Disclaimer - Altman & Altman LLP does not claim to represent any individuals mentioned here. The content provided is to inform readers and is not intended as legal advice.


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.

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.

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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.

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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”).

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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?

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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.

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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.

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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.

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November 26, 2008

North And South Of Boston, Sex Trade Stings Are In Full Swing

As we near Thanksgiving, we look around for reasons to be thankful. True, economic times are tough and getting tougher. However, it would appear that all the violent crimes and drug dealing in Lynn, Massachusetts, has been stopped. No more guns rape, robbery or murder. It would appear that even the drunk driving problem is under control.

Now, the police have the time and resources to concentrate on other vicious crimes plaguing our society.

Prostitution, for example.

This past Saturday, a well timed police prostitution sting was said to be different than others done in the recent past. According to the Lynn Item, it was conducted in “broad daylight”.

No pun intended, I’m sure.

“For the city of Lynn, unfortunately, it’s a 24/7 problem,” said Sgt. Rick Carrow of the world’s oldest profession. He is the head of the department’s Special Investigation Unit that conducted the operation between 1 and 4 p.m. Saturday, netting nine arrests of would-be customers.

“There’s a market out there and we’re going to do what we have to do,” he said. And so they did.

Twenty-four-year-old Officer Kelly Aylward was the undercover decoy during the operation conducted in the downtown area, according to Carrow. The targets of this brilliantly conceived plan was to have an attractive female see if she could get men to want to have sex with her and be willing to pay for it.

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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.

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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.

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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.

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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.

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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.

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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".

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