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 High School Student Arrested For Assaulting Teacher And Intent To Sell Drugs

It is not terribly unusual to hear about a case in which a student is accused of getting into a fight with another student. However, a Newton high school student has now been charged with Massachusetts assault and battery against someone else…a teacher. But it does not end there. He will also have to tell his new attorney how to defend against the charge that illegal drugs were the issue of the altercation.

The 16-year-old lad (hereinafter, the “Defendant”) was charged with assaulting the teacher on Friday after a metal box full of marijuana was allegedly confiscated from him at school, police said.

According to the Commonwealth, a teacher caught the Defendant in a school bathroom with the box in a, and took him into an office, where he was told his parents would be contacted. As the Defendant was being escorted to another school office, police said, he allegedly grabbed a different teacher’s hand in an attempt to retrieve the box. The teacher was not injured.

Police say that the box contained five packages of marijuana.

In addition to assault and battery, the Defendant is charged with a drug violation in school and possession with the intent to distribute a Class D drug. According to police, he will be arraigned in Waltham Juvenile Court.

Further disciplinary action is left to the discretion of the principal, Superintendent James Marini said.

Attorney Sam’s Take:

We have discussed in the past the seriousness of juvenile crimes.

First of all, particularly when they take place on school property, they are incidents which must be addressed not only in court, but also at the school. For example, a juvenile can be suspended or expelled because of such events. Such a result will play havoc with the student’s school record and come back to haunt in future attempts to get into school and employment.

Gone are the days of “boys will be boys”…not that assaulting teachers and trafficking in drugs was ever taken that lightly.

On the criminal justice end, once the juvenile is arraigned, the matter appears on his CORI. Depending on how the matter is resolved, it may have to stay there for 10 to 15 years before even an attempt can be made to seal it. Naturally, this also can greatly effect the juvenile’s hopes and dreams for the future.

Which is alittle ironic, given that we want to leave every opportunity in place that the juvenile will be able to move on, put his past behind him and be a successful member of society.

I am still contacted by parents who seem to think that, because their little angel is “only a kid”, or because the police told them so, that the case is a slight matter which need not be a cause for concern. It is simply not the case. Not even close.

Take it seriously. Very seriously. Contact an experienced criminal defense attorney at the earliest possible moment to get advice and defend the youth. If you want to discuss such a matter with me, please feel free to contact me at 617-492-3000.

To find the original story upon which this story is based, please go http://www.boston.com/yourtown/news/newton/2010/02/newton_north_student_charged_w.html

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