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.

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

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

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

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

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

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

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

You see, Defendant1’s generosity had already been known by the local drug unit. In fact, the negotiations themselves had been occasioned by that knowledge. It was the target of an ongoing investigation.

The negotiations had apparently begun on Saturday when the UC called Defendant1 and made arrangements to meet him that night. The deal at the time was three bags of crack for sixty dollars. After the transaction, the UC called him again and asked to buy six more backs for one hundred dollars.

When they met forty minutes later, the Defendant1, apparently sensing the momentum, offered the lower price if the detective would become a regular customer.

The negotiations ended and Defendant1 was charged with distribution of crack.

Given the fact that generous treatment and bargains did not seem to do Defendant1 any good with law enforcement, is it any wonder that others take a different approach? Take Jean B., 21, (hereinafter, “Defendant2”) a homeless gentleman from Framingham for example. Far from looking to engage in business with the police, he tried to get away from them.

Defendant2 is alleged to have stolen a 1995 Ford Pickup in Maynard on Sunday, leading the police on a chase from there to Framingham. Framingham Police were notified and they took up the chase.

They found the truck abandoned. However, a passer-by told the police that the man who had been driving the truck had walked toward the post office and gave them his description.

And so the chase was afoot again. In fact, it was on foot. According to the police, Defendant2 started running when he saw the police and the police, in turn, took chase.

After the lengthy foot pursuit, Defendant2 was caught shortly after he was seen coming out of a garage.

Framingham Police charged Defendant2 with larceny of a vehicle, receiving a stolen vehicle, resisting arrest, breaking and entering and disorderly conduct.
Maynard Police charged him with the theft of the vehicle, failing to stop for police, driving with a revoked license and driving to endanger. They also cited Defendant2 for a marked lanes violation and speeding.

Not terribly surprisingly, Defendant2 also turned out to have had Worcester District Court warrant issued in his name, charging him with assault and battery with a dangerous weapon, assault and battery, resisting arrest and intimidation of a witness.

Defendant2 was ordered held on $500 bail at his Framingham District Court arraignment.

Attorney Sam’s Take:

These days, you do not know who is investigating, or simply watching, what you are up to.

Chances are, if you are engaging in a criminal enterprise, you are likely to be observed at some point. Shortly thereafter, you will find yourself face-to-face with law enforcement. Clearly, offering the deal of the century is not a solution to that moment. I know that Defendant1 did not know that his eager buyer was a police officer. But I have seen many clients who, upon being offered the Commonwealth’s Bracelets of Shame, make yet another counter-offer…an even greater bargain if they can go free.

Of course, this is called a bribe and it is another crime. Not a good way to go.

Of course, the tale of Defendant2 is a common one. Suspects still feel that they will succeed in out-driving and out-running police officers. As a result, they take a situation that is misdemeanor/one city size and blow it up into a multi-city/felony level problem.

Also not a good way to go.

The right way to go? Well, we have reviewed that many times, have we not? Just check out many of my previous postings on the matter. Do not try to out-reason, out-fight, out-drive or out-fly the investigators. You will only succeed in making the situation worse. Politely comply, let them know that you realize that they are in control of the situation…and then, after giving your name and identification, close your mouth.

Think of it as trying to “out-silence” them.

The full articles of this story can be found at http://www.wickedlocal.com/stow/homepage/x726820279/Police-Man-steals-car-in-Maynard-arrested-in-Framingham-after-chase and http://www.patriotledger.com/news/x64522722/Man-arrested-after-offering-undercover-detective-a-deal-on-crack-cocaine

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