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

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.

Nature took its course. Prinz went to stop him and the Defendant failed to pullover, police say. The officer then did a license-plate check during the chase. You guessed it…the Defendant’s license was suspended.

The chase extended for about 10 miles – at various speeds, police said – during which a passenger in the Defendant’s car decided it was actually safer to jump out of the moving vehicle. The passenger wasn’t named and police said he won’t be charged.

Finally, after not having out-driven the police, the Defendant figured he would have more success on foot. So, he left his car and started running
The police followed.

Day shift patrol officers and detail officers chased the Defendant through several Beverly Farms backyards and streets before he was arrested on Hale Street at Chanticleer Drive.

Once apprehended, the Defendant was returned to court with the new charges, the original assault charges as well as other pending charges of assault and battery with a dangerous weapon, intimidating a witness and larceny over $250.

In addition to the warrants, the Defendant is now awarded with 13 new motor vehicle charges in connection with the chase. These Charges include: speeding, resisting arrest, failure to stop for a police officer, disorderly conduct, reckless operation of a motor vehicle, operating a motor vehicle with a suspended license, four counts of a stop sign violation, marked lanes violation, equipment violation and a number plate violation.

Oh, yes…and, according to the prosecutor, the Defendant’s mother came to court to inform the court that her son had been violating the judge’s restraining order that he stay away from her after she brought the assault charges for his allegedly hitting, grabbing and kicking her in January.

The Defendant will remain a guest of the Commonwealth at least through April 23rd , when a hearing will be held on his probation status.

Oh, did I fail to mention he had been on Massachusetts probation at the time of the above?

Attorney Sam’s Take:

Some people seem determined to spend as much time as possible in custody.

It is obvious that the Defendant’s chase scene has worsened his legal problems. First of all, it naturally brought more charges and new violations to his probation. For some of the charges, however, it can also be used as “consciousness of guilt” evidence which the Commonwealth may present at trial to show that he ran because he knew of his guilt.

Not showing up at court when facing criminal charges is not a great way to defend yourself and stay out of jail. Sooner or later, the authorities will find you. They will then arrest you on the warrant and you will likely be held on higher bail. In case you are wondering, though, the Commonwealth will not be allowed to submit evidence of the warrant at the trial to show “consciousness of guilt”.

Perhaps it has been awhile since I reminded you…when the police try to pull you over…they will, eventually, pull you over. It is unwise to try to outrun, outfight or even outsmart them. You will not win. You will only build up the list of new charges you will be facing.

This Defendant does not appear to be the sort who is likely to garner much sympathy from a judge or jury. The fact that his assault victim is his mother does not help. If you added the various charges together, he is looking at many years of incarceration. We do not know what was “hanging over his head” with regard to the probation, but that could easily be a consecutive sentence.

So, my advice? If facing any, all or just a sampling of the Defendant’s woes, consult an experienced criminal defense attorney as soon as possible. Self-help, at least the type employed by today’s Defendant, is not the best course of action.

Unless you prefer Commonwealth Housing of the mandatory kind, that is.

The full articles of this story can be found at http://www.salemnews.com/punews/local_story_083001341.html/resources_printstory and http://www.wickedlocal.com/beverly/news/x1331539748/Beverly-police-nab-LaPointe-after-10-mile-chase

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