman LLP’s main office...Cambridge. It involves the legendary Harvard University and an ex-student who allegedly took the subjects of creative writing and social science and twisted them into a pretzel of deceit and larceny. It features the allegations against the former student with contradictory credentials, Adam B. Wheeler...perhaps a young Bernard Madoff in the making.

As you probably have heard, young Mr. Wheeler is facing a plethora of criminal charges and there may be more to come. The 20 indictments against him reflect a successful scheme to bilk Harvard University out of approximately $45,000 through a series of white collar crimes. He is alleged to have falsified documents, plagiarized and lied in order to gain acceptance into Harvard, gain scholarships, win prizes and get a grant.

In fact, should the allegations contain a cyber-fraud element crossing state boundries, which is likely, Young Wheeler could be looking at federal charges as well as those he faces by the Commonwealth.

Of course, now that the news has broken and he has pleaded “Not Guilty”, the ignited debate rages on. Everyone is trying to explain who the young gentleman is and how he did what he (allegedly) did.

For example, a former high school classmate claims that the lad was a class clown who delighted in pranks such as tossing ketchup packets around the halls like little red landmines. Further, she doubts anyone expected him capable of the complex scam that prosecutors say he pulled on some of America’s best brains in Harvard University’s hallowed halls.

Continue reading "Academic Voices From Ex-Harvard Student's Past Display Surprise At The Fraud and Theft Charges Against Him" »

May 12, 2010

Nine Boston Youths Are Charged With Assault And Battery In Bullying Attack Of Disabled Teen

In the Boston area, nine young men, ages ranging from 15 to 21 are now in need of criminal defense attorneys. They are accused of horribly assaulting a 19 year old developmentally disabled teenager in Dorchester.

They left him bloodied and screaming for help, the prosecutor said.

Suffolk County District Attorney Daniel F. Conley issued the statement that ''A crime like this just shocks the conscience...It’s obscene."

The scene of yesterday’s arraignments was a familiar one. The court read the charges, the prosecutor filled in the blanks, adding the detail and commentary about the allegations and the defense attorneys denied all guilt for their clients who were basically “good kids”.

As is often the case in such matters, there are differing views of what happened. While the defendant is not required to give his this early, or, actually, at all, there are claims that some of the nine defendants were actually trying to help the victim, not attack him.

The attack came to the attention of law enforcement when police were called by a man who apparently witnessed it shortly before 5:00 PM on Monday. His attention was drawn to it when he was working in his back yard and heard a "God-awful scream”.

Continue reading "Nine Boston Youths Are Charged With Assault And Battery In Bullying Attack Of Disabled Teen" »

May 7, 2010

“I Have Received A Criminal Complaint In The Mail! What Does This Mean? What Do I Do?”

It is a situation that we have discussed a number of times on the Boston Criminal Lawyer Blog. Yet, particularly since the initial response to getting such a care package from the government is usually panic, it is worth revisiting.

First of all, the good news. What you have received and believe is a criminal complaint is probably not really a criminal complaint.

Although it is not a criminal complaint, it is an extremely important piece of paper that must be treated as such. What you have probably received is a summons to go to court in connection with criminal allegations that are, indeed, being made against you. The summons is likely one of two kinds. You are being summoned to either an arraignment or a clerk magistrate’s hearing.

If you ignore this piece of paper, as further discussed below, you risk being arrested. Plaintly put, you are being summoned to appear in court. Should you ignore or forget about the date the sumons reflects, a warrant will likely be issued by the court, mandating your arrest.

Continue reading "“I Have Received A Criminal Complaint In The Mail! What Does This Mean? What Do I Do?”" »

May 6, 2010

The Boston Criminal Lawyer Blog Reveals A North Of Boston Drunk Driving Matter With A Twist

Just to show you that the Boston Criminal Lawyer Blog is not only focusing on kids these days and their foibles, such as attempted murder, we discuss today a slightly older gentleman in need of counsel…lots of it.

The gentleman, Michael G., 31 (hereinafter, the “Defendant”) hails from Salem and was arrested in Swampscott for operating under the influence as well as one or five other charges. He was apparently not charged for other, somewhat unusual items of interest in his car.

The Defendant was brought to the Lynn District Court where he was charged with operating a motor vehicle under the influence of alcohol, negligent operation of a motor vehicle, operating a motor vehicle with a suspended license, drinking alcohol from an open container in a motor vehicle, marked lanes violation and following too closely.

Swampscott police had been alerted to the Defendant, who is a student at Wentworth in Boston, as he sped by on New Ocean Street around 3:30 a.m. April 30.

As the police followed him, the Defendant is said to have been weaving all over the road and tailgating another vehicle, before he was pulled over on Paradise Road.

Continue reading "The Boston Criminal Lawyer Blog Reveals A North Of Boston Drunk Driving Matter With A Twist" »

May 5, 2010

Massachusetts Students Face Charges Of Assault, Attempted Murder And Alcohol Distribution

Gee, it is hard to imagine that after our protectors and law-makers have made the world safe for kids by passing the Anti-bullying bill discussed last week and prosecuted “the bad kids” as discussed ad nauseum, that kids could still be getting in trouble and even hurt! In connection, since the governor has not signed the Ant bullying Bill into law in Boston yet, how will prosecuting attorneys ever be able to prosecute the youthful wrong-doers?

Guess what? It would appear that the laws already on the books actually suffice!

For example, let’s take four Merrimack College students who have gotten into a tad of trouble at yet another underage drinking party. The partying seems to have ended when a high school student ended up with a serious head injury.

The 17-year-old girl from southeastern Massachusetts, now in the hospital, fell down stairs early Sunday morning at the party, according to a statement issued by North Andover police and Essex District Attorney Jonathan Blodgett's office.

Continue reading "Massachusetts Students Face Charges Of Assault, Attempted Murder And Alcohol Distribution" »

March 22, 2010

Boston’s Logan Airport Is Scene Of Mystery Passenger And Pending Warrant

Has anyone else noticed that air travel has become a bit more tense in recent years? Gee, you go to Boston's Logan International Airport and you would think it had been involved in a terrorist act sometime over the past ten years or something! In fact, sometimes you feel you should bring a lawyer along just in case..

Some people find that they need a lawyer as they leave the airport.

Today's case in point is Paul P., 50 of Sanford, Maine (hereinafter, the “Defendant”). Last week, he ended Saint Patrick’s Day (Evacuation Day in Suffolk County) detained by the Massachusetts State Police at Logan.

The Defendant’s troubles began when he “accidently” lit a match on a flight bound for Logan that fateful night. This apparently occurred when he removed a book of them from his pocket during the flight.

Continue reading "Boston’s Logan Airport Is Scene Of Mystery Passenger And Pending Warrant" »

March 15, 2010

Boston Baby’s Death Brings Murder Charges And Jail To Senior MIT Staffer

“Sam….what gives? You tell us that the next day’s Boston Criminal Lawyer Blog is going to be an unhappy one and then you disappear for the rest of the week? You call this “daily”???”

I know, I know…sorry about that. Sometimes my responsibilities to my clients necessitate my irregular definition of the term “daily”. But, late as it may be…here is the tragic story to which I referred.

It is the tale of Geoffrey W., 31, an MIT staffer from Malden (hereinafter, the “Defendant”).

Last week, the Defendant was arrested in connection with the death of his 6-month-old son, according to Middlesex District Attorney Gerry Leone. He stands charged with murder

Continue reading "Boston Baby’s Death Brings Murder Charges And Jail To Senior MIT Staffer" »

February 25, 2010

Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker

Today, the Boston Criminal Lawyer Blog points out that there really can be “heroes” as well as “villains” in today’s modern, if not skeptical, age.

It seems to also be a story of a suspect's alleged consistency.

It was this past Monday. It began when a 34-year-old woman parked her Acura SUV at the Dock Square garage in the North End. Suddenly, out of nowhere, a burly man appeared at her door, speaking calmly and matter-of-factly.

“I need your car, I need your keys,’’ he said.

When she saw the gun in her hand, she knew it was not simply an unlucky gentleman who simply needed an emergency ride to, say, deliver a baby.

He simply wanted to deliver the car...to himself

Continue reading "Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker" »

February 23, 2010

Massachusetts Vehicular Crimes Increase Penalties During Police Car Chases – Take It From A Boston Defense Attorney

Well, it has been awhile since the Boston Criminal Lawyer Blog covered one of these.

It just goes to show that with all the mkhigh profile cases like those of a certain never-to-be-tenured professor's alleged homicides, the Kerrigan family woes and assorted homicides we have been discussing lately, poor judgment is also demonstrated in the actual streets of the Commonwealth ...just like always.

Today’s tale hails from Framingham.

It was Saturday night when Herman H., 23 of Framingham (hereinafter, the “Defendant”) was found hiding under a car in a garage and arrested.

You see, according to law enforcement, the Defendant had been witnessed going the wrong way on a local one-way-street. So, the police, doing what they do, followed him until he finally stopped.

Next, the police approached the Defendant’s vehicle. Again, it is what they do.

But, the Defendant then allegedly did what one is absolutely not supposed to do. He drove off.

He finally stopped. Good move.

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Continue reading "Massachusetts Vehicular Crimes Increase Penalties During Police Car Chases – Take It From A Boston Defense Attorney" »

February 5, 2010

Attorney Sam’s Take: Does Michael Jackson Homicide Doc Read The Boston Criminal Lawyer Blog?

The Boston Criminal Lawyer Blog has regularly suggested how an experienced defense attorney can help you if there is an outstanding warrant for your arrest.

It may be that Dr. Conrad Murray,( hereinafter, the “Defendant”) the doctor who administered the fatal dose of Propofol to Michael Jackson and now is to face homicide charges is a reader! Well, if not, at least he is being similarly advised.

According to law enforcement, his attorneys have been in contact with the L.A. County District Attorney's Office to surrender on charges of involuntary manslaughter . Apparently, the plan is that the prosecutor will file the charges with the court and then immediately notify the Defendant’s lawyers. They will then bring the Defendant downtown to court to surrender to a judge.

What happens next is anybody’s guess. He could be arrested and held. He could be simply arraigned. There is one sticking point, though. It would appear that this is not the Defendant’s only legal problem at the moment. Apparently, there is a case against him in Las Vegas brought by a medical imaging company for non-payment of fees. There is currently a default judgment against the Defendant in that matter.

Continue reading "Attorney Sam’s Take: Does Michael Jackson Homicide Doc Read The Boston Criminal Lawyer Blog?" »

January 14, 2010

Boston AG Is Accused Of Mishandling Grand Jury Investigation And Bail Issues In Rape Case

The game of politics is afoot again in the Boston area! This means that, as the race for the late Senator Kennedy’s seat comes to the wire, it is time for whatever mud can be thrown upon one’s opponent . Often, the accusations involve the criminal justice system. That’s where I come in. Today we look at accusations involving a 2005 rape case and Attorney General Martha Coakley.

In October, 2005, 31 year-old Somerville Police Officer Keith W. (hereinafter, the “Defendant”) was said to have raped his 23-month-old niece with a hot object, most likely a curling iron. The case was presented to a Middlesex grand jury which was overseen by Coakley. That grand jury did not take action against the Defendant. Thereafter, the child’s mother filed applications for criminal complaints in the case and it was then that the grand jury indicted the Defendant.

When the Defendant was before the court, the prosecution recommended that the Defendant not be held on bail, but released on personal recognizance. He remained free until December 2007, when he was found guilty.

Now, political opponents, both old and new, are taking the pulpit to decry Coakley’s handling of the case and making the typical cry of “too soft on crime”.

Continue reading "Boston AG Is Accused Of Mishandling Grand Jury Investigation And Bail Issues In Rape Case" »

January 6, 2010

Leaving The Scene Of An Accident In Massachusetts Brings The Need Of An Experienced Criminal Defense Attorney For Firefighter And Student

You are driving around on a wintery Massachusetts night, maybe after a couple of drinks that you are sure did not effect you. All of a sudden there is a large bumping feeling and a sound that tells you that you have hit something. The temptation is to put the problem, whatever it may be, behind you and to get out of there fast. You think that to do otherwise is foolhardy and could cost you your license and the need to hire one of those criminal defense attorneys.

Avoid that temptation. The fact is that leaving the scene of an accident, whether physical injury to a person or simply property damage was caused, only makes a bad situation worse.

Let’s look at a couple of very recent examples.

17-year old Sandwich teen, Sarah G. (hereinafter, “:Teen Defendant”) began the new year after collecting a bunch of charges that were only made worse by leaving the scene. She is drove into the rear of a police cruiser. She then apparently tried to leave the scene but was apprehended shortly thereafter. She is now facing charges which include leaving the scene of an accident, unlicensed operation of a motor vehicle, failure to stop for police and underage alcohol possession, according to the Cape Cod Times.

Continue reading "Leaving The Scene Of An Accident In Massachusetts Brings The Need Of An Experienced Criminal Defense Attorney For Firefighter And Student" »

January 5, 2010

Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow ; You Have Been Indicted (Part Three)

Last week, we discussed two scenarios whereby you received a compulsory invitation to attend the Boston Municipal Court to answer charges for a variety of potential charges, including assault, drugs and OUI.

Now, however, the matter has been raised to another level. The Commonwealth has decided to indict you. You have just received the year-end news from either your attorney or another summons in the mail.

So, what is an indictment? Well, it is like the criminal complaint that was issued back in district court. In that case, either the police or your neighbor sought the complaint. The prosecutor did not really get involved until the matter was in district court. At some point, a prosecutor reviewed the allegations of the matter and decided that either your criminal past or the allegations themselves were deserving of more serious treatment. “More serious” generally means “more jail/prison time”.

Continue reading "Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow ; You Have Been Indicted (Part Three)" »

December 29, 2009

Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow For That Assault Case (Part Two)

So, yesterday, you weighed your options and you decided to follow the advice of the Boston Police Department rather than ol’ Attorney Sam in dealing with the Clerk Magistrate’s Hearing. You just ambled in on your own, gave it your best shot, and walked out with a date to return to court for an arraignment.

Now what?

Well, by some unrealistic trick of time, your arraignment was set for tomorrow.

Wonderful. Nothing like a little pressure for the holidays, right?

Let’s also assume that you learned your lesson and that, on the way out of court yesterday, new summons in hand, you did not ask Officer Gotcha if you need to hire a lawyer by tomorrow and, if so, you did not follow his advice when he looked at you as if you had three heads and sneered, “Nah. They’ll give ya a free one. Don’t worry about it. Hey, by the way….never too late to make a statement you know.,,.!”

Continue reading "Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow For That Assault Case (Part Two)" »

December 28, 2009

Attorney Sam’s Take: You Have To Go To Court Tomorrow For That OUI Or Assault Case (Part One)

You live in Boston. You arer relaxing at home, watching the children play with their new Christmas gifts before they break them. It is a Norman Rockwell scene…except for one tiny detail. You suddenly remember that invitation (summons) you received last week to witness Massachusetts jurisprudence (court) in action. In other words, you have to go to court to answer on that drunk driving charge tomorrow and you still have not even contacted a lawyer!

Game over? Just give up and expect you won’t be returning home for a couple of years? Maybe it is time for that extended vacation out of the country you always dreamed about?

Well, chances are, particularly if you had received a summons and were not arrested, it is not that bad. There are, however, a few things you should know and at least one thing you should do.

First of all, the summons was for one of two things – either an arraignment or a clerk magistrate’s hearing.

As most readers of this daily blog know, a clerk’s hearing is basically the last step before arraignment in cases in which you have been lucky enough to get one. It is the hearing to decide whether or not there is probable cause to issue the complaint which would bring you to an arraignment. At such a hearing, a clerk magistrate listens to evidence presented (sometimes solely by an investigating officer) and decides whether the elements of the accused crime are met. It is a very simple, and low, standard. Should the clerk find that there is probable cause, a complaint will be ordered and the next step will be arraignment.

Continue reading "Attorney Sam’s Take: You Have To Go To Court Tomorrow For That OUI Or Assault Case (Part One)" »