Boston Criminal Lawyer Blog

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

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

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

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

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

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

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

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

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

Today’s tale hails from Framingham.

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

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

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

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

He finally stopped. Good move.

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

Yesterday, we began our examination of the arrest and sentencing of a Geraldo S., 32 of Marblehead (hereinafter, “Defendant 1”). He recently pled guilty in a Massachusetts superior court and received a ten year sentence. We were looking at the story from a search and seizure angle.

We left off when it came time to explain the search of Defendant1’s vehicle.

As you may recall, Defendant1’s arrest took place back in 2004. To show you things have not changed very much, let’s turn the clock forward to this very weekend. On Saturday, Henry T., 21, (hereinafter, “Defendant2”) of Randolph was blessed with similar police attention.

Braintree police say that Defendant2 had been driving without his headlights on early Saturday morning. They checked their computer to get information on the vehicle and found that Defendant2’s license had been suspended.
That’s a crime in the Commonwealth.

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

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

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

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

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

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

Bethany P., 21, of Londonderry, N.H. (hereinafter, the “Victim”) will not be returning to her Boston College senior class this week. You see, she met up with a Weston lad’s SUV this weekend. The lad was allegedly Benjamin K., an 18 year old gentleman (hereinafter, the “Defendant”) who the Commonwealth claims was driving drunk. The Defendant pleaded not guilty today, alongside his attorney. Nonetheless, he was ordered held on $50,000 bail.

The Victim was struck as she crossed St. Thomas More Road at around 12:55am Sunday morning. The Defendant was driving his parents’ Toyota Land Cruiser. She is said to have sustained “serious” injuries, but was listed in good condition Monday morning at Beth Israel Deaconess Medical Center, according to state police and a hospital spokesman.

While the Victim was alone at the time of the accident, the accident scene is full of student dormitories and an administrative building.

According to the Commonwealth, the Defendant left the Victim unconscious and bleeding in the road and left the scene of the accident. He was thereafter apprehended by BC police after a bulletin was sent out about the SUV. He was arrested as he tried to exit the college’s grounds.

Continue reading "MA TEEN CHARGED WITH VEHICULAR ASSAULT ON BOSTON COLLEGE STUDENT HELD ON BAIL" »

Boston, along with the rest of the country, has been watching the events unfold in the Tiger Woods automobile accident matter. While the participants took turns not talking (law enforcement would not talk to the press and Tiger would not talk to anyone), I have been reminded of one of the most important lessons I learned many years ago as a young assistant district attorney.

The lesson?

When to keep your mouth shut.

For those of you not acquainted with the latest Tiger Woods adventure, let me recap with what we now know.

It was early Friday morning at 2:25 a.m. just outside Woods's driveway in one of Orlando's most exclusive suburbs. Woods was the driver as the vehicle had a collision . Woods was described as being briefly unconscious with blood on his lips and mouth. Neighbors called 911 and then rendered outside to render aid while awaiting an ambulance and police.

Continue reading "The Lesson Of The Tiger Woods Criminal Investigation– When Not To Talk To The Police" »

Bruce Springsteen wrote a song claiming that “Summer is here and the time is right for racing in the street”. Well, it is not summer and the time certainly isn’t right for street speeding. The lesson, however, is a little late in the learning for 17-year-old Michelle M. of Methuen (hereinafter, the “Defendant”). Accused of drag racing in Lowell by witnesses, the young lady will be facing charges alongside a criminal defense attorney.

According to the police, the Defendant will be charged with leaving the scene of an accident causing personal injury. The injured party was a 12-year-old boy who was struck by a car during what witnesses claim to be a drag race and thrown about 20 feet. Allegedly, because leaving the scene of an accident is a misdemeanor, the Defendant is going to be summoned to court at a later date and was not arrested. She has, however, lost her license.

According to witnesses, the racers had run a red light before one of the cars struck the boy. The boy is listed in fair condition with internal and head injuries at a Boston hospital.

According to the police, the Defendant, having left the lad for dead, fled the scene and went to a Lawrence hair salon, got her hair done and then reported to the police that her car had been vandalized.

Continue reading "Massachusetts Student Faces Both Misdemeanor And Felony Charges Stemming From Hit And Run Case" »

It's holiday time again!. This weekend is Halloween, as I am reminded every day when I try to drive through downtown Salem. As is usually the case, around Boston and environs, law enforcement is particularly aware about drunk drivers. One very recent case, however, did not really take all that much detection. By the time it was over, there were two Pittsfield women needing criminal defense attorneys come yesterday.

Victoria D., 22, and Felicia M., 21 (hereinafter collectively, the “Defendants”) were in a car Saturday. The car ended up crashing into a house on Route 9 in Schodack at about 5:00 a.m. According to the police, the accident caused “substantial damage”.

The Defendants were then transported to Albany Medical Center Hospital.

As the police came to investigate, they say they discovered that both women had been drinking alcohol. The Defendants also gave conflicting accounts as to which one was driving at the time the car careened into the house.

Continue reading "Drunk Driving Accident Leaves Two Suspects Needing Lawyers" »

The issue of Search and Seizure is in the news again today. While the case itself is not based in Boston, it is of interest to lawyers, police officials and drivers anywhere. Why? Because it involves the United States Supreme Court, which seems split on the subject.

The case actually hails from Virginia and the conviction of Joseph A.M.H.,Jr (hereinafter, the “Defendant”) for drunk driving. It seems that the Defendant was pulled over by the police before they saw him break any traffic laws. That conviction has been overturned on appeal by Virginia’s Supreme Court.

And that is the issue. Did the police have the right to pull over the Defendant before they saw him commit any crimes?

Continue reading "Drunk Driving Case Ignites Legal Fight On Search And Seizure" »

There are still many people out there in Boston and environs who think that it is possible to be “arrest proof”. “After all”, they reason, if I do not commit a crime, I have nothing to worry about, right?” Let an experienced attorney tell you…wrong.

Let’s look at the possibility of drug charges for example.

You are going out for a crime-free evening of seeing a movie with a friend. Sounds safe enough, right?

Your friend comes by and picks you up and, as you drive to the movie, you see blue lights flashing behind you and there is the disturbing sound of a screaming siren.

Surely they cannot mean you.

They do.

Continue reading "Drug Charges In Boston – Can You Be At Risk?" »

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

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

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

Continue reading "Suspect Driving With Suspended License Arrested After Leaving The Scene Of An Accident" »

This seemed like a fitting blog to post after the three-part series on drug possession. A young gentleman from Braintree is alleged to have kept a virtual treasure-trove of marijuana and evidence of intent to distribute in his car. Detectives found the car. Now, one would imagine, he has found a criminal defense attorney.

The arrest of Braintree’s 19 year-old Paul M. (hereinafter, the “Defendant”) actually took place on Wednesday. It was the result of a two-month investigation into what law enforcement believed to be drug trafficking.

Braintree Deputy Police Chief Russell Jenkins said detectives found an undisclosed amount of marijuana inside the vehicle, as well as scales, plastic bags, drug paraphernalia, other evidence of drug sales and $1,750 in cash. The Defendant was charged with possession of marijuana with intent to distribute and was arraigned in Quincy District Court.

Continue reading "Boston-Area Teen Arrested For Drug Distribution " »

The 88-year-old Canton woman who accidentally ran down a young girl at a Stoughton crosswalk on Route 138 on June 13 has been ordered to serve six years of probation and pay a $200 fine for the 4-year-old’ s death. Isle Horn had pleaded guilty to the charge of Massachusetts motor vehicle homicide.

The Stoughton pedestrian accident happened as 4-year-old Diya Patel, her grandfather, sister, and brother were crossing the street. Horn is accused of hitting the girl with her vehicle. Diya’s body was thrown 62-feet into the air.

Prosecutors contend that the elderly driver didn’t try to slow down or step on the brakes and that Diya was visible about 375 feet before Horn struck her with her vehicle. They had asked that Horn serve a minimum probation of 15 years. Horn is barred from ever driving again. She lives in a Canton nursing home.

Horn was also behind the wheel on September 14, 1992 when she and her husband were involved in a fatal car crash. She reportedly fell asleep while driving and her 73-year-old husband, Charles, died from fatal chest injuries.

Massachusetts Motor Vehicle Homicide
The charge of motor vehicle homicide is a serious criminal offense in Massachusetts. The felony charge usually involves negligent or reckless operation while under the influence of alcohol or drugs resulting in another person’s death. To charge someone with misdemeanor motor vehicle homicide, prosecutors need to prove that either alcohol or drugs were involved or the motorist was operating recklessly or negligently.

A conviction for either charge usually results in jail time.

If you have been charged with Boston motor vehicle homicide, there may be reasons why the charges should be dropped or reduced. An experienced Boston criminal defense lawyer may also be able to help you reach a plea agreement resulting in a less harsh sentence.

End of road for driver, 88, Boston Herald, August 7, 2009

Elderly Mass. driver pleads guilty in girl's death, Newsday, August 6, 2009

Related Web Resources:
Read the court statement from the case

Motor Vehicle Homicide, Massachusetts General Laws

Continue reading "88-Year-Old Driver Sentenced to Probation for Massachusetts Motor Vehicle Homicide of 4-Year-Old" »

As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a "racial incident" misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”

Continue reading "Attorney Sam’s Take: Arrested In Boston For Disorderly Conduct (Part Two)" »

Ahhh…summer! Time for hitting the beaches, cookouts and, as I have said before, Jimmy Buffett tunes. Today, I am reminded of another of Buffett’s songs, namely “Boat Drinks”. Maybe it is because I am dropping off my son at a boat this morning, but more likely it is because I am reminded about a crime that few people are arrested for although we know it happens a great deal. It is one area in Boston-area criminal defense one does not find many specialists.

The crime is boating while intoxicated.

For many, alcohol is as much a part of boating culture as sunscreen and fun. But in Massachusetts, where more than 140,000 recreational boaters cruise the waterways, intoxicated skippers are rarely arrested. For example, last year, boating under the influence charges were brought against just six people.

This is apparently not the same nationwide. For example, last year, Indiana had 121 such arrests. Missouri boasts 17 such arrests at on-the-water sobriety checkpoints in just one weekend.

Continue reading "Arrests For Drunk Driving On The Water Dwindle – Why Would That Be?" »

To me, summer is best symbolized by the recording artist, Jimmy Buffett. In fact, one of my favorite songs of his is “Weather Is Here, Wish You Were Beautiful”. Summer is a season that is short-lived here in the Boston area. If one counted how many really nice days we usually get,…well, it is kind of depressing. We all know that the weather can effect moods. However, did you know that it can also control the need for criminal defense attorneys?

Southwick Police Officer Tom Krutka says he sees an increase during this time of year of a particular crime. He says that outdoor barbecues and holiday parties often involve alcohol. After the parties, folks hit the road…which often means operating under the influence of alcohol. He even sees a difference depending on the weather. Nicer weather…more drunk drivers.

Officer Krutka warns that “buzzed driving” is enough to get someone in trouble. Even one or two drinks, depending on the person, can get you arrested. “That’s just the beginning”, he continues. “If it turns out to be an accident, you effect the person you hit, the family the community, your family your life, financial burden it goes a long way."

Well, he is right, of course. Drunk driving, and any resulting arrests, can ruin the lives of a lot of people.

Continue reading "Arrested For Homicide Or Drunk Driving? You Should Have Checked The Weather" »

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

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

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

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

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

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

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

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"" »

It has been awhile since the daily Boston Criminal Lawyer Blog has received news from the “Hey, I’ll Bet I Can Make This Situation Worse” Club. Months ago, their members appeared quite frequently in my postings. Not to worry, though. They are back and one unfortunate member needs a criminal lawyer.

The story may strike you as familiar.

This incident took place yesterday, May 12th. The previous incident to which I refer was the subject of this blog on March 12th.

Yesterday’s scene, according to the Boston Herald, took place at the Natick Collection mall. A couple were out together, enjoying enjoying an afternoon of nice weather and theft. Lt. Brian Grassey says that, at approximately 4:00pm, two plainclothes detectives from Natick police were at the mall “and made observations of what appeared to be a store larceny unfolding right in front of them.”

In other words, shoplifting.

The suspects were a man and a woman. Mall security chased the couple from a Sunglass Hut. When the woman was detained, the gentleman decided the date was over and took off. She has been charged with shoplifting in excess of $100 and conspiracy.

While the gentleman's evening activities with his lady-friend may have been over…the officers felt that they were deserving of some quality time with him too. They followed the man outside and detectives saw him get into his car to leave the area.

Continue reading "Massachusetts Larceny Suspect Tries To Escape Police And Now Faces Felony Charges And More Jail Time" »

‘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" »