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.

Franklin MA Ex-Prostitute Violates Probation By Striking Police Officer With Vehicle

The Boston Criminal Lawyer Blog has discussed the seemingly newly “in vogue” crime of striking police officers with motor vehicles. Usually, these collisions turn out to be accidental. Sometimes, under the law, they are seen as either deliberate acts or the results of drunk driving.

For some reason, this summer has seen it almost become an epidemic.

The latest such alleged driver hails from Franklin and is 25-year-old Ari C. (hereinafter, the “Defendant”). The incipient happened this past Tuesday in Franklin. Apparently, she had even been told by an on looking construction worker that she had struck the officer.

She is said to have apologized and driven off.

Of course, since Tuesday, more news about the Defendant has surfaced. According to the Boston Herald, she is an “accused hooker who violated her probation“.

At first, upon reading this, I wondered what her past as a prostitute had to do with the hit and run charge. Then, I remembered that these are the times in which the world’s oldest profession was blamed for the fact that a maniac labeled the “Craigslist Killer” murdered an alleged call-girl in a hotel room.

Prostitution I can understand. Apologizing to a witness after running down a police officer and then backing up, driving around a construction barrel and take off again, I don’t.

Of course, if the reports are true, it may have simply been the case of faulty short-term memory. For example, the police then tracked down her vehicle. When the police investigated and confronted, she cried and asked if she was in trouble. She also indicated that she had thought she had hit a traffic cone.

Now, I have to admit that in my 25 or so years in the trenches of the criminal justice system, I have seen more than my fair share of illogical behavior. As the Doors once sang, “People Are Strange”..

It is understandable, of course, to become nervous should one drive into anything or anyone, particularly a police officer. However, leaving the scene only makes the situation worse. What otherwise might be considered an accident becomes an intentional act. It leaves behind any semblance of getting the benefit of the doubt.

It also makes the case more media-worthy. Media-worthiness is not a good thing. It tends to bring out skeletons in one’s closet.

The Defendant had received a Continued Without A Finding (which means that if all goes well on probation, the matter will be dismissed) 18 months earlier. The importance of the CWOF is that if she had been asked if she has ever been convicted of a crime (assuming there were no other brushes with the law) she could answer “no”.

So, let’s say he had started other employment since her CWOF. They likely did not know about her past.

They do now!

Further, this new arrest makes it quite possible that she will be surrendered by probation which means that the CWOF will probably be changed into a guilty finding and she will be sentenced accordingly. Yes, that may include jail time.

…And so, by leaving the scene of the accident, the Defendant has likely undone the break she got in her earlier case and is now looking at jail time on two fronts. Further, if she had been keeping her earlier life a secret, the secret is out.

Bad decision….apology or not.

By the way, if you are wondering why she was not charged with Assault with a Dangerous Weapon, it is because there is no allegation that she struck the officer intentionally.

At least….not yet.

If you find yourself in similar circumstances because of a bad choice at a bad moment, it is a good idea to contact experienced legal counsel at the earliest possible moment. If you are interested in consulting me, please feel free to do so by calling me at 617-492-3000.

In the meantime, have a great, safe and law-abiding weekend!

To read the article upon which today’s blog was based, please go to: http://news.bostonherald.com/news/regional/view.bg?articleid=1272440

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