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.

Massachusetts Dad arrested for Domestic Drugging

A gentleman from Plymouth began his week on Monday behind bars, looking for a criminal defense attorney. He stands charged with performing the type of deed that has been in the news lately connected to the death of pop icon Michael Jackson.

Sean D. (hereinafter, the “Defendant”) is now being held without bail. He is charged with spiking drinks for his wife and 18-month daughter with a sleep-aid.

The investigation began when the Defendant’s wife called police after she found her daughter ill, according to police. Their investigation found that he had allegedly been putting sleep aids into the mother and daughter’s drinks on more than one occasion, police said.

The Defendant was arrested Sunday night at the family’s home. He has been charged with distributing food with a harmful substance, was held at his arraignment on Monday, and is said to be returning to court today for a dangerousness hearing.

Police have not indicated what brand or type of sleep aid the Defendant is accused of using or why.

Attorney Sam’s Take:

Timing is everything…even in the justice system.

This case, especially since it involved a young child, would have been treated fairly seriously at any time. However, with all the news about the Michael Jackson homicide investigation, someone being so cavalier about dispensing medication into someone’s system…especially without their consent…is something that will likely be treated especially seriously.

You may notice that the reason for the medicating is not yet known. It really does not matter. The giving of the medication, in itself, is actually a battery, and a dangerous one. This is particularly so given that the medication was a “sleep-aid”.

We do not know if the Defendant had a prior record. We do know, however, that the Commonwealth is moving for a Dangerousness Hearing so that he will be held without bail. For this, their argument must be that he is to be considered a threat to the community.

In fact, an argument can easily be made that this was a domestic violence matter given the actions of the Defendant and the fact that the alleged victims were members of his family.

So, as I have told you in the past, “self-help” is not recognized in the criminal justice system. So, whatever problem you are seeking to cure (even if you have decided a loved one needs more help sleeping), slipping them something into their system without their consent is something that can easily bring you Commonwealth housing.

Should you find yourself or someone you care about to be facing such charges as these and wish to discuss the matter with me, please feel free to call me at (617) 206-1942.

For the full articles upon which today’s blog is based, go to http://www.thebostonchannel.com/news/20928056/detail.html and http://www.patriotledger.com/news/x680801733/Plymouth-man-charged-with-drugging-his-wife-toddler

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