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.

High Bail Set ForHome Invaision Defendant Facing Assault, Kidnapping and Driving Charges In Two States

John K.,27, of Malden (hereinafter, the “Defendant”) is going to have to come up with a lot of money if he wants to go home…unless his lawyer puts in for a bail appeal. Last week, the Taunton District Court judge ordered that be held on $500,000 bail on charges stemming from a Rehoboth home invasion last week.

The Defendant is charged with a collection of charges, including home invasion, assault with a dangerous weapon, armed kidnapping, unlicensed possession of a firearm and masked robbery with a firearm a bit over a week ago in Taunton.

While the details of the incident have been sealed by Judge Richard Savignano, an unusual move in itself, the police have disclosed some information. They claim that the Defendant broke into a home . on Friday at about, bound and robbed a female resident at gunpoint and then drove off in her car.

Rehoboth Police Chief Stephen Enos said the incident appeared to be a random crime. Apparently, however, the spree did not end there.

A car chase began on Route 44 in East Providence and ended at Slater Park in Pawtucket, R.I. when the Defendant is said to have crashed the car and jumped into the Blackstone River. He staved off arrest for about two hours by threatening suicide with a gun to his head.
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Finally, he agreed to give up his latest apparent hostage, himself, and was taken to a local hospital for a brief observation.

The Defendant was arraigned in Providence District Court Monday on charges that included reckless driving, eluding police, possession of a stolen car, unlicensed possession of a firearm and a fugitive from justice.

Attorney Sam’s Take:

The Defendant is now in the unlucky position of facing criminal charges not only in two different courts, but in two different states.

Often, if a defendant is facing charges in different courts in the Commonwealth, there is an effort to package them together for a potential plea deal. There is, at least, some relationship between the prosecutorial authorities. However, that is much more difficult when two different states are involved. It would appear, however, that Massachusetts is the one holding the Defendant on the high bail.

This could mean that the Defendant does not even begin to deal with the Rhode Island charges until he settles the Massachusetts case. Of course, he may have to wait a long time to do that. He is charged with multiple violent felonies in Massachusetts for which he could end up serving many years.
You may be wondering why the charges cannot simply be rolled together so that one court can handle them. This is because one jurisdiction cannot prosecute a crime which happened in another jurisdiction. It does not have standing to do so. This is particularly the case since two states are involved. Each state has its own procedures and its own laws. As a result, unless the attorney is licensed to practice in both states, he may not be able to represent the Defendant in both cases.

I mentioned a potential bail appeal earlier in this posting. It is a bit surprising that, at the original bail hearing, the Commonwealth did not move to have the Defendant held in a dangerousness hearing. Should bail be reduced in superior court, that may be their next move.

The Defendant is facing very serious charges in the Commonwealth. It is unlikely that the fact he was holding himself at gunpoint is going to help him…unless there is some kind of insanity defense. If you find yourself or a loved one charged in a felony case such as this and you want to talk to me about it, feel free to call me at 617-492-3000.

To view the article upon which today’s blog was based, go to: http://www.wickedlocal.com/taunton/news/x1692320015/Rehoboth-home-invasion-suspect-held-on-500K-bail

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