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 17, 2010

Salem MA Genius Adds Probation Violation And Fraud To Previous OUI And White Collar Criminal Woes

Leave it to the good folks of Salem, MA, to find an original, if macabre, way out of a legal problem! Unfortunately, such bright ideas , when tried in the criminal justice system in lieu of just getting a good attorney, do not tend to meet with ultimate success.

Let’s take the case of Michael R., 42, (hereinafter, the “Defendant”). He was originally simply wanted on charges for the white collar crimes of forgery and counterfeiting . Now, he stands also accused of faking his own death to get out of his pending criminal woes.


According to law enforcement, his approach to Lady Justice included going to Salem District Court with what he represented to be a death certificate in his own name. Representing himself to be his brother ( hereinafter, "Brother"), the Defendant said that he ( the Defendant) had actually died the week before. A clerk put the certificate in the Defendant's file, and the pending case against him was dismissed.


Unfortunately for the Defendant, he had also been on probation for other offenses, including drunk driving. When the probation officer learned of the dismissal and untimely death, he became somewhat intrigued given that he had just spoken with the Defendant alittle earlier and he seemed fine, not to mention alive.

Continue reading "Salem MA Genius Adds Probation Violation And Fraud To Previous OUI And White Collar Criminal Woes" »

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" »

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" »

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.

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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 21, 2010

The Search And Seizure Of Two Massachusetts Drug Suspects (Part Three)

For the last two days, the daily Boston Criminal Lawyer Blog looked at two recent matters wherein Massachusetts defendants were stopped by law enforcement in their vehicles, wherein drugs were found. During the investigations, sometimes more drugs were found at various locations…sometimes it was a href="http://criminal.altmanllp.com/lawyer-attorney-1452603.html">weapons.

Rest assured that while the police and courts treat drug possession and gun possession very seriously…the combination is extremely eye-opening to them. It is the stuff that headlines are made of.

In any event, one last issue remains unexamined. In the Marblehead matter, additional material was found in the defendant’s home.

The question arises whether we are less protected in our homes or our automobiles from police invasion into our privacy in terms of search and siezure.

This is what today’s posting, ending this three-part-series will address.

Continue reading "The Search And Seizure Of Two Massachusetts Drug Suspects (Part Three)" »

January 19, 2010

The Search And Seizure Of A Marblehead Drug Suspect (Part One)

While the rest of us were celebrating freedoms that are the legacy of heroes like the late Dr. Martin Luther King yesterday, one gentleman from the North of Boston was adjusting to the trade of his need of a defense attorney for a ten year term of imprisonment in Massachusetts prison.

Of course, he has already served approximately six of those years awaiting trial.

Geraldo S., 32, of Marblehead (hereinafter, the “Defendant”) was found to be in possession of a kilo of cocaine after a traffic stop in 2004. On Friday, he pled guilty to the reduced charge of trafficking over 100 grams of cocaine . This was the result of a plea bargain with the prosecution. Had a deal not been struck, the court would have had no choice but to sentence him to at least fifteen years in the event of a conviction.

Key to the plea bargain was a confession made to law enforcement.

The Defendant’s most recent criminal justice woes were the result of an investigation by the Marblehead police. Part of the investigation involved the fact that, apparently, the Defendant was known by several different names.

Continue reading "The Search And Seizure Of A Marblehead Drug Suspect (Part One)" »

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 11, 2009

Attorney Sam’s Take: MA Default – Bench Warrant And Arrest Warrant: What Is The Difference?

Although it seems like the beginning of a horror novel, you know the scene pretty well by now. You are in your Massachusetts home in the evening just relaxing, watching reruns of Boston Legal. The knock come on the door and it is the police.

Before you know it, someone from the home is dragged out the door wearing the Commonwealth Bracelets of Shame. Maybe it is you.

“What is going on?”, you demand.

The police tell you that they are there “on a warrant”.

Your mind swirls. “On a warrant”. What does that mean? A search warrant? Arrest warrant? Bench warrant?

Before you can respond, it is all over. Maybe your lawyer can explain it to you.

Fear not. This lawyer can explain it to you.

Continue reading "Attorney Sam’s Take: MA Default – Bench Warrant And Arrest Warrant: What Is The Difference?" »

December 10, 2009

Whether For Assault, OUI or Any Kind Of Criminal Matter, An Outstanding MA Warrant Means Quick Jail Time- How A Lawyer Can Help

It was 6:10pm of December first and Joshua S., 32, (hereinafter, the “Defendant”) may have expected it was dinner-time. It wasn’t. It was arrest-on-outstanding-warrant and meet-your-lawyer-time.

The Defendant, it seems, was found in the basement of a home when the Gloucester police showed up and found him. There was an outstanding warrant for him and so he was immediately taken into custody to be brought into court the next day.

No need for questioning. No need for further explanation.

End of story.

Continue reading "Whether For Assault, OUI or Any Kind Of Criminal Matter, An Outstanding MA Warrant Means Quick Jail Time- How A Lawyer Can Help" »

October 28, 2009

Massachusetts Warrant Leads To Arrest Of Murder Suspect

Felix G., 30, of Worcester (hereinafter, the “Defendant”) is no longer running from the law. That chase ended yesterday in New Jersey as law enforcement caught up with him and now prepare to bring him back to the Boston area, where he will be needing a very good criminal defense attorney.

Authorities say that he was hiding at a relative’s apartment. He was hiding from a fugitive from justice charge. In other words, there was an outstanding warrant for his arrest from which he had fled. Perhaps that family member would have been more reluctant to house him if it had been known why the Defendant was hiding.

According to the Commonwealth, the Defendant and a roommate had been watching a soccer game and drinking beer on Sunday night. Then they began arguing about the game. Then, the Defendant decided to have the final word by shooting his roommate repeatedly in the back, killing him.

Apparently, the Defendant’s first attempt to flee did not include another state. He was found Monday morning drunk in a hotel lobby. However, the warrant for his arrest for the murder had not yet been issued, so he was released by the police who disturbed his slumber to bring him into custody.

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October 8, 2009

Massachusetts Man Arrested For Murder Loses Privacy Rights

Aaron C., 30, of Attleboro (hereinafter, the “Defendant”) may be a bit angry today. As I write this, he may even be on the phone calling his attorney to look into suing the authorities for invading his privacy.

It appears that he was making a telephone call and the authorities listened to the conversation…and then they arrested him.

Well, perhaps the surrounding circumstances are worth noting. He was in a police station in Providence Rhode Island at the time. He was being questioned about the murder for which he was thereafter arrested.

You see, the Defendant has been accused of shooting and killing a 67 year-old woman in her Attleboro home.

Continue reading "Massachusetts Man Arrested For Murder Loses Privacy Rights" »

August 26, 2009

Suspect Driving With Suspended License Arrested After Leaving The Scene Of An Accident

It’s been awhile since the Boston Criminal Lawyer Blog reviewed a story about a high speed chase. Today we discuss a racer who recently tried his luck against law enforcement. He won the runner – up prize; namely, the need for a criminal defense attorney.

The nearly 30-minute chase began after the Defendant fled from the scene of an accident. He is also said to have been driving with a suspended license.

James P., 42 of Pembroke (hereinafter, the “Defendant”) led the police on the chase on Sunday. The chase included driving in the wrong direction on each side of Route 24, speeds up to 90 miles per hour and sparks flying from two of his tires that were worn down to the rims. It ended with the Defendant’s arrest…seven years to the day after police had arrested him after another high-speed chase.

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August 21, 2009

A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family

Do you think the nightmare cannot find its way to your house? A Natick couple, who happen to be attorneys themselves, are learning that it can come to anyone’s door. The nightmare of which I speak is the criminal justice finger of accusation. The parents are well-known respected lawyers in the Boston area. Their son has been accused of selling marijuana.

That might be bad enough. But the couple’s 20-year old son (hereinafter, the “Defendant”), according to court documents, instead of offering up friends as co-defendants, has offered up mom and step-dad to the authorities. He claims that they knew about his drug business and failed to stop it. They have, as one might expect, denied the allegations.

The Defendant was arrested last Friday after Natick police served a search warrant at his family’s home. Police say that they found 15 bags of marijuana, a scale and other paraphernalia, and three weapons: a shotgun, a set of brass knuckles, and a double-edged throwing knife.

According to a police report, the Defendant told officers that his stepfather helped him build a grow room for the marijuana and shared in his drug dealing profits. He also alleged that his mother instructed him to burn marijuana he had before calling police about a shooting at the family home on July 31.

According to the police report, detectives started investigating the Defendant after he was shot in the hand during a home invasion reported July 31.

Continue reading "A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family" »

August 21, 2009

A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family

Do you think the nightmare cannot find its way to your house? A Natick couple, who happen to be attorneys themselves, are learning that it can come to anyone’s door. The nightmare of which I speak is the criminal justice finger of accusation. The parents are well-known respected lawyers in the Boston area. Their son has been accused of selling marijuana.

That might be bad enough. But the couple’s 20-year old son (hereinafter, the “Defendant”), according to court documents, instead of offering up friends as co-defendants, has offered up mom and step-dad to the authorities. He claims that they knew about his drug business and failed to stop it. They have, as one might expect, denied the allegations.

The Defendant was arrested last Friday after Natick police served a search warrant at his family’s home. Police say that they found 15 bags of marijuana, a scale and other paraphernalia, and three weapons: a shotgun, a set of brass knuckles, and a double-edged throwing knife.

According to a police report, the Defendant told officers that his stepfather helped him build a grow room for the marijuana and shared in his drug dealing profits. He also alleged that his mother instructed him to burn marijuana he had before calling police about a shooting at the family home on July 31.

According to the police report, detectives started investigating the Defendant after he was shot in the hand during a home invasion reported July 31.

Continue reading "A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family" »

July 1, 2009

Metro West Man Arrested For Breaking And Entering And Larceny Due To Interstate Investigation

Remember when you were young and parents, teachers and clergy kept insisting upon the benefits of sharing? Well, Investigators in Western Massachusetts have recently learned those benefits first-hand. As a result of sharing information with other police departments, West Stockbridge law enforcement believe they have stopped a spree of burglaries and larcenies. Of course, the other passenger on this sharing train is the gentleman they arrested; he gets a lawyer.

Timothy W., 40, of Great Barrington (hereinafter, the “Defendant”) is that gentleman. He was arrested Thursday and arraigned in Pittsfield Superior Court on Friday. At that time, he was merely being charged with the break-in and theft at Rouge, a restaurant on West Center Road in West Stockbridge. However, law enforcement now believe that Rouge was one of a number of late-night break-ins which took place in the town last week.

Counting the eatery, there were allegedly six buildings broken into late night Wednesday or early Thursday morning, including three restaurants, a gift shop, a real estate agency and a vacant home.

Unheard of? Apparently not.

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June 1, 2009

Boston-Area Drug And Theft Suspects Are Arrested After Police Investigations Despite Differing Approaches

Two Massachusetts Criminal Defense Attorneys have new clients resulting from their dealings with local police departments this past weekend. The two men handled the situation differently, but both methods ended in the same place...custody.

First there was the adventure of Randy G., 25 of Boston (hereinafter, “Defendant 1”). Defendant1 indicated that he was rather fond of doing business with a certain undercover police officer. In fact, he liked him so much, he thought it would be nice for the undercover to be a regular customer for his drug trade.

How did he do that? Well, the good old fashioned way – he tried to entice him with a bargain. He offered the undercover detective a lower price on crack, cocaine, if he would buy in volume.

The bargain was that Defendant1 would sell the UC seven or eight bags of crack for only one hundred dollars if he agreed to join his cadre of regular customers.

Not a bad deal…if you are in the market for that sort of thing.

The UC, however, wasn’t. He responded by offering Defendant1 a pair of the Commonwealth’s Bracelets of Shame. It was a deal Defendant1 could not refuse. Literally.

Continue reading "Boston-Area Drug And Theft Suspects Are Arrested After Police Investigations Despite Differing Approaches" »

May 26, 2009

Boston-Area Dogs Assist Law Enforcement As Both Canine Police Officers And Crime Victims

Dogs are considered “Man’s Best Friend”. In the Boston area, though, they are particularly close with "man" involved in criminal prosecutions. After almost a quarter century as an attorney, I can finally see the day coming when I may have to cross-examine a pooch. A number of cases this very month underscore the canine war against crime.

Let’s start with a story from the Boston Herald this very Tuesday. Michael P., 52, of Allston (hereinafter, “Defendant 1”) had a bit of an altercation with his neighbor’s German shepherd. Yes, the altercation included Defendant1’s assault of the dog.

You see, Defendant 1 says he was frustrated and angry with the dog because it constantly barked at him from behind a fence. For some reason, Defendant1 apparently thought that throwing hot coffee in the dog’s face might clear up the issue.

The police were called to the scene. While the dog’s owner told prosecutors that his dog suffered no injuries, the officers were still able to smell the coffee on the dog’s fur.

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