Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, LLP. A former prosecutor in New York, he has worked as a Boston defense attorney over 18 years. 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.

May 17, 2009

Boston Driver Assaults State Trooper With A Dangerous Weapon But Apologizes And Avoids A Guilty Finding; Her Attorney Says It Was For The "Right Reasons"

Being a police officer in the big city can be dangerous. We all know that. Logan Airport, of course, is within the limits of the city of Boston. So, it is not too shocking that it can be a dangerous place. Usually, though, that danger does not come inside the packaging of a Mercedes Benz SUV and presented by a Wellesley businesswoman.

It did in March, though.

Last week, she resolved the matter.

She apologized.

Of course, “my bad” was not the first reaction that Margaret G., a 57-year-old portfolio manager and former Wellesley school board member (hereinafter, the “Defendant”) offered to law enforcement in this matter.

Continue reading "Boston Driver Assaults State Trooper With A Dangerous Weapon But Apologizes And Avoids A Guilty Finding; Her Attorney Says It Was For The "Right Reasons"" »

May 4, 2009

Limo driver arrested for driving drunk -was driving high school students at time of arrest- loss of license and maybe job to follow

‘Tis the season of high school proms. As a parent, I know the worry about what
"the kids" are doing out there. It did not occur to me that the adults in charge of the kids might need some worrying too. However, take Boston-area limosine driver, Brain H., 45 of Tewksbury, (hereinafter, the “Defendant”). Friday night, he was given the news that when this week began, he would be trading in his license for a new relationship…with a criminal defense attorney,

He was arrested in Lowell and charged with operating under the influence of alcohol…while transporting a group of high school students after the prom.

You see, a group of Lowell Catholic High School students hired the limosine from Lynette’s Limousine Service for the prom on Friday evening. However, during the outing, according to police, two of the girls noticed that the driver was driving erratically. One of them called a parent when the limo stopped at the Showcase Cinema at 32 Reiss Ave., police said.

Apparently, the students became suspicious that the Defendant ’s driving abilities had been hampered by drinking during the trip because he kept getting lost and repeatedly veered onto the rumble strips on the side of the road. According to the students, the situation got so bad that the students demanded that the Defendant pull over the limousine, which is why they stopped in the movie theater parking lot.

Officers said the parent who had been called immediately contacted Lowell police and the Defendant was arrested at the movie theater at 11:40 p.m.

According to police, the Defendant had initially left the area when the students refused to get back into the car, but returned shortly after, pleaded for the students to forgive him, and tried to convince them to get back into the limo. At one point he is said to have “…actually put his hands in the praying position and said ‘Please, I’m sorry, I made a mistake,” according to the students.

The students did not go for it and the parents are likewise not in a forgiving mood.

Continue reading "Limo driver arrested for driving drunk -was driving high school students at time of arrest- loss of license and maybe job to follow" »

April 29, 2009

Two tales from Framingham....from disorderly conduct to murder- criminal defense lawyers needed

Today, the daily Boston Criminal Lawyer Blog goes to Framingham…figuratively…where recent troubles seem to have taken place on both sides of the seriousness spectrum.

Let’s start with Adilson D., 37 (hereinafter, “Defendant 1”). He was displeased about a recent interaction with local police. So, while the rest of Massachusetts was focxussing on the weekend heat wave, he spent his early Sunday morning hours apparently repeatedly called 911 to voice his displeasure.

They did not appreciate the criticism.

Law enforcement arrived at Defendant 1’s home to arrest him, at approximately 5:47a.m., which happened, believe it or not, after a “brief struggle”, according to, Deputy Police Chief Craig Davis .

Defendant 1’s 911 complaint calls began at 4:30 a.m.. He said he was upset about being pulled over and that he had been abused by the police.

The 911 dispatcher told him to call the main phone line to make such a complaint, Davis said.

So, naturally, he continued to call 911 eight more times by 5:30 a.m.

Continue reading "Two tales from Framingham....from disorderly conduct to murder- criminal defense lawyers needed" »

April 28, 2009

Lawyer remains jailed; charged with OUI, driving with suspended license and giving false name

A north of Boston attorney has found herself on the chair most often occupied by her clients. At least, that is, in court. Otherwise, she is in custody, held without bail, for driving offenses.

Tracy T., 32, of Revere (hereinafter, the “Defendant”) is being held without bail on what the Commonwealth alleges to be her third drunk driving charge. Well, that was one reason.

The other reason, according to prosecutors, is that she gave false information to the patrolman who stopped her.

The alleged event took place in Marblehead last Thursday morning. The Defendant was pulled over by police. Upon questioning, she is said to have given the police a phony name, date of birth and a Social Security number that turned out to be that of an elderly man. She said she didn't have her license on her, then told the officer that it was expired.

When police determined who she was, The Defendant became apologetic and then allegedly gave the kicker line, "You aren't going to arrest me, are you? I can't get arrested. I am an attorney," according to police.

Given that her line of argument was not persuasive under the circumstances (which allegedly include her failing two of three field sobriety tests and then registering a .22, more than three times the legal limit, on a portable Breathalyzer, the answer was in the affirmative.

Continue reading "Lawyer remains jailed; charged with OUI, driving with suspended license and giving false name" »

April 15, 2009

The Boston Criminal Lawyer Blog Examines Career Criminal And Felonies

Somebody should break the news to Anthony W. Of New Bedford (hereinafter, the “Defendant”) that the criminal justice system does not give extra points for consistency. This Boston criminal defense attorney can tell you, however, that it does give extra time as a lodger in Commonwealth housing.

The Defendant has just added arrest number 231 to his 27 page rap sheet.

According to the New Bedford Police, the Defendant reached this milestone on Monday after littering and leading police on a chase.

“Hey, couldn’t this be a misunderstanding?”, you say. After all, the poor lad could simply have accidently dropped the offending trash while jogging...!

"I certainly wouldn't characterize him as misunderstood," said Lt. Jeffrey P. Silva. "I would characterize him as a career criminal."

Silva said Officer Shawn Robert pulled the Defendant over near the corner of County and Mill Streets after he saw the Defendant throw trash from his vehicle. Rather than look the other way and chalk it up to a minor offense, the officer stopped the Defendant’s car.

Initially the Defendant pulled over. That was the good news.

Then, it turned out the Defendant had neither a license nor registration. That was the he bad news.

The Defendant then told the officer that he didn't have time for this, and then drove off, nearly running Officer Robert over. That was very bad news.

Continue reading "The Boston Criminal Lawyer Blog Examines Career Criminal And Felonies" »

March 31, 2009

Boston Road Drunk Driver Asked, “Do You Want A Lawyer With That Burger?”

Raymond A., 51, of Hampden, (hereinafter, the “Defendant”) was hungry. He just wanted a burger. But he was watched by an ambulance driver. Now, he needs an attorney.

Springfield District Court was the venue for the Defendant’s little adventure to end. According to law enforcement, he had been driving under the influence of alcohol.

The adventure began at approximately 2:00 a.m. as an AMR ambulance driver observed the Defendant’s pickup truck driving erratically in AMR’s parking lot, according to Sgt. John M. Delaney, executive aide to Police Commissioner William J. Fitchet.

Perhaps thinking that his services might be needed at any moment, the ambulance driver followed the truck.

She did this while keeping the police informed of the truck’s route of travel while keeping it in sight.

Finally, she followed the truck into a McDonalds on Boston Road, where the Defendant, the driver of the truck, attempted to order food from a drive-up window.

There was a problem with the service…there wasn't any. The place was closed.

Continue reading "Boston Road Drunk Driver Asked, “Do You Want A Lawyer With That Burger?”" »

March 24, 2009

Domestic Violence Defendant Gets New Charges And Needs Miracle Lawyer

As any regular reader knows, the daily Boston Criminal Lawyer Blog regularly announces membership news of the “Hey, I Bet I Can Make This Situation Worse” Club. Today, to the north of Beantown, we have a new member...who should be national chairman.

When he gets out of custody, that is.

Tyler L., 20, (hereinafter, the “Defendant”) had a bad couple of days recently. First, he decided against showing up for a court date for a recent Massachusetts Assault and Battery matter (alleged victim: his mother...making it a domestic violence situation). The next day, he led the police on a 10-mile chase.

He did not do so well in either matter. The police caught him. So did the warrant for not showing up in court.

Now, Judge Mori at Salem District Court has revoked the Defendant's bail in that pending case and set additional bail of $5,000 on the new charges stemming from Friday's police pursuit.

The Defendant was driving a red Honda coupe with an equipment violation at about 2 p.m. on March 20 when it caught the attention of Officer Darlene Prinz. The Defendant then allegedly did what any straight-thinking nominee to the HIBICMTSW Club with a warrant out and having a police car behind them.

He blew a stop sign.

Continue reading "Domestic Violence Defendant Gets New Charges And Needs Miracle Lawyer" »

February 24, 2009

Boston Celebrity And Her Lawyer At The Bar In Drunk Driving Case

You know, sometimes the weather gets to everyone. The cold Northeast winters…except for those midwinter days when we get 70 degree weather and then a blizzard the next day. It’s confusing and it could lead a person to drink. And that is basically what happened to Boston’s free-lance meteorologist Melissa B. (hereinafter, the “Defendant”) last Friday. Now, the 39-year-old celebrity needs a defense attorney to ensure that she is able to remain free to even see the weather.

It happened last Friday morning. A professional, she was back on the air that night.

The Defendant was driving the 2004 Cadillac Escalade at approximately 1:35 a.m. when she passed a state police trooper in the left lane of Soldiers Field Road “going well over” the posted speed limit according to state police spokesman Dave Procopio.

The Defendant’s vehicle “nearly struck the front of his cruiser as it cut in front of him,” said Procopio, quoting from the police report. The trooper reported the Defendant was driving between 50 to 55 mph (the posted speed limit was 40) and was “weaving between” the travel lanes. The road conditions were poor, the trooper stated, and Soldiers Field Road was covered in sleet and snow.

Procopio said the trooper pulled the Defendant over and he “observed a smell of alcohol” when he approached the driver’s side. The trooper reported that the former WBZ-TV meteorologist asked him a question that was “incoherent.”

Continue reading "Boston Celebrity And Her Lawyer At The Bar In Drunk Driving Case" »

February 17, 2009

Boston Radio Host Pleads Not Guilty to Massachusetts Charges of Running a Red Light and Driving with a Revoked License

In Framingham District Court, WTKK radio host and Boston Herald op-ed columnist Michael Graham attended his arraignment today where he pleaded not guilty to charges of running a red light and driving with a revoked license. Graham was apprehended on Friday as he was headed to work. A police officer reportedly placed the radio host in handcuffs and took him to the police station upon discovery of the license issue.

Massachusetts registry officials say Graham’s Virginia driver’s license had been revoked due to insurance matters. He reportedly had until November 2008 to deal with the license revocation matter but failed to do so.

Graham claims he does not know why his license was revoked but that he may have failed to properly cancel his insurance. The radio host says that he has a Massachusetts driver’s license and a clean driving record in this state.

Now, the Graham wants his case to go to trial. He is complaining that the Massachusetts Registry of Motor Vehicles neglects to tell drivers when a driver’s license has been revoked or is expired. This is Graham’s first arrest.

Driving with a Revoked License
In Massachusetts, driving with a revoked or suspended license is considered a crime. In many instances, a person may be driving with a suspended or revoked license and not even know it.

Driving with a suspended or revoked license in Massachusetts can result in time in jail, financial penalties, and the furthered suspension of one’s driver’s license.

The best way to combat such charges is to speak with an experienced Boston traffic violations law firm who can protect your rights and combat the charges against you.

Graham seeks jury trial on revoked license charge, Boston Herald, February 17, 2009

Talk Show Host In Court After Arrest, WCVB, February 17, 2009

Graham cuffed, jailed after ‘minor traffic infraction’, Boston Herald, February 13, 2009


Related Web Resources:
Massachusetts Registry of Motor Vehicles

Michael Graham, WTTK


Continue reading "Boston Radio Host Pleads Not Guilty to Massachusetts Charges of Running a Red Light and Driving with a Revoked License " »

February 16, 2009

Boston State Police Drop Appeal For Traffic Violation, Ending Defense Attorney’s Confusion

Welcome to Boston, Massachusetts, where there dwells, according to MSNBC-TV commentator Keith Olbermann, his “Worst Person in the World.” (video available at http://blogofbile.com/tag/michael-galluccio/). He is State Trooper Michel G. (hereinafter, “PO Nobreak”). And he has one local attorney, other than me, scratching his head in disbelief.

PO Nobreak gained unwelcome fame late last year for making a woman who was in labor wait to get to the hospital while he cited her husband for driving in the breakdown lane. The story, first reported in The Boston Globe, ricocheted around the country and sparked outrage. But all that notoriety was not enough for the State Police.

Even after the new father, John D. (hereinafter, the “Scourge” ), appealed the $100 ticket and a Cambridge clerk magistrate tossed it out, the department refused to give up. A lawyer for the State Police challenged the clerk magistrate's decision and appealed to restore the ticket late last month. A hearing was scheduled before a Cambridge District Court judge March 18.

The Scourge’s attorney said that in a dozen years, he'd never seen the State Police appeal a traffic ticket. He couldn't quite believe they were going to pursue one against a the husband of a woman in labor.

"When I asked, 'Are you sure the State Police want to be on record as appealing this?’ what he said reportedly said was, “I just wouldn’t have any credibility if I did not appeal this,’”

Continue reading "Boston State Police Drop Appeal For Traffic Violation, Ending Defense Attorney’s Confusion" »

February 12, 2009

Boston Youth (And His Mom) Defended For Assault And Battery On Police Officer By Some Lucky Defense Attorneys

Young Omar B., 17, (hereinafter, the “Defendant”) is a lad from Hyde Park in Boston. Saturday, he was driving in Dedham. He had a bit of an adventure. His adventure has not fully ended yet. It has transformed into a criminal justice adventure as learned on Monday, in court, needing a lawyer.

The adventure involved a wrestling match with a police officer, according to the Commonwealth. It was apparently not a solo match, though. He was part of a team.

His partner?

His mom.

Lt. Det. Francis Bielawski was directing Dedham Mall traffic at 1:30 p.m. when a car driven by the Defendant, failed to stop until it was in the intersection of Incinerator Road and Washington Street, police said. The traffic violation is, as yet, unknown.

Bielawski pulled over the Defendant, who was talking on a cell phone, and discovered the youth only had a learner's permit and was alone in his mother's car, said Lt. Robert Nedder. The law does not allow a person with a learner's permit to drive alone.

When a tow truck arrived to take the car, Bielawski and Officer Richard Cawley asked the Defendant to step out, but he at first hesitated, Nedder said.

Continue reading "Boston Youth (And His Mom) Defended For Assault And Battery On Police Officer By Some Lucky Defense Attorneys" »

February 3, 2009

The Battle Between Cruisers And Drivers Continue, Inside And Out Of Boston On A One-Way Road To The Defense Attorney

This Massachusetts Dangerous Driving tale did not begin in Boston…it did not even begin in Massachusetts. But it ended there. In Springfield. In court. With a defense lawyer by his side trying to explain why his out-of-state allegedly reckless client should go home after his arraignment.

When 33-year-old Rogelio V. (hereinafter, the “Defendant”) entered the Commonwealth on Monday morning, he was not alone. He was leading a kind of law enforcement parade. By “parade”, I mean “chase”. State and local police had been led on a wild ride that ended when the Defendant allegedly intentionally rammed a cruiser on Center Street, Captain Eugene C. Dexheimer said.

"He wasn't going to stop for anybody," Dexheimer said.

The chase began in Hartford, Connecticut after the Defendant was involved in a hit and run accident there, Longmeadow Police Sgt. John D. Stankiewicz said. Longmeadow police first spotted the Defendant, northbound on Route 5, shortly before 2:30 a.m. Until that point, Hartford and Enfield police had been involved in the chase, police said.

When the Defendant, refused to stop, Longmeadow police deployed spike strips, blowing out all four of his vehicle's tires, police said.

The “never say die” Defendant, eventually driving on his rims, continued to flee at speeds below 30 mph Dexheimer said. "Sparks were flying from the tires that now were wheels," Dexheimer said.

Continue reading "The Battle Between Cruisers And Drivers Continue, Inside And Out Of Boston On A One-Way Road To The Defense Attorney" »

February 2, 2009

Boston-area Law Enforcement Endangered By Drivers Needing Defense Lawyers

It has been a difficult and dangerous time for Boston-area police officers. While perhaps not intentional, recent tragedies and near-tragedies remind us that some of those we represent as defense attorneys often endanger not only themselves, but everyone around them when driving dangerously.

Including police officers. Let's look at two recent examples.

You have probably already heard about State Police Captain Richard J. Cashin, 52, father of four, who died last Wednesday when his cruiser crashed into a utility pole. It has now been determined that he was likely enroute to help Saugus police pull over a car that was reportedly driving erratically.

About a mile and a half from the crash site, Saugus police had pulled over the driver who, police later found out, was texting while driving, said Saugus Lt. Michael Annese. He believes it’s likely that is where Cashin was headed.

State Police spokesman Dave Procopio said “Based on the proximity of the time and location and the type of police officer Capt. Cashin was - always looking to assist other officers - you could draw a reasonable inference that he had begun traveling up Route 1 to look for an erratic driver, who posed a threat to the public, at the time he lost his life,” Procopio said.

Witnesses told police the car’s lights and sirens were not on prior to the crash, Procopio said.

Continue reading "Boston-area Law Enforcement Endangered By Drivers Needing Defense Lawyers" »

January 22, 2009

Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston

Kieth L, 22, (hereinafter, the “Defendant”), described by the Boston Herald as a “mama’s boy” is in big trouble today. He is scheduled to stand before a judge in Brockton Court. At this very moment, his attorney is wondering what he can say to get his client out on bail.

He may as well not even try. His client is not going anywhere.

The Defendant is charged with the most serious of charges, stemming out of an extremely violent scene in Brockton yesterday. He is alleged to have been raping a handcuffed Cape Verdean woman when the woman’s sister walked in. He is said to have shot the “intruder” to death and shooting the rape victim several times as she ran for help.

An elderly homeless man who may have witnessed the carnage in the middle of Clinton Street was also gunned down,, while two hero Brockton cops who captured the rampaging gunman cheated death by inches

A neighbor who lives across the street from the sisters said the surviving sibling still had handcuffs dangling from one wrist when he ran outside to assist them after hearing gunshots.
“I looked outside and saw one of the girls running, blood all over her,” he said. “I grabbed her and sat her down and told her to hang on while I ran to her sister, who I could see a distance away. But I could see her sister was already dead.”

Continue reading "Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston " »

January 16, 2009

Boston Shooting Defendants’ Attorneys Are Successful At Getting Lower Sentences And The Fury Of The Police Department

It began in early January, 2008, when three Boston men were brought to court, introduced to defense lawyers and advised of charges against them. The charges included shooting at a Brockton police officer during a chase from Brockton into Quincy.

As is usually the case, the police had won the chase and Salomao T. (hereinafter, “Defendant 1”), Faustino R. (hereinafter, “Defendant 2”) and Antonio D. (hereinafter, “Defendant 3”) were arrested.

They faced charges including possession of a weapon, assault and the like for the high speed chase and shooting.

The law enforcement community was so happy, the following was posted on January 6, 2008, about the incident at www.masscops.com:

Re: Police Chase out of Brockton, Shots Fired
________________________________________
The short version is the BPD were chasing shooting suspects in a car that fled all the way to Quincy. The bad guys are believed to have shot a few times at the cops as they were being chased. A BPD officer returned fire through his windshield (passenger officer of 2 man cruiser). A couple of cruisers crashed and so did the bad guys. 3 suspects in custody with a gun recovered.

Great Job by all involved!!!!!!!

Well, now a year later, the police are not so thrilled. Neither is the prosecutor. Who are they upset with?

Why, the judge, of course.

Continue reading "Boston Shooting Defendants’ Attorneys Are Successful At Getting Lower Sentences And The Fury Of The Police Department" »

January 13, 2009

Boston Area Police Officers Approve Of Defense Attorneys When Facing Charges Of White Collar Crimes And Drunk Driving

So far, 2009 has been an active year for certain Boston-area law enforcement officials in terms of legal problems. Take for example Stoughton’s police chief, Manuel, C., 57 (hereinafter, “Defendant 1”), this week appearing beside his defense attorney, standing trial on white collar charges that he tried to use his authority to threaten a former Stoughton businessman in April 2002 to drop a complaint of misconduct against a former police sergeant.

He’s also accused of trying to cover up the sergeant’s attempt to coerce a settlement of a civil claim against the businessman.

Defendant 1 has been on paid leave since he was indicted nearly four years ago. He began trial in Dedham Superior Court yesterday.

Then there is the tale of Brockton Police Officer Daniel M., 31, (hereinafter, “Defendant 2”) who has finally returned to work for the first time since his May 2005 arrest on a rape charge. He is now undergoing retraining before hitting the streets again, Police Chief William Conlon said.

Superior Court Judge Paul Troy is said to have dismissed the rape charge last week after a series of legal proceedings and after the woman making the allegations failed to appear in court at any time. Because the charge was dropped, Defendant 2 will receive back pay from the city. Conlon said the city is now calculating that amount.

Defendant 2 had already served a five-day suspension given by then Police Chief Paul Studenski in connection with the case, Conlon said.

Continue reading "Boston Area Police Officers Approve Of Defense Attorneys When Facing Charges Of White Collar Crimes And Drunk Driving " »

January 8, 2009

Boston-area Driving Leads To Weapons, Violence, Jail And Defense Lawyers

Driving around Boston and environs during the winter months can be an adventure. We know that the storms are coming…they tell us the storms are coming…yet we seem to be taken by surprise when streets are slippery. Perhaps it is because we are often already angry when we are dealing with traffic issues. From my vast experience of 25 years in criminal justice I have found that even waiting patiently in a traffic jam is quicker than getting angry, acting out, getting arrested, needing a lawyer and still having to wait quietly in traffic when you get out of custody anyway.

Hey - but that’s just me.

Not everybody sees it the same way I do. For example, during the early morning hours yesterday, four people in Springfield demonstrated such an alternate viewpoint. Of course, they got arrested and I am at home writing my daily blog.

The arrests took place after a minor two-vehicle accident turned into a violent confrontation on Chestnut and State streets.

Complete with gunfire.

"When police arrived they observed a Ford Expedition leaving the scene of the shooting," said Springfield Police Capt. Eugene C. Dexheimer. The operator of the Expedition (hereinafter, “ Defendant Auto A”) would not stop and was spotted by other officers on Route 5 near the Forest Park entrance approaching a Ford Mustang (hereinafter, “Defendant Auto B”), Dexheimer said.


Police determined the incident began as a car accident between the two vehicles, which then led to a physical confrontation.

Continue reading "Boston-area Driving Leads To Weapons, Violence, Jail And Defense Lawyers" »

January 2, 2009

Samuel’s Take: A Boston Drunk Driving Verdict From An Experienced Defense Lawyer’s Files

Happy new year to you all.

In each daily installment of the Boston Criminal Lawyer Blog, I tell you that, should you have reason to believe that someone is mentally measuring you for a pair of the Commonwealth’s bracelets of shame and a warm cell, you should engage an experienced criminal defense attorney.

The reasons may be obvious to some. There may be some among you, however, who think, “Aw, that’s just Goldberg tooting his own horn again. My case is so simple, a trained chimpanzee with a law degree could handle it. Besides, experienced lawyers are more expensive than those without experience.

Well, no and yes. I have not yet met any monkeys who have made it all the way through law school (although I have had my suspicions in some cases), and, yes, experienced attorneys usually cost a little bit more.

Every case is different and some cases seem more straight- forward than others. However, any case can have its little surprises. Further, even the simplest of cases can be lost.

The fact is, there are certain things that one can only pick up through experience. As in most professions, one can develop a “sense” about things.

This is especially true at trial.

Speaking of trials, I have also told you that, at times, police officers (like any witnesses) may not find it necessary to limit themselves to the truth.

How dare I?

Continue reading "Samuel’s Take: A Boston Drunk Driving Verdict From An Experienced Defense Lawyer’s Files" »

December 26, 2008

Call His Defense Attorney - Outside Boston Warrant Collector Is Back!

You know, it is not just Metro Boston law enforcement who know how to investigate. They are all trained to do it. That is why I keep telling you not to try to outwit them because you are not likely to succeed. Keep quiet, comply and get a criminal defense lawyer.

Michael W., 23, (hereinafter, the “Defendant”), thought he could fool the officer who stopped him earlier this week. He was riding in a car when it was stopped for speeding in Ashland, Massachusetts. When questioned as to his identity, the Defendant apparently gave the police a false name.

Unfortunately for the Defendant, however, the name he gave belonged to someone whom the officer knew was already in jail, according to the police.

Of course, the Defendant had a reason for wanting to be someone else…there was currently a warrant out for his arrest for the crime of rape.

Continue reading "Call His Defense Attorney - Outside Boston Warrant Collector Is Back!" »

December 23, 2008

North Of Boston, A Convicted Drunk Driver Believes She Has Gotten A Gift…But Turns Out To Need A Defense Attorney To Go Along With It

North of Boston, Evelyn C., 74, (hereinafter the “Defendant”) thought she had reason to celebrate. Instead, she found that the gift she thought received from the Registry of Motor Vehicles (RMV) necessitated a little something extra…namely, a criminal defense lawyer

You see, like many of us, she was driving around the morning of December 17th. Unlike many of us, however, she was not supposed to be behind the wheel at all until 2015.

That's what a Salem District Court judge had told her last August when he sentenced her after her third operating under the influence conviction.

She knew it and the court knew it…but, the RMV…not so much.

Just last month, in fact, they issued a brand new shiny driver’s license for the Defendant.

An isolated occurrence?

Again, not so much.

You see, her case is one of what the state auditor last summer estimated as thousands of drivers whose licenses were never yanked by the RMV despite court orders following drunken driving and other motor vehicle convictions.

Continue reading "North Of Boston, A Convicted Drunk Driver Believes She Has Gotten A Gift…But Turns Out To Need A Defense Attorney To Go Along With It " »

December 19, 2008

The Love-lorn North Of Boston Come To Blows And Need Defense Attorneys

In the north of Boston, there is a little city called Salem, Massachusetts. Salem is a fun place with its own claims to excitement. A number of years ago, for example, we used to hang people for being witches. Next to Salem, is Lynn. Perhaps for more mundane reasons, Lynn tends to be a rather exciting place to live too as we have discussed in the this daily blog many times.

Last July, a Lynn man, apparently unsatisfied with the adventures that Salem had to offer, engaged in alittle excitement of his own. Well, his and his lady friends…

Michael B., 37, (hereinafter, “Boy Defendant”), and his girlfriend, Caroline T., 27 of Woburn (hereinafter, “Girl Defendant”), came to Salem two days ago to put an end to their pending criminal matter. They were coming to plead guilty .

It had been an assault case. Actually, a domestic violence assault case. A domestic violence assault case that was allegedly committed right outside the courthouse.

The alleged victim? Boy Defendant’s estranged wife (hereinafter, “Mrs. Boy Defendant”).

Continue reading "The Love-lorn North Of Boston Come To Blows And Need Defense Attorneys " »

December 12, 2008

North Of Boston Does Its Best To Catch Up To Boston Proper’s Busy Drug Trade

Taghi T., 28, of Boston, (hereinafter, “Defendant 1”) was awaiting his mail on Wednesday. He did not realize that a criminal defense attorney would need to be involved.

Apparently, he should have.

Law Enforcement had intercepted the parcel and when Defendant 1 went to UPS in downtown Boston to claim it, he received the Commonwealth Bracelets of Shame instead. You see, the postal workers were really police officers. The package had a bit of marihuana in it…a “bit” being defined here as 10 pounds worth. And you know how the police are…always suspicious. For some reason they suspected there might be more goodies to be found, so they decided to search his Boston home.

They turned out to be right. They found a large amount of materials typically found in any healthy drug operation, according to Suffolk County prosecutors. Well, that is, if you consider 800 grams of cocaine, another 15 pounds of marijuana, more than 200 prescription pills, $25,235 in cash and various drug paraphernalia such as scales, cutting agents, and bags a “large amount”.

The Commonwealth does, incidently.

And so it was that Defendant 1 found himself before a Boston court facing various drug charges such as cocaine trafficking and drug possession.

But, hey, that’s the “big city”, right? If you are talking about Massachusetts, Beantown is the “big leagues”! The urban Mecca! What do you expect?

Continue reading "North Of Boston Does Its Best To Catch Up To Boston Proper’s Busy Drug Trade" »

December 11, 2008

Massachusetts State Trooper And Proclaimed Scourge Of Drunk Drivers Accused Of Brutality And Perjury

The Boston Herald reports about what are generally considered a couple of those “dirty little secrets” about the Justice System. They involve rather inconvenient truths that are particularly disconcerting, and so tend to be ignored, in the criminal justice arena.

And by the way....they are probably truths you have even suspected at times.

The first one is that, sometimes, police officers overdo it when it comes to force.

The other one is a bit more complicated, but I have faith in you that you can follow it.

Ready?

Step 1- Sometimes, people lie while under oath.

Step 2-Police officers are people

Step 3- Sometimes police officers lie while under oath.


No, this does not mean all police officers and it does not mean this happens in every case. I can tell you from experience, however, that I have experienced cases wherein police officers did not feel overly burdened by the boundaries of the truth.

Usually, these instances go without any penalty to the officer, although it is the crime of perjury just as when one of us “regular people” do it.

Not this time, though.

Continue reading "Massachusetts State Trooper And Proclaimed Scourge Of Drunk Drivers Accused Of Brutality And Perjury" »

December 8, 2008

Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences

Happy Monday. How did you start your weekend? I hear a lot of people went shopping. At Altman & Altman, LLP., we moved our offices next door.

In Fitchburg, Massachusetts, a gentleman had a high speed chase with an officer.

As usual, he did not win. He did, however, manage to injure a police officer, which successfully gained him membership into the infamous “Hey, I’ll Bet I Can Make This Worse” Club.

Of course, according to authorities, James T., 36 of Templeton (hereinafter, “Defendant 1”) had not exactly been the pillar of good judgment before the chase. There had already been a little matter of that warrant out for his arrest in connection with the robbery of the Fitchburg Savings Bank in Parkhill Plaza in April 2007.

Last Friday, police say that Detective Perry Pappas saw Defendant1 come out of a Marshall Street house around 1 p.m. and get into a black Saturn driven by a woman. The Detective followed the Saturn in an unmarked cruiser through city streets, and called for marked cruisers to help him with the arrest.

So far, so good.


Marked cruisers arrived around the intersection of Blossom and Crescent Streets. They signaled for the driver of the Saturn to stop.

That did not go over so well.

The Saturn did not stop. Instead, it drove along several more streets in the Fitchburg State College area and then hit another car at Pearl Street and Myrtle Avenue; that car, in turn, struck the cruiser driven by Police Officer Michael Rochette, police said.

The female driver of the Saturn was arrested at the scene and was taken to Leominster Hospital. Officer Rochette and three people in the car his cruiser collided with were taken to Leominster Hospital with what police said are non-life-threatening injuries.

Defendant 1, however, was not done yet.

Continue reading "Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences" »

December 2, 2008

Massachusetts Drunk Driver Assaults Police And Faces Charges Of Attempted Murder

Sometimes it’s the opposite of a chase…!

Yesterday’s daily blog focused on police chases and attempts by defendants to get away from the scene of the alleged crime.

But in Weston, on Route 117 early Saturday morning, Joaovitor R, 18, of Watertown (hereinafter, the “Defendant”) is said to have driven right into two police officers.

Literally.

Yesterday, the Defendant appeared before the court to answer various charges related to the event. Although pleading not guilty, he is being held pending a dangerousness hearing at Waltham District Court.

The event took place as Sgt. Keith Kasprzak and Officers Steve McShane and David Zampell were investigating an unrelated accident involving a pickup truck that hit a utility pole in the Conant Road area of Route 117 at 2:30 a.m. on Saturday.

As Officer Zampell was directing westbound traffic, a car approached him. It was allegedly the Defendant.

The car stopped within inches of the officer.

And then the driver hit the gas.

Continue reading "Massachusetts Drunk Driver Assaults Police And Faces Charges Of Attempted Murder" »

December 1, 2008

Massachusetts Alleged Drunk Drivers And Robbers - Escape Statistics Are In: You Are Losing

North Attleboro, Massachusetts, had more than its fair share of attempted escapes from law enforcement last week. Two such cases graced the hallowed halls of Attleboro District Court last Friday.

One case involved some teenagers who led the police on a high-speed chase into the welcoming arms of Rhode Island. The teens, a 15-year-old girl and three lads of 17, all of Providence, (hereinafter, “Defendants 1”) ,allegedly broke into vehicles at an Attleboro movie theatre and then took off in a stolen car.

Defendants 1 then led the police on a chase on Interstate 295 at speeds up to 100 miles per hour. Once they reached Rhode Island, the North Attleboro police broke off the chase.

Home free?

Afraid not.

Three of them were returned to Massachusetts (one is trying to fight extradition) to answer charges of breaking and entering, vandalism charges and possession of a stolen motor vehicle. The driver also faces traffic offenses.


You see, the North Attleboro police are not alone in the world. They have friends. Take Rhode Island law enforcement, for example. Rhode Island authorities picked up the chase, which ended on Route 7 in Smithfield, R.I., when the vehicle crashed into a brushy area off the highway.

So, other than the Massachusetts charges, they all now all face related charges in Rhode Island.

While two of the above-mentioned boys were arraigned in North Attleboro District Court last Friday, they had plenty of people to talk to. For example, there was Dennis W., 23, of North Attleboro (Hereinafter, “Defendant 2”). The police say that Defendant 2, an alleged drunk driver, struck a utility pole and drove off before calling a friend to drive his car.

Continue reading "Massachusetts Alleged Drunk Drivers And Robbers - Escape Statistics Are In: You Are Losing" »

November 21, 2008

Boston Intoxicated Driver Said To Speed Through Massachusetts Town

Sean G., 20, of Roslindale (hereinafter, the “Defendant”) was out for a drive early Wednesday morning. Normally, that might not pose so much of a problem. However, this time was different.

You see, according to the police, the Defendant was drunk. Upon further investigation, he was apparently not even supposed to be driving the car in the first place.

However, the Defendant’s real problems began when the police took notice of the gray sedan in Holliston, Massachusetts.

According to Police Sgt. George Leurini, the Defendant was seen driving the sedan on Route 126 traveling over the posted speed limit. The Speed limit was 25 miles per hour – the Defendant was going 39 mph. Sgt. Leuini turned on his siren.

Apparently, this confused the Defendant as he neither stopped nor slowed down; he sped up. Now, instead of the 39 mph, he accelerated to 70 mph.

The police car gave chase.

Perhaps quizzical as to why 70 mph was not enough to satisfy the police, the Defendant kept accelerating until it became a high speed chase at speeds of 100 mph.

Continue reading "Boston Intoxicated Driver Said To Speed Through Massachusetts Town" »

November 19, 2008

Massachusetts Juvenile And Adult Turn To Weapons And Assaults To Handle Emotional Issues

Where do people learn such animosity?

Today’s daily blog involves two stories that have to do with dysfunctional family situations. We start with a story from Brockton, Massachusetts, where a 15-year old juvenile (hereinafter, “Juvenile Defendant”) now faces charges for an apparent “teddybearicide”.

Now a guest of the Commonwealth, at least until Thursday, Juvenile Defendant has thus far been charged with possessing an explosive device and disturbing the peace. Additional charges may be forthcoming.

It all began Monday evening when local police and the state police bomb squad responded to a 911 call reporting a potential explosive device that had been attached to a teddy bear and left on Florence Street that afternoon, a fire official said.

“It was a plastic bottle that had a solution inside the bottle that was mixed in a way that, after a period of time, it would explode,” Deputy Fire Chief George Phillips said. “A teddy bear was wrapped around the plastic bottle and it was left in the street.”

A representative from the state fire marshal’s office also responded, Phillips said.
It took authorities about 30 minutes to detonate the device with a robotic machine designed to disarm explosives, Phillips said.

Continue reading "Massachusetts Juvenile And Adult Turn To Weapons And Assaults To Handle Emotional Issues" »

November 14, 2008

Drunk Driving In Massachusetts – Three Stages Of The Criminal Justice Experience

As we head into another weekend…edging ever closer to the holiday season…a reminder about one of the more common criminal justice pitfalls which people tend to experience. Namely, drunk driving.

Many cases around the subject of Operating Under the Influence have hit the press this past week. Today’s daily blog looks at three of them, all three differing in their stage of the prosecution.

First, let’s look to Yarmouth, Massachusetts, the scene of an interesting arrest scene, particularly if you are a dog lover, Tuesday. Axel, the police department K-9 dog, was called upon to help locate an alleged drunk driver at the Foxwoods Condominiums in West Yarmouth .

Bryan C., 41, of Barnstable, (hereinafter, “Defendant 1”) is said to have crashed his 2001 Monte Carlo deep into the woods off Camp Street around 10 p.m. Tuesday. Police say he then fled the scene.

Strikes one and two.

When officers arrived they found the severely damaged car, but no driver. Police were told by a witness that the lone male driver had crawled out of the vehicle, grabbed an item and ran off.

Police brought in K-9 patrol officer Peter McClelland and his partner Axel to track the suspect. They initially found an opened and cold 12 pack of beer - with four remaining cans - on the side of the road about 200 yards from the crash scene. The track continued and led to the front door of a unit at the condominium complex.

Once found, Defendant 1 told officers he was "having a bad night" and admitted to driving the vehicle.

Strike three. Out.

Continue reading "Drunk Driving In Massachusetts – Three Stages Of The Criminal Justice Experience" »

November 10, 2008

Arrests Made During Investigations Concerning Juvenile Alcohol And Drug Traffic North And South Of Boston

Friday night was a big night for Massachusetts law enforcement in the prosecution of juvenile alcohol parties and narcotics investigations.

In Danvers, An investigator's patience paid off as he sat back and watched an alleged drug deal, stopping the car afterwards. He found a wide variety of drugs in the car, police said yesterday.

Danvers Police Lt. Carole Germano said Detective Robert Sullivan was staking out a Newbury Street business at 10:15 p.m. Friday. "He had set up surveillance in the Motel 6 parking lot and he observed a hand-to-hand (pass) and subsequently stopped the vehicle and seized the drugs and currency," she said.

The stash allegedly found included cocaine, heroin, Vicodin and other prescription drugs inside the car, as well as an undisclosed amount of money.

Darren L., 40, and Twyla H., 27, (hereinafter, “Defendants 1”), both of Lynn, were arrested and charged with conspiracy to violate a drug law, drug violation near a school or park, possession of Class A drugs to distribute, possession of Class B drugs to distribute and three counts of possession of Class C drugs to distribute.

The stop of the car was also occasioned by the driver’s alleged failure to stop at a stop sign, winning her an additional criminal charge.

Meanwhile, in Plainville, Massachusetts, thirteen youths, all under 21 years old, (hereinafter, “Defendants 2”) were having their weekend ruined. They were arrested at a party with underaged drinking Friday night, police said.

Continue reading "Arrests Made During Investigations Concerning Juvenile Alcohol And Drug Traffic North And South Of Boston" »

November 7, 2008

South And North Of Boston Tales Of Drunk Driving And Providing Alcohol To Minors Come Home To Roost

Massachusetts just voted to change the way we handle the prosecution of possessing a small amount of marihuana. Meanwhile, alcohol still seems to be getting its share of publicity as well.

Two recent stories bring the subject of alcohol home.

No, literally….home.

For example, at approximately 4:30 a.m. this past Saturday morning, Park Street in Stoughton was the scene of a lot of excitement; a car crashed into one of its houses, causing a fire that is now said to have made the house structurally unsafe.

Donald M., 22 (hereinafter, “Defendant 1”) is said to have driven into the uninhabited home, police said, and charged with operating under the influence of liquor, operating a motor vehicle negligently so as to endanger and marked lanes violation.

Fortunately, the home had already been uninhabited.

“Why?”, you ask.

“Because a similar thing happened last year”, I answer. That’s right, the house had already sustained serious damage, including a gaping hole to its foundation, caused by a similar accident last year. Defendant 1’s accident simply added another gaping hole. And caused a fire. And pushed the safety of the structure over the edge of soundness.

Continue reading "South And North Of Boston Tales Of Drunk Driving And Providing Alcohol To Minors Come Home To Roost" »

October 22, 2008

Cousin Reveals Massachusetts Drunk Driver Leaving Scene And Attempting Fraud

We are now announcing a special “family plan” for the “Hey, I’ll Bet I Can Make This Situation Worse” club we have spoken so much of in this daily blog.

Lawrence, Massachusetts. July, 2008. A 1997 Honda Civic careens into a fence on Phillips Street. Eduard M., 19, (hereinafter, the “Defendant”), the driver, takes the unorthodox approach – he tells his passengers to follow him and they flee the scene. He then reports the car stolen.

It’s a good start toward individual membership. After all, what’s a simple car accident when you can have charges of leaving the scene and fraud added with very little additional effort?

Clinching this nomination, however, is the Defendant’s cousin, Jose, who then went back to the scene to retrieve his hat.

You see, Jose is a friendly guy and ended up talking about the situation with a resident of the house where the accident had occurred. He told the resident how the Defendant had been drunk, but that his auto insurance would cover damage to the fence.

Lawrence police are a friendly bunch too and one of their officers ended up engaged in the conversation with cousin Jose. So, Jose elaborated on the story. He told the officer that his cousin, the Defendant, was drunk and had a suspended driver's license, but still insisted on driving five other people home from a party on Kendall Street. Missing a turn at Dorchester and Phillips streets, the Defendant hit the fence instead.

Continue reading "Cousin Reveals Massachusetts Drunk Driver Leaving Scene And Attempting Fraud" »

October 21, 2008

Prosecutors Dismiss Case Against Britney Spears Following Mistrial in Her Driving Without a Valid License Case

Prosecutors say that they are dismissing the criminal case against Britney Spears, who was charged with driving without a valid license. The news comes after a mistrial was declared in her case on Tuesday, following a jury deadlock of 10-2 in favor of acquitting the pop star.

The case is related to a motor vehicle crash in August 2007 involving Spears and another vehicle in Los Angeles. At the time of the crash, Spears reportedly was not driving with a valid California driver’s license. She was, however, carrying a valid Louisiana driver’s license. A misdemeanor hit-and-run charge against Spears for the accident was dropped last year.

While the defense argued that Louisiana was the singer’s place of residence when the crash occurred, the prosecution argued that Spears should have been driving with a California driver’s license because Los Angeles is her permanent home. Three witnesses testified during her trial.

If Spears had been convicted of driving without a valid license in California, she would have ended up with a misdemeanor conviction and a criminal record. The penalty for the conviction is up to six months in jail, but prosecutors say that the performer would more likely have been fined and placed on probation.

Driving without a Valid License in Massachusetts
In Massachusetts, you must have a valid license or permit to drive a motor vehicle in the state. If your license was revoked or suspended, then you do not have a valid license.

It is illegal for you to drive without a valid license, and you will face a criminal motor vehicle violation if you are apprehended. You could face a fine and jail time if convicted.

No retrial: Case against Britney Spears dismissed, AP, October 21, 2008

Judge declares mistrial in Britney Spears case, Reuters, October 21, 2008

Related Web Resources:
Chapter 90: Section 10. Operation of motor vehicle without license; members of armed forces; nonresidents; suspension or revocation of license, The General Laws of Massachusetts

Hit-and-Run Charge Against Britney Spears Dismissed, People, October 25, 2007

Massachusetts Registry of Motor Vehicles

Continue reading "Prosecutors Dismiss Case Against Britney Spears Following Mistrial in Her Driving Without a Valid License Case" »

October 17, 2008

Drunk Driver, Fifth Offense, Says Prostitute Caused The Accident

You know, I think prostitutes are getting a bad rap this week. Yesterday’s daily blog covered a young lady with a record for prostitution being arrest under…curious…circumstances. Today, we examine a case where a prostitute is blamed for something once again…and not for her chosen profession. It is unlikely to end the same way, though.

57-year old Leonard R. (hereinafter, the“Defendant”) had a little problem this past Sunday, apparently when he was returning home in Pittsfield. Well, he did not exactly drive to his home…he drove into his home. His speed is not indicated, but his Toyota Tundra is said to have destroyed a garage door and caused structural damage to the brick building.

According to Central Berkshire District Court records, he was driving with a revoked license. His license had been revoked because of previous drunk driving convictions.

Oh yes, he is also alleged to have been drunk at the time of the collision with his apartment building.

Well, he was now home, after all, so he left the nasty seen and went to his apartment. According to Pittsfield police, he was found "hiding in his bedroom closet".

Continue reading "Drunk Driver, Fifth Offense, Says Prostitute Caused The Accident" »

October 13, 2008

Massachusetts Trespassers, Thieves And Adventurers Face variety Of Criminal Charges West and South Of Boston

Today is Columbus Day. As we honor the adventurer who is celebrated as the man who discovered America (although other people were already living here at the time), I think it appropriate that we recognize other valiant efforts at similar discoveries. However, being that this is a daily Criminal Law blog, we unfortunately have to focus on a few not-so successful voyages.

It turns out to be easy, though; last week was not a particularly good week for voyagers to the other side of the law, especially south and west of Boston.

Let’s turn first to Tuesday in Warren, Massachusetts, where the police believe they have linked a suspect to three recent break-ins. This gentleman, Matthew W., 24, (hereinafter, “Defendant 1”), was captured thanks to his alleged intended victim – a 78-year-old woman who confronted him in her bedroom and chased him out the window.

Defendant 1 is currently being held at the Hampshire County House of Correction in Northampton, awaiting trial on charges out of Ware. Tuesday, he was arraigned at Western Worcester District Court in East Brookfield on nine counts related to three break-ins.

According to court documents, the intended not-so-helpless victim was inside her apartment in West Warren about 9:30 a.m. when she heard a voice yelling “Hello, Hello,” outside her bedroom window. She went to the window and saw a young man, who asked if she’d like him to mow her lawn. She declined and he asked her if she got out much.

Continue reading "Massachusetts Trespassers, Thieves And Adventurers Face variety Of Criminal Charges West and South Of Boston" »

October 10, 2008

Massachusetts Driver On Probation Faces Third Round Of Charges For Operating Under The Influence

David K., 38, of Hamilton, Massachusetts (hereinafter, the “Defendant”) is getting points for consistency – negative points. He has just been arrested for his third alleged occasion of driving under the influence. In fact, he also faces bonus points for violating probation because of the arrest. Currently, he is awaiting his final score as a guest of the Commonwealth.

The Defendant came to the attention of police when he was driving just after 2:00 a.m. on Bridge Street in Beverly. Unfortunately, the headlights on his pickup truck were not on. He was pulled over and, during questioning, the officer says he smelled alcohol and noticed that the driver seemed uncoordinated as he fumbled for the registration. When asked if he had been drinking, the Defendant showed the officer a prescription bottle of Trazadone, a painkiller he said he was taking because of surgery to his Achilles tendon two years ago. According to the police report, he also told the officer that he had taken two pills — twice the suggested dosage.

Digesting all of this, the officer checked the Defendant’s information and learned that the Defendant was not even supposed to be behind the wheel in the first place. In addition to a one-year license suspension because of two similar cases last year, his license had been revoked in December for four years by the Registry of Motor Vehicles, which deemed him a habitual offender for some reason.

You see, last year, the Defendant was arrested twice in less than a month for impaired driving. On August 4, 2007, he was charged with drunken driving after sideswiping another driver on Route 128 in Danvers, forcing the other driver off the road, according to a police report. He registered a .30 on a Breathalyzer test that time and denied that an accident occurred, despite a mirror hanging off the other driver’s car and other damage.

A few weeks later, on August 30, 2007, he was driving near the intersection of Bridge and River streets when he turned a corner and crashed into the side of a car that was stopped for a stop sign, injuring one of the two young children in the back seat, according to a police report. When the police came, they saw that the Defendant, who was not supposed to be driving because of the earlier arrest, was “lethargic” and slow to respond. He explained that he had taken both Ativan and Torpol that morning. Police believe he had also taken twice the recommended dose, according to the report.

In October, 2007, Judge Robert Brennan ordered the Defendant to serve 90 days of a 2 1/2 year jail term for both cases, with the balance suspended for two years. During those two years, of course, he would be on probation.

You guessed it…that means that the new arrest violates his probation and the Defendant could now be facing another 27 months in Middleton Jail if he is found to have violated his probation. This would be on top of any additional punishment for the new charges.

The Defendant makes his next court appearance on Oct. 16th; this time the Commonwealth will be providing his transportation.

Sam’s take:

I am sure you already know that you are not supposed to drive while intoxicated. I’ll bet you even know that it is illegal to drive when your license is suspended or revoked. However, here is something that you may not know…at least today’s Defendant did not seem to know…you are not supposed to drive if you are impaired by medication, even if it is legally prescribed.

The Bridge Street Bomber seemed to think that by showing the police that he was simply under the influence of medication would somehow solve the problem of his fumbling with his registration and odor of alcohol. The “No, I’m not drunk…just under the influence of this other little beauty” approach will not, and did not, help the situation. Neither does explaining how you took a double dosage…especially when you seem to have a history of doing that.

Years ago, people did not take drunk driving very seriously. It is widely understood that this has changed in a big way. However, there are still people who think that driving without a valid license is not that big a deal. It is. Aside from being a crime in itself, driving when your license is not valid sends a message to the court that its rulings do not particularly matter to you. Judges tend to frown upon that.

And now a word about being on probation. “On probation” is not a legal term for “Care Free”. Failing to follow the department of probation’s directives means a violation of probation. A violation usually means jail. When the violation is a new arrest, the result is usually jail before the new case is even resolved. That’s right…while you are still presumed innocent of the new charges.

While on probation, you are in a state of diminished rights. You are free so long as you comply with your probation officer. You also have fewer of the safeguards afforded you when facing a regular criminal charge. While there is a hearing, there is no full-blown trial. The issue to be decided is not whether you are guilty of the new offense. It is whether you violated probation.

Again, getting re-arrested is a violation of probation.

If you have any question about your rights while on probation or what does and does not constitute operating under the influence, you should contact an experienced criminal defense attorney. Do not guess. Do not assume. And, if your ability to drive is compromised, do not drive.

Have a good and law-abiding weekend!

The full article of this story can be found at :
http://www.salemnews.com/punews/local_story_283001115.html

October 7, 2008

Outstanding Warrants Come Back To Haunt Massachusetts Resident

William Shakespeare once told us that a rose by any other name would smell as sweet. His point was “What’s in a name?” A gentleman from Chicopee, Massachusetts, apparently agrees with him. In Chicopee, he is known as Felix Maldonado. In Waterbury, Connecticut, however, he was known as Alfredo “Eddie” Gonzalez. But to us, as well as the criminal justice system, he is now known as the Defendant.

The Defendant, 43, is currently being held without bail in Connecticut, courtesy of the Commonwealth of Massachusetts, where his various identities were finally meshed. He was returned to Connecticut in August to face 18 outstanding arrest warrants dating back to 1995 and 1996.

He had been alluding authorities for years by moving around and using a variety of aliases and birth dates, police said. After all, what good is a new identity without a new birthdate to go along with it?

The Defendant had a real talent in the fine art of escape. At one time, police said, he escaped from the rear of a state police cruiser on Interstate 84 after being stopped for a New Jersey drug charge. In Connecticut, he was known for running a major "chop shop" for stolen automobiles in the 1990s.

The last known Chicopee address for the Defendant was on Plante Circle, although it is not known how long he lived there…how long he may have lived in Chicopee…or where else he may have lived. While he was bouncing around from locale to locale, Connecticut State Police Sgt. Robert Kenney, the former supervisor of the region's auto theft task force, is said to have been diligently investigating the case

"Information obtained as a result of Sgt. Kenney and his team helped us locate the accused. Certainly, he was able to elude capture and certainly, we made all law enforcement agencies know we had active arrest warrants for him and we were looking forward to when he surfaced and he did exactly just that," said Connecticut State Police spokesman Lt. J. Paul Vance.

Vance explained that the Defendant’s elusiveness stemmed, as in other cases, from the use of aliases and other false information. "Certainly, this was great police work and he faces several felony violations which could be punishable by significant incarceration. These are serious felony charges," said Vance.

Some of the charges are larceny, operating a chop shop, abandoning a vehicle and changing a vehicle identification number. Authorities also noted that he was adept at sharing his wealth of “catch me if you can” talents and hiding the identity of various cars.

Chicopee District Court officials said the Defendant has been in the courts for motor vehicle and related offenses, assault in a dwelling while armed with a firearm and witness intimidation this year.

He has served time in the Hampden County Correctional Institution in Ludlow and is on probation in Massachusetts through June. Unfortunately, defaulting and hiding from the Commonwealth is generally a violation of probation. Doing it across state lines can also trigger federal charges.

Stay tuned, I guess, for more states, names and birthdates as word of this catch me kid circulates across the country.

Sam’s take:

They say you can’t escape your own past; that is true in the criminal justice system. Many people believe if they put some effort into it, they can hide from pending criminal charges and the authorities will forget about them. It does not work that way.

If you do not show up for a court date, the court does not take a “Well, if he doesn’t care; I don’t care” approach. The court orders a default warrant. It is a warrant for your arrest because you defaulted…in other words, you did not show up. In civil cases, a default means you have lost your case. That is generally not how it works in the criminal justice system. Except in some cases involving trials, it means that the case is on hold and they are looking for you. When you are found, you will be brought back to face the charges, only now you will probably be awaiting your trial behind bars because you have shown yourself to be a flight risk. Not only that, but most likely whatever bail you or a loved one had posted will have been forfeited because you did not show up.

Over my many years in the trenches, I have heard many excuses for not showing up in court. They vary in complexity:

“I lost the piece of paper”

“I forgot”

“The court told me I did not have to come back”

“My lawyer told me I did not have to come back”

“The court officer told me I did not have to come back”

“I was busy”

“I was on my way, but I was late because I had to drop my daughter off at school. Then I had a panic attack. Afraid I might have a heart attack, I checked into a hospital. When I was released from the hospital, I was going to come to the court, but wanted to get a sandwich first. After eating it, I felt nauseous, so I went home to lay down. I must have had food poisoning because I slept for three days. By the time I woke up…I forgot about the case.”

Ok, I admit that last one is a combination of a few excuses I have heard. And I know that sometimes something unexpected comes up. But, as far as the court is concerned, there is nothing, short of emergency hospitalization, that is more important than your showing up in court. In the case of such hospitalization, you had best show up in court at the first possible moment with some kind of proof as soon as you get out of the hospital.

If you are currently hiding from a default warrant…stop. Each day that goes by worsens your situation. Returning to court on your own is often treated differently, and more favorably, than being brought in against your will. Be sure, however, that being caught is inevitable. It may be because you were stopped for speeding, renewing your driver’s license, applying for a new job, going to pick up a check, or one of a myriad of other typical daily experiences.

The thing to do is to contact an experienced attorney as soon as possible and make arrangements to make your return to court with as little a risk as possible. Each day you wait, the risks rise.

The bottom line? You can run, but you cannot hide…for too long.


the full article of this story can be found at
http://www.masslive.com/news/index.ssf/2008/10/fugitive_felix_maldonado_also.html?category=Chicopee+category=Crime

October 6, 2008

Boston Driver Creates New Lane And Chaos On Route 93, Adding Multiple Charges To Operating Under the Influence

It would seem that some people are never satisfied. Now that “The Big Dig” is completed, one particular driver was unhappy with the lanes created by the extensive project. Her solution was apparently to create a “speedy-reverse lane”.

Siobhan H, 21 years of age and Norwood of residence (hereinafter, the “Defendant”) was in court this past Friday facing various charges for her ingenuity. She had come to the attention of police when calls were received of a driver traveling on the wrong side of the highway at the Hanover exit on Route 3. She continued in her special lane, traveling almost 20 miles in the wrong direction on I-93 Southbound all the way to Dorchester in her 1998 Chevrolet Malibu. She drove at speeds over 100 miles per hour, according to the authorities.

When the police tried to stop her, she did what one would expect she would do; she tried to out-drive them. During the chase, the Defendant slammed into one car and jersey barriers. Finally, the police blew out her tires through use of “stop sticks”.

While the car chase, and the existence of her individualized lane, had now ended, the Defendant, was not quite ready to call it a day. So, she took off on foot into nearby woods. However, the inevitable did occur. She was found by state troopers and the K-9 section near the Neponset River.

Based upon keen observation of the Defendant’s demeanor and actions, the officers administered a field sobriety test and a portable breath test. She apparently consented. It was a shock to none that she failed the tests. Sources said Her blood-alcohol level was twice the legal limit.

According to prosecutors, discussion with the police further reflected her…unique… attitude.

The officer told her, "You are lucky you didn't kill someone"

Her response was "Yeah, but I didn't."

Ever seeing the glass half-full, she posted bail Friday evening. She now awaits a Pretrial Hearing.

Sam’s take:

You know, there are some days when this daily blog just seems to write itself.

Needless to say, while creativity is usually appreciated in this world, there are limits. You do not get to create your own high speed lanes going the wrong direction on highways. You do not need me to tell you that it is dangerous and illegal…in the extreme. You also know that driving drunk is similarly frowned upon.

Once again we have a defendant who seems to be a devoted member of the “Hey, I’ll Bet I Can Make This Worse” club. Aside from the obvious original crime which risked the lives of herself and everyone else on Routes 3 and 93, she tried to outrace the police while driving. She tried to outrun the police on foot. She had the absolute need to open her mouth while being arrested, giving the prosecutor even more evidence to use against her to the judge and/or jury.

She also, by the way, showed the poor judgment to agree to both field sobriety tests and the breathalyzer. While nothing has yet been proven beyond a reasonable doubt, let’s stretch our imaginations and consider the possibility that she had been drinking…to whatever state of inebriation. She knows she just drove like a crazy person and then led the police on a chase that ended in their popping her tires after she had already hit one car and the jersey barrier. What could she hope to prove by way of the two tests?

In Massachusetts, one loses one’s license for a time if the tests are refused. Did she really think that her license was not already about to be, at least, suspended? Giving new meaning to the term “dangerous driver”, combined with any other suspicion that she had been drinking was going to cost her the license for a time. Now, she has done her very best to ensure that it is for the longest time possible. Of course, she will not be needing to drive too much if confined to the local jail or state prison for the variety of charges she will now face.

Once again, if the police pull you over…go over. Particularly if you know you have been drinking, politely refuse the tests. Do not indulge the desire for clever repartee with the officers. Chances are, if you may be drunk, it will not be so clever.

Simple wisdom here, folks. Be quiet. Comply. Get a lawyer…fast.


Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, P.C. A former prosecutor in New York, he has worked as a defense attorney in Boston over 18 years. He frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network

The full article of this story can be found at http://www1.whdh.com/news/articles/local/BO90313/

September 29, 2008

Western Massachusetts Runners Attempt To Escape Arrests For Shoplifting, Possession Of Stolen Automobile and Parole Violation This Weekend

The “wild west” has long been associated with images of folks making their own rules and bravely trying to tame the frontier. It would appear that two Western Massachusetts gentlemen had similar attitudes…although, according to the police, their actions would be more aligned with untaming than taming the area.

Let’s start with this past Friday in Springfield. 30-year old Ricardo M., (hereinafter, “Defendant”) was observed by police officers while allegedly ducking down inside a car near 86 Maple Street. When simply nestling under the dashboard did not work, he decided to jump out of the car and lead the police on a foot chase. This, however, did not make his situation dire enough, so he took the extra alleged step of breaking into an elderly woman’s apartment to hide.

She screamed. Police came. He was arrested.

Winning second place in the race, Defendant was awarded the runner-up prize, namely, charges of receiving a stolen motor vehicle (the ignition was found “popped” upon further investigation), breaking and entering in the nighttime with intent to commit a felony, possession of burglarious tools, driving with a suspended license, two counts of assault and battery on a police officer and resisting arrest. Oh yes, and a prize he had previously won, but never claimed – reunion with an outstanding parole warrant.

And so the Wild West Weekend began.

The Saturday Criminal Justice Races were held in Leominster. This race track did not include anyone’s apartment, but did include railroad tracks and all four lanes of Route 2.

The cause – at – issue for this life-threatening contest were charges for shoplifting videogames from a nearby shopping center.

Not surprisingly, the police won this race too. The runner-up prize was, once again, the Commonwealth’s bracelets of shame and additional criminal charges.

Sunday’s racing results have not yet been reported…or, at least, read.

SAM’S TAKE:

Perhaps I have not been clear enough in these daily blogs; that may well be the problem. Attorneys are supposed to be clear and try their best to make sure they are understood in these apparently complex and mysterious matters. Let me approach this way:

IF THE POLICE ARE SEEKING TO QUESTION OR DETAIN YOU, DO NOT RUN, HIDE, DRIVE, CRAWL, PUSH, SHOVE, ROLL OR ATTEMPT TO FLY AWAY. IT WILL ONLY MAKE MATTERS WORSE AND, OFTEN, BRING TO LIGHT THINGS THEY NEVER EVEN SUSPECTED!

If you have been apprehended or simply approached by the police…whether you are guilty of what you suspect their concerns are or not…engaging them in the Olympian way is not going to work. At best, you will win the runner-up prize of additional criminal charges. At worst, you could lose your life. You will certainly be further risking your liberty.

Nobody wants to be facing charges for receiving stolen property, violating parole or probation, shoplifting or the like. However, adding charges for resisting arrest, breaking and entering, assault and battery on a police officer and the like is hardly a profitable solution. It is, simply speaking, making a bad situation much worse.

“Self help” seldom works in the Criminal Justice system…especially for defendants. The way to minimize damage and help yourself is to comply with the officers and close your mouth until you get an experienced attorney to assist you. That’s right, no matter how golden a tongue you might feel you have, attempting to out-smart the officers to convince them why they should simply let you go will not work either. You will only give them more ammunition to use against you. That’s part of the reason for those Miranda Rights you’ve heard so much about.

I have been dealing with the myriad of cases the Criminal Justice system brings in for over twenty years. In the 1980’s, I was a prosecutor in two different states. Since the 1990’s, I have been a Boston criminal defense attorney handling cases in courts throughout Massachusetts. I cannot tell you how many cases I have handled in which, if the defendant simply was quiet and respectful to the police, the case could have ended early on with little to no damage but, because of a failed attempt to outsmart or outrun the police, the defendant was held in custody and faced heavier charges.

By the way, not only does trying to escape not work and bring additional charges, it also hurts you at trial. There is a doctrine called “Consciousness of Guilt” which prosecutors love to argue before judges and juries. The argument is that a person running to escape the police is evidence that they have a reason to do so…also known as guilt of what is being investigated.

To sum up, trying to run away from law enforcement is the anti-gift that keeps on “giving”. Get an experienced attorney with whom you are comfortable to help you deal with your problems in the trenches. The bottom line is that, without one, you are unarmed in the streets and the courtroom when dealing with these issues.

NOTE: The daily blog will not be so daily this week, I’m afraid. I will be unable to post on Tuesday and Wednesday due to the Jewish holiday of Rosh Hashanah. However, I will be back and posting on Thursday.

Samuel Goldberg is the senior defense attorney at the firm of Altman & Altman, P.C. A former prosecutor in New York, he has worked as a defense attorney in Boston over 18 years. He frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network

The full articles of these stories can be found at
http://www.masslive.com/news/index.ssf/2008/09/springfield_police_arrest_susp_6.html and http://www.telegram.com/article/20080928/DIGESTS/809280397/1005/NEWS06

September 17, 2008

Arrest Warrant Inspires Massachusetts Driver To Make As Many Mistakes As Possible During Traffic Stop

Some people have not been taking this blog to heart and so apparently did not believe that it was not good to take a bad situation with law enforcement and make it worse. Now, 19-year-old Falmouth resident, Tevis Yarmala, faces multiple charges after he allegedly struck and tried to stab a Falmouth police officer in the face with a stick during a traffic stop last week.

Mr. Yarmala is alleged to have run a red light. First strike. Observing this, Patrolman Christopher Bartolomei , according to police reports, pulled the vehicle over. Mr. Yarmala is said to have greeted the officer by name. Second strike. When the patrolman “detected” the odor of burnt marijuana and asked about it, Mr. Yarmala admitted to smoking marijuana at a friend's house. Third strike.

In this particular game…not out yet.

Mr. Yarmala was then ordered out of the car. His response was apparently to strike Officer Bartolomei in the head with his elbow when Officer Bartolomei attempted to remove a plastic bag containing marijuana from Mr. Yarmala's pocket. A struggle ensued in which Mr. Yarmala is said to have made "moans and groans as if he were possessed."

Strike out.

A passing motorist came to the officer’s assistance and the two were able to subdue Yarmala sufficiently so that he could be handcuffed with his hands in front of him. Mr. Yarmala, who was not ready to give up the game, is reported to have reached above his head, grab a four inch stick and attempt to stab Officer Bartolomei in the face. When additional police arrived, the Commonwealth’s newest guest was handcuffed with his hands behind his back and shackled. Ever the optimist, he continued to put up a struggle.

But it was “game over”.

During the fight, Mr. Yarmala was apparently able to successfully grab the bag, rip it and scatter some of the contents on the grass. A portion of the marijuana that had been scattered was recovered. It, along with portion still in the bag, totaled 60 grams.


Officer Bartolomei injured his knee during the fight when he crashed through a stone wall. He was treated at Falmouth Hospital and told that he may have sustained ligament damage.


Mr. Yarmala, aka Defendant, was charged with possession of a class D substance, possession of a class D substance with intent to distribute, violating drug laws near school or park, assault and battery on a police officer, assault with a dangerous weapon, disorderly conduct and several traffic violations. An arrest warrant had already been in force at the time of his arrest, the result of an OUI and leaving the scene of an accident on August 28th.


Sam’s take:

Well, at least Mr. Yarmala had more to be afraid of than simply getting a traffic ticket given the outstanding arrest warrant. However, as discussed in earlier blogs, all he accomplished was to make a bad situation infinitely worse. The fact is, even if there is a warrant out for your arrest, engaging the officer in a struggle is going to make your plight much, much worse. And, by the way, if you are in mid-struggle with the solo police officer…when a bunch of his fellow officers show up…your chances at success do not increase, they decrease. And when you are cuffed and shackled? It is a strong sign that you are probably not going to win the struggle. As they say in “Star Trek”, “Resistance is futile”.

Actually, Mr. Yarmala’s mistakes began long before last week. First of all, leaving the scene of an accident in which there was damage is a crime in itself and is seldom successful. He apparently was aware that there was an arrest warrant out for him. I cannot tell you how often I meet a client who was aware they had such a warrant, but thought they could somehow outlive it without having to answer to it. These meetings often take place in jail, by the way. So far, at least in my more than twenty years of experience in the Criminal Justice Trenches, this has not been a gamble that pays off. Things get much worse if you do not address the warrant yourself voluntarily before the good folks in blue show up at your door. So, if there is a warrant out for your arrest, deal with it before it catches up with you.

It was a mistake for “You Can’t Catch Me” Yarmala to go through the red light or to drive after smoking marihuana . Those are really so obvious they are barely worth mentioning. So, let’s go to the next stop (no pun intended). Especially if you are driving around with an arrest warrant dangling over your head, the wiser course is to not have some leftover drugs in your pocket. If pulled over under these circumstances, it is not the best of judgment to be a wise-guy and happily greet the officer by name. And if you found these things to difficult to follow…you really do not want to answer happy little questions like if you had been smoking marihuana. There is that whole right to remain silent and get a lawyer thing, remember?

And then there is that attacking of the police officers problem. Bad idea. You will not win. The only rewards you can hope for are more charges and greater injuries.

By the way, assuming he was not merely trying to fit in some planting, Slugger Yarmala’s attempts to sprinkle out the marihuana was really a fool’s errand. First of all, as discussed in earlier blogs, the drugs do not have to be found physically on you for you to be successfully prosecuted for them. Even if they did, if they had already been observed in your pocket, dumping them in front of the officer does not usually change history.

So, let’s review the lessons of today’s daily blog:

1. If you have an accident causing property or physical damage, do not simply leave;
2. If there is a warrant out for your arrest, get an attorney and deal with it immediately, if not sooner;
3. Do not drive stoned or drunk and do not carry your stash around with you while out for a drive;
4. Do not engage the officer who stops you in clever repartee like calling him or her by name or telling them that you just smoked pot. Answer the questions you have to answer (as in give your license and registration) and wait for a lawyer to assist you;
5. Do not attack, fight, struggle with, try to kill, attempt to outrun, drive over, stab, dump drugs in front of, or even argue with the officer. Do what you are told and minimize damage; and finally,
6. Read this daily blog and take its lessons to heart!

The full article of this story can be found at :
http://www.wickedlocal.com/falmouth/archive/x332631811/Falmouth-traffic-stop-results-in-scuffle-multiple-charges

September 15, 2008

Springfield Massachusetts Ambulance Patient Changes Seats In Motor Vehicle And Role In Criminal Justice System

Have you ever heard the saying “the lunatics are running the asylum”? We begin the week with a story about an interesting twist on it.

It was last night. Sunday night. All around the Commonwealth, people were preparing for a new week of work and school. The clock struck 9:30pm. Perhaps you were getting ready to retire for the evening, resting up for what the week would bring. An ambulance patient in Springfield, Mass., however, had other ideas. He decided to overtake and commandeer the ambulance.

The unnamed joy rider was being taken to Mercy Medical Center. The gentleman had been reported as acting erratically. Suddenly, he decided to turn things around. He attacked and started beating the medical technicians, successfully chasing them out of the ambulance on Chestnut Street. Once the technicians jumped ship (or ambulance), he took control of the vehicle and began driving. Apparently a stickler for consistency, he drove erratically through Springfield, hitting a Peter Pan bus, a car and then a parked car on Main Street, said Springfield Police Lt. Robert Strzempek.

The chase ended when the patient drove on the wrong side of Main Street hitting a small black car head-on, pushing it 50 feet north from Congress Street to Emery Street. The unauthorized self-transport driver is said to have received shoulder injuries.

Now facing a variety of criminal charges, including motor vehicle assault and assault and battery on the medical technicians, it is not indicated whether the driver is behind bars or awaiting the call of Justice in the intended destination…under, hopefully a better prepared, observation.

SAM’S TAKE:

In case you are confused....this was not the Springfield where “The Simpsons” takes place; it was in Massachusetts and, while clearly animated, it was not a cartoon.
Obviously, the story could have ended incredibly tragically and there is really nothing funny about mental illness. However, the story presents a few questions that you might find interesting.

The first, and probably most obvious, question is how this could have happened. The ambulance staff knew they were transporting someone who was acting “erratically”, apparently for observation. How the patient was able to force them to jump out of the ambulance and be able to take control of the ambulance is just a tad beyond me. I would have imagined it expected that someone who was being transported because he was erratic might act....erratically. But then, it is Monday morning and I have not had my coffee yet...!

The most interesting question of this story is, now that they have caught him, what are they going to do with him? Maybe I am jaded, but it seems to me that there are likely to be serious questions of criminal responsibility and competency to stand trial. In the meantime, if he needed to be observed and perhaps hospitalized, is it going to do anyone any good to keep him in jail awaiting trial or will they simply keep him at the hospital...where he was being transported in the first place?

I know that I try to answer questions, not simply ask them, in this blog. It is meant to be informative, albeit in an entertaining manner. But, sometimes, the lessons of the day are really questions that remain, due to the human condition, questions.

If you are insistent on a more traditional lesson, I will tell you that it is illegal to forcibly take control of an ambulance, drive off, and smash into other vehicles.

Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, P.C. A former prosecutor in New York, he has worked as a defense attorney in Boston over 18 years. He frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network

The full article of this story can be found at
http://www.masslive.com/news/index.ssf/2008/09/springfield_ambulance_joy_ride.html

September 4, 2008

North Of Boston, An Alleged Teenage Crimewave Faces Actual Jail

Yesterday’s Salem Daily News told the tale of Angelo Diiorio, age 18. The young man, had been ordered by the court to confine himself to his home while awaiting trial on charges of vehicular homicide and child rape. In fact, he was even ordered to wear an ankle bracelet. According to the police, however, this condition of release was a bit too difficult for Mr. Diiorio to follow as he was found behind a Danvers business attending a meeting (scheduled fight) with another youth this past Saturday night. The court remedied the youth’s impulsivity by making him a guest of the Commonwealth for 60 days.

According to law enforcement, the two teens were arrested at approximately 10 p.m. as they were in mid-conference (“swinging at each other”) regarding a desired acquisition (a girl). The meeting was forcibly adjourned with the resulting charges of disorderly conduct, trespassing, and possession of marijuana. For poor lovesick Diiorio, however, these charges were the least of his problems as the arrest resulted in the court’s revoking Diiorio's bail in his pending Salem rape case. Diiorio had been indicted last year on a charge of rape, which involved the alleged sexual assault on an 11-year-old girl during a Christmas Eve gathering in Danvers in 2006. Two weeks later, on January 5, 2007, Diiorio was allegedly at the wheel of a 2000 Mitsubishi Eclipse when he lost control on Route 1 in Revere and crashed, killing a 17-year-old girl in Peabody, for which he faces charges of vehicular homicide and negligent driving to endanger. Investigators say the crash was caused when Diiorio and another driver decided to race each other on the highway.

The respective prosecutors in these cases opined to the court that his latest arrest indicates Diiorio doesn't take court orders seriously.

The court granted the request of prosecutors, ordering Diiorio held without bail for 60 days for violating the terms of his release. His rival in romance, however, was released on personal recognizance.

Sam’s take:
There are a few lessons here, even for those of us without Diiorio’s problems with women and impulsivity. Obviously, the varied criminal accomplishments at a very young age speak for themselves…they are illegal and can land you in jail.

What may not be obvious, however, is the fact that the seriousness of the charges were not even necessary for the court to hold Diiorio without bail for 60 days. Under Massachusetts law, any new arrest of a criminal defendant with a case pending can result in that defendant’s being imprisoned for up to 60 days without bail. This is because inherent in any bail conditions (even if released without bail) is an understanding that there will be no cause for a new arrest during the pendency of the case.

Many feel this is unfair given the fact that it is so easy to get arrest these days, even if actually innocent. For example, I have handled many cases where I am convinced that the only thing my client did wrong was either being at the wrong place/wrong time or to anger someone sick enough to use the criminal justice system simply to get revenge or the upper hand in some dispute. The fact is that even though the new criminal charges may prove false, and later either dismissed or the basis for an acquittal, the defendant will still have been held in custody. So much for the presumption of innocence.

The purpose of bail is primarily to ensure that the accused will show up on all court dates. However, there is a “safe streets” concern which enters the equation, especially in the case of violent crime. Even without that concern, however, the reasoning underlying the prosecutor’s successful argument in this case is that if Diiorio does not respect the court’s rulings enough not to get arrested or break the home confinement, he is likely to disrespect the court enough to not bother even showing up.

Think of it as if being released on bail was like being on probation. In actuality, it is.

The bottom line is that if you have a criminal case pending, regardless of how weak or strong you think it is, be extremely careful what you do and where you do it. Most of all, follow any conditions that have been imposed by the court!

The full article of this story can be found at
http://www.salemnews.com/punews/local_story_246235120.html

September 3, 2008

Massachusetts State Police Recover Drug Stash After Car Chase And Violent Arrest

Last Thursday night, two gentlemen in Taunton learned that sometimes it is better to quietly accept a motor vehicle citation than to protest, flee and fight, thereby adding a few felony charges to the experience.

Enterprise News reports that just before 5 p.m. two state troopers spotted an early-model Infiniti G20 with a defective brake light and a sticker indicating that it had failed an inspection on Route 44. They activated their flashing lights and the driver, Brian Lacombe, 20, pulled into the parking lot of KFC restaurant on Route 44 and stopped. However, as the officers left their cruisers to approach on foot, Lacombe apparently had a change of heart and allegedly sped away heading east on Route 44.
And so the chase began.

During the chase, police said, they observed a plastic baggie — later retrieved and determined to contain a Class B drug — being tossed out of a window of the Infiniti into the road near Friendly’s Restaurant in Raynham.

The police chase continued and Lacombe, who reportedly drove through a red light at a busy intersection, made a hard U-turn across the highway island. He then pulled into the Chili’s parking lot, made another U-turn and headed west on Route 44 back into Taunton, racing through red lights in the process, police said. The chase almost ended at the intersection of Oak and Wales streets when Lacombe allegedly crashed into a 1999 Honda Civic driven by a pizza delivery driver, who police said was not injured. Not to be discouraged, Lacombe then made another U-turn. However, a block later, the damaged Infiniti pulled into the driveway of 79 Wales St. Police said Lacombe and his passenger, Julius Nettles, 23, jumped out and began to run away.
Nettles was reportedly quickly apprehended without incident, but Lacombe, ever the optimist, ran through several yards and jumped some fences in an attempt to evade capture. This part of the chase did not last as long, however, and he was apprehended at Oak Street and Hern Avenue, but not before engaging in “a brief but violent struggle” with officers, according to state police spokesman Trooper Thomas Murphy.

Lacombe was treated at the scene for minor injuries before being transported to state police barracks to be booked.

Lacombe was charged with possession with intent to distribute a Class B drug, possession of a Class D drug, failing to stop for police, reckless operation of a motor vehicle, driving with a suspended license, marked lanes violation, driving with a defective brake light, failing to obey both a stop sign and red light, speeding, failing to signal, leaving the scene of an accident with property damage resulting and resisting arrest.

His passenger, Nettles, faces charges of possession with intent to distribute a Class B drug and possession of a Class D drug.

Sam’s take:

Clearly, it is a bad idea to drive when one does not have a valid license. It is also a good idea to make sure the equipment on your motor vehicle is working. Having made these errors in judgment, however, it is usually best not to increase the severity of the situation one thousandfold as did Mr. Lacombe. Most likely, had he simply cooperated with the car stop, he would have received a summons for the defective equipment and driving with a suspended license. His passenger would then have been given the responsibility of driving the vehicle (assuming he had a valid license). One would imagine that this would have been bad enough and Lacombe would get an attorney and defend against the relatively minor charges.

It is seldom a good idea to lead the police in a chase. First of all, they tend to win. Second, property damage, physical injury and even death (potentially yours) can easily result. Further, a foot chase is generally even less successful than the car chase. Finally, any type of violent confrontation with the police, even if merely questioning their authority during a stop, is a contest usually won by law enforcement both at the scene….and later….in the courthouse. For example, notice who needed to get treated for injuries before being transported.

According to this report, Lacombe apparently did not want the police to discover the drugs he had in the car. However, had he simply accepted the citation for the defective equipment and suspended license, there would have been no basis for a car search, especially since his passenger would have been able to drive the car home. By the way, throwing the drugs out the window is not generally an effective means of sidestepping prosecution. There are a number of legal theories which can serve to link one with contraband which is not physically on one’s person.
The only manner of non-cooperation that is usually wise in a police confrontation is not making statements, other than identification information, and, most importantly, getting a lawyer as soon as possible!

The full article of this story can be found at
http://www.enterprisenews.com/news/x1886920440/Car-chase-leads-to-drug-arrests-in-Taunton

September 2, 2008

Massachusetts Drunk Driver Charged With North Shore Pedicab Accident And Leaving The Scene

The pre-Labor Day Weekend push of commercials warning against operating under the influence did not prevent the collision between an automobile and a pedicab just before the weekend, according to a story published by the Salem News.

According to the article, a 20 year old female struck the pedicab just after midnight on Washington Street in downtown Salem. According to the police, she stopped “for a brief moment” and then drove around the tipped-over pedicab and then left the scene. The pedicab’s driver, Anthony Taurasi III, reportedly chased the motor vehicle up the road before collapsing on the ground. Mr. Taurasi and one of his passengers were then brought to the hospital. During his brief chase, however, he was able to view a partial license plate.

Given the license plate number, police said they found Rose Barry of Beverly driving on Highland Avenue with her hazard lights on. However, when the police turned on their blue lights and sirens, she refused to stop "made an abrupt right turn into the rear of 84 Highland Ave. and then attempted to go between a space in the guardrail."
Ms. Barry was immediately arrested and charged with leaving the scene of an accident with personal injury. More charges followed as police took her back to the police station, where she reportedly blew alcohol levels of 0.12 and 0.13. State law says drivers of legal drinking age, 21, are drunk at levels of 0.08 or above. She was also charged with leaving the scene of an accident with property damage, failure to stop for police, failure to yield and operating under the influence of alcohol.
Taurasi said he spent the night in the emergency room. He said one of his passengers, a 15-year-old girl, had bruised ribs. The other passenger, a 22-year-old Peabody man, refused medical treatment.

Barry's passenger, whose 20th birthday was Thursday, got a ride home through her father.

Barry remained a guest of the Commonwealth.

Sam’s take:
Other than the first major mistake of the evening Ms. Barry made (namely driving drunk), she successfully made matters worse for herself at each decision after the accident. Leaving the scene after an accident (which causes either property damage, personal injury or both) is a crime in itself. Further, while the law provides for what some consider rather gentle treatment for a first time offender of OUI, leaving the scene and taking the police on a merry chase is likely to eliminate the possibility of “getting a break”. Further, knowing that she had been drinking, she voluntarily took the breathalyzer test, which she had the right not to do. True, the refusal to take the test in Massachusetts means a temporary loss of license, but helping the Commonwealth prove she was under the influence does not improve her chances of keeping her license…in fact, she will lose her license for a longer time.

It is not clear whether Ms. Barry made any statements to the police, but it would appear consistent if she had. In other words, that would have been another big mistake. Many people think that they can somehow “talk themselves” out of a bad situation such as this. In these types of cases, the most common statement is that the driver “only had two drinks”. Such a statement is hardly helpful as (1) it is seldom believed and (2) it really does not matter. If the police believe they have probable cause to arrest you for driving under the influence, they will arrest you for operating under the influence. Generally, this decision is made without the driver helping them with a confession. They usually appreciate the help, though, and award the driver with a free trip and overnight stay behind bars.

Circumstances such as these also bring other legal problems beyond the actual criminal prosecution. For example, there is likely to be one or more personal injury lawsuits against the driver (and the owner of the vehicle if it is not her) by the various passengers.

At Altman & Altman LLP, now located on the North Shore, Cambridge and Boston, Massachusetts, our successful criminal and civil defense lawyers have more than 50 years combined experience, including previous experience as prosecutors, and take the time necessary to gather all the facts of your case and advise your of your rights and your defense options. If you find yourself being accused of operating under the influence, or any related crime, act today to see if we can help you. There is no charge for the initial consultation.


The full article of this story can be found at
http://www.salemnews.com/punews/local_story_242235151.html

Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, P.C. A former prosecutor in New York, he has worked as a defense attorney in Boston over 18 years. He frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network


May 7, 2008

Elderly Massachusetts Woman Pleads Guilty to Deadly Hospital Drive-Thru Crash And Gets 18 Months Probation

77-Year-Old Jane Berghold, the woman who accidentally drove her car into Brockton Hospital last October, has been sentenced to 18 months probation and the revocation of her driver’s license for 15 years. Yesterday, the Rockland senior pled guilty in a Massachusetts court to two counts of homicide by negligent operation of a motor vehicle and one count of negligent operation of a motor vehicle.

Two people died and two others were seriously injured in the fatal drive-thru that occurred when the breast cancer patient's car flew through the front windows of the hospital’s radiation therapy unit. The victims' family members said that given her age and medical condition, they believed Berghold's punishment was appropriate.

Berghold initially told police that she tried to stop the car by stepping on the brakes but it kept moving. She later admitted to the possibility that she may have accidentally stepped on the gas pedal instead. A police probe found that the car sped up to 25 mph before crashing into the hospital.

The deadly accident involving Berghold, is one of a few serious accidents involving elderly drivers that is raising renewed interest in establishing driving laws directed at senior drivers in Massachusetts. In another recent incident in February, an 8-year-old girl was suffered internal injuries, a fractured skull, and a broken leg when an 86-year-old man accidentally struck her with his SUV in front of her Randolph elementary school.

One bill under consideration would mandate that drivers older than 85 take road and vision tests every five years.

In Massachusetts—unlike many other US states—there are no laws that specifically address elderly drivers.

Woman gets probation in fatal hospital crash, Boston.com, May 7, 2008

Patrick calls for tests of elderly drivers, PatriotLedger.com, February 8, 2008


Related Web Resources:

Danger: elderly driver ahead, Boston.com, February 14, 2008

Elderly drivers pose policy-making challenge, Stateline.org, April 29, 2004

Continue reading "Elderly Massachusetts Woman Pleads Guilty to Deadly Hospital Drive-Thru Crash And Gets 18 Months Probation" »

December 27, 2007

Massachusetts State Police Ordered to Issue $1.2 Million More in Speeding Tickets Next Year

The Massachusetts Turnpike Authority reportedly set a $2.3 million Dig speeding ticket goal for next year—that’s $1.7 million more than 2007. Motorists in the Boston area are expected to be hardest hit by this new target mark, which came about after the Big Dig Tunnel’s collapse, which deplete trooper resources as police officers were forced away from the task of catching speeding motorists while they monitored reconstruction efforts.

To fulfill this goal, radar enforcement will be emphasized.

Across Massachusetts, The turnpike anticipates $5.8 million in speeding ticket revenue for 2008. Revenue for speeding tickets in Massachusetts this year was at $4.6 million.

If you are issued a speeding ticket anywhere in Massachusetts, you should speak with an experienced Massachusetts traffic violations attorney about your case.

Not only will you be ordered to pay a speeding fine, but a speeding ticket can increase your insurance premium. A traffic violations lawyer can help you fight the offense—especially if this is your second or third violation.

The General Laws of Massachusetts:

Chapter 90: Section 17. Speed limits

No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.

In Massachusetts, the state and auto insurance companies work together to set insurance rates. A traffic ticket immediately results in insurance surcharges. In order to eliminate these surcharges, you cannot get another ticket for at least three years.

Massachusetts State Police Goal: $1.2 Million More Speeding Tickets, The Newspaper.com, December 19, 2007

Troopers target speeders to replenish Pike coffers, BostonHerald.com, December 18, 2007

Chapter 90: Section 17. Speed limits, General Laws of Massachusetts


Related Web Resources:

It pays to avoid a speeding ticket -- or fight one, MSN.com

Massachusetts Registry of Motor Vehicles

Continue reading "Massachusetts State Police Ordered to Issue $1.2 Million More in Speeding Tickets Next Year" »

October 19, 2007

76-Year-Old Massachusetts Driver Charged With Vehicular Homicide in Brockton Hospital Crash

Jane Berghold, the 76-year-old breast cancer patient who crashed her car into a Brockton Hospital earlier this week, has been charged with motor vehicle homicide. Dr. Mark Vasa, the head of radiation therapy, and Susan Plante, a hospital worker, died in the crash. Two other people were injured.

The Plymouth DA’s Office is charging Berghold, a Rockland, Massachusetts resident, with two counts of motor vehicle homicide by negligent operation and one count of operating to endanger. Her license has also been revoked indefinitely.

Berghold says that she tried to stop the car by stepping on the brakes. Brockton police and Massachusetts police are both investigating the accident to determine if the brakes or anything else on the 1991 Oldsmobile was experiencing mechanical problems or was defective. They are also looking into whether Berghold was driving under the influence of alcohol or drugs when the accident occurred.

In Massachusetts, there are three types of motor vehicle homicide offenses that a person can be convicted for. Felony motor vehicle homicide occurs when a driver under the influence of alcohol or drugs is operating to endanger and another person is killed in a motor vehicle crash because of this.

Misdemeanor motor vehicle homicide occurs when a driver is drunk driving and another person dies as a result or when a person driving carelessly or negligently (operating to endanger) causes a fatal motor vehicle crash.

A criminal defendant convicted of misdemeanor motor vehicle homicide can face up to two and a half years in prison and/or be ordered to pay a fine as high as $3,000. A driver convicted of felony motor vehicle homicide can be ordered to spend up to fifteen years in prison and pay a fine as high as $5,000.

Vehicular homicide is a serious offense. Even if you did not mean to cause the fatal accident and would never voluntarily commit any kind of crime, you could be convicted and sent to prison because other people died in a motor vehicle crash that is considered you fault.

Driver in hospital crash charged in deaths, Boston.com, October 19, 2007


Related Web Resource:

A Brief Overview of Massachusetts Homicide Law, Norfolk District Attorney's Office

Elderly Woman Drives Car Into Hospital, Killing Doctor, Secretary, Foxnews.com, October 16, 2007

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October 18, 2007

Massachusetts Senator Richard Moore Pushes for Law to Punish Sleeping Drivers Involved in Car Accidents

Massachusetts Senator Richard Moore has resumed efforts to hold drivers that fall asleep at the wheel accountable for their actions. He recently re-submitted a bill that would make sleeping while driving a more serious criminal offense.

Senator More first submitted “Rob’s Law” three years ago. The legislation followed the death of US Army Major Robert Raneri, who died in a 2002 motor vehicle crash when a teen driver who hadn’t slept for 24 hours crashed into Raneri’s vehicle. The driver got his license suspended for 10 years and served 5 years probation for Raneri’s death.

The National Sleep Foundation conducted a national poll in 2005. The poll found that 37% of adult drivers have fallen asleep while driving. 11 million people say they were nearly involved or were involved in a car crash because they lacked sleep.

Senator Moore wants a driver to potentially be charged with vehicular homicide if he or she causes a car accident while having been asleep at the wheel. A person convicted of vehicular homicide in Massachusetts could pay fines as high as $5,000 and as much as 15 years in prison. Sleeping drivers who injure other drivers on the road would also be held accountable with stiffer criminal sentences.

Rob’s Law stipulates that a sleep disorder expert be a member on the Registry of Motor Vehicles’ medical advisory board. Police would be able to bring sleep drivers into protective custody. Police would also be trained in monitoring drowsy drivers on the road.

Critics of the bill are not confident in the police’s ability to accurately figure out whether or not exhaustion or sleep was the reason a driver caused a car collision.


Drowsy driving is most likely to occur when:

• The driver is in the car alone.
• The driver is driving late at night.
• The driver is sleep deprived or exhausted.
• The driver is driving on a road where there aren’t many other cars.


Signs you might be sleepy while you are driving:

• You are having problems focusing on the road
• You keep yawning
• Your head keeps bobbing down
• You feel sleepy
• Your car keeps driving into the next lane
• You can’t remember where you’ve been for the past few minutes

Bill would punish sleepy drivers, The Milford Daily News, October 14, 2007

Driving on the Edge -- A Mobile Society on Too Little Sleep, Prescription for Sleep


Related Web Resources:

Massachusetts Senator Moore address at Sleep and Health Benefit Dinner, Sleep Medicine: Division of Harvard Medical School

National Sleep Foundation

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September 24, 2007

Britney Spears Charged with Misdemeanor Hit and Run Driving and Driving Without a Valid License

Pop Superstar Britney Spears has been charged with one misdemeanor count of hit and run driving and one misdemeanor count of driving without a valid California driver’s license. The incident allegedly took place last August at a San Fernando Valley parking lot where she is accused of smashing her vehicle into a car and then leaving the accident scene.

On video footage shot by the paparazzi, Spears is seen hitting another motor vehicle with her car while trying to park her car in a space at the lot. The footage shows her examining the damage to her vehicle and then leaving the accident scene.

The owner of the other vehicle, Kim Robard-Rifkin, filed a report with the LAPD on August 9, three days after the hit and run accident. She says she discovered that Britney was the alleged suspect that hit her car when she read about the incident on CelebTV.com. She says she just wants her car repaired.

Each misdemeanor count carries a jail sentence of up to six months and a $1,000 maximum fine in California. Spears’s arraignment is scheduled for October 10.

Whenever you are in a motor vehicle accident, you are expected—by law—to remain at the accident scene and exchange contact information with any other parties that are involved. If a driver hits a parked motor vehicle, the majority of U.S. states require that the driver responsible for causing the accident make a reasonable attempt to notify the other driver of the accident.

In Massachusetts, a driver has five days to report the motor vehicle accident if the collision resulted in injury or death or there was property damage greater than $1,000.

Here is the Massachusetts law regarding hit and run driving from the General Laws of Massachusetts:

Chapter 90: Section 26. Accident reports; supplemental report; penalty for violation

Section 26. Every person operating a motor vehicle which is involved in an accident in which any person is killed or injured or in which there is damage in excess of one thousand dollars to any one vehicle or other property shall, within five days after such accident, report in writing to the registrar on a form approved by him and send a copy thereof to the police department having jurisdiction on the way where such accident occurred; provided, however, that such police department shall accept a report filed by an owner or operator whose vehicle has been damaged in an accident in which another person has unlawfully left the scene of such accident. Such report shall not be required during the period of incapacity of any person who is physically incapable of making a report. If the operator is not the owner of the vehicle and is physically incapable of making such written report, the owner shall within five days after the accident make such report based on such knowledge as he may have and such information as he can obtain regarding the accident.

The registrar may require any such operator or owner to file a supplementary written report whenever in the opinion of the registrar the original report is insufficient.

The registrar may revoke or suspend the license of any person violating any provision of this section.

If you have been charged with hit and run driving in Massachusetts or of driving without a valid license, you should hire an experienced criminal defense attorney who is knowledgeable about traffic violations cases to represent you.

You have the right to remain silent until you speak with a criminal defense lawyer. It is a good idea to exercise this right if you don’t want to accidentally incriminate yourself.

Britney Spears faces hit-run charge, CNN, September 22, 2007

Spears Charged with Brit and Run, TMZ, September 21, 2007

Chapter 90: Section 26. Accident reports; supplemental report; penalty for violation, The General Laws of Massachusetts

Related Web Resources:

Read the Charges Against Britney Spears (PDF)

Hit and Run Cases, Online Lawyer Source

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August 9, 2007

Homeless Man In Massachusetts Says He is Not Guilty of 6-Year-Old Cousin’s Murder

A 20-year-old homeless man says he is not guilty of the first degree murder of his 6-year-old cousin. The little girl, Joanna Mullin, was found naked and dead and wrapped in a blanket in the SUV that the man, Ryan Bois, was riding in when police apprehended him after a high-speed chase. Her body was wedged in the Ford Explorer’s backseat floor where police discovered it after Bois crashed his motor vehicle into a taxi. He then left the accident scene on foot and threatened police with a knife.

Bois pleaded not guilty to assault and battery with a dangerous weapon against a law enforcement officer, murder, possession of heroin during arrest, and multiple motor vehicle violations.

He was arraigned on Monday at Quincy District Court and was ordered to remain in custody without bail. A psychiatric evaluation of Bois will take place at Bridgewater State Hospital.

When a person is tried for a crime in Massachusetts, a jury can only issue a not guilty or a guilty verdict. A not guilty verdict doesn’t necessarily mean the person is innocent; it means that the state of Massachusetts did not persuade the jury that the defendant was guilty of the crime beyond a reasonable doubt.

In a first degree murder case, the prosecution has to prove that the defendant purposely and maliciously and illegally killed the victim. If the attorney for the defense can prove that the defendant did not maliciously kill the victim (even if the defendant killed the victim accidentally or as an act of self-defense), then the defendant is not guilty of first degree murder the way the state has defined it.

Other reasons that a jury might not find a person guilty of committing a crime:

• The defense can prove that the defendant did not commit the crime.
• The victim cannot properly identify the attacker.
• Tests proving guilt are deemed inadmissible during trial.
• The defense has a convincing alibi.
• The defendant is found not guilty by reason of insanity.

Man Charged with Murder in Death of Young Cousin, Boston.com, August 6, 2007

Not Guilty Does Not Mean Innocent,Massachusetts Bar Association


Related Web Resources:

Violent Crimes Overview, Justia

Homicide Trends in the United States, U.S. Department of Justice

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August 3, 2007

Massachusetts Man Arrested in Drug Bust Worked as Heavy Equipment Operator in Boston Without Driver’s License for Years

A South Boston man who was arrested last month for buying OxyContin apparently worked for the city driving tow trucks for close to three years even though he didn't have a driver’s license.

William E. Morin Jr's driver's license had been suspended from March 2000 until November 2003. He was hired by Boston’s Transportation Department to drive tow trucks in April 2000 even though his driving record showed that his license was suspended for not paying fines for a seatbelt violation in Dedham and a speeding ticket in Westborough. His license was reinstated in November 2003.

There are unpaid fines for the suspension but Morin says he did not know that his license was suspended.

Last March, the city of Boston promised to review the driving records of all its heavy equipment operators after the Boston Glob reported that the city regularly let workers drive heavy motor vehicles even if they had violations on their driving records. Violations ranged from reckless endangerment to drunk driving violations to running red lights to causing accidents to disobeying police to license suspensions. The Boston Globe say the 178 heavy equipment operators they investigated collectively had some 834 citations on their personal driving records.

Morin’s license has been suspended three other times. The first time was in 1989 when he failed to show up in court after getting a speeding ticket in Quincy. The second suspension was in 1990 when he did not appear in court after getting a traffic ticket in Weymouth. His license was suspended from March 1991 to October 1993 for not showing up in court after getting a speeding ticket in Middleborough. He almost got his license suspended again in December 2003 and December 2005. He paid the fines, however, and showed up when required, so license was not suspended both times.

Even if you are a second- or third-time offender of traffic violations, it is essential to protect your driving record. An experienced traffic violations attorney can defend you against charges for:

• Unpaid tickets
• Driving without insurance
• Speeding tickets
• Driving without a license
• Driving with a suspended license
• Driving with a license that is expired
• Reckless driving
• Hit and run
• Leaving the accident scene
• Arrest warrants for traffic violations

Morin was arrested on July 20 while leaving the house of a suspected drug dealer in South Boston. Police say he was carrying 14 OxyContin pills in his pocket. Police let him participate in what they say was another drug transaction before apprehending him. Morin was wearing his uniform and driving a city motor vehicle when he was charged with drug possession with intent to distribute OxyContin within 1000 feet of a school zone.

Possession and distribution of drugs is illegal and the punishments for a drug conviction in Massachusetts are severe. Drug charges in Massachusetts can be prosecuted at the federal or state levels. The amount of drugs involved, whether there was the intention to distribute or sell the drug, and whether any weapons were involved are just some of the factors that must be taken into consideration when determining drug charges.

A good criminal defense lawyer can defend you against drug charges.

City hired driver without license, Boston.com, July 31, 2007

Related Web Resources:

Mass. Law About Traffic Violations

Drug Policy Forum of Massachusetts

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