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.

MA Juvenile Arrests – What If Your Kids Are Questioned Or Investigated For A Crime

As a result of a Saturday night incident, a Massachusetts juvenile and young adult will not be returning to school today.

One of the youths, a 16-year-old male(hereinafter, the “Defendant”) was arrested and charged with illegally carrying a Massachusetts firearm and ammunition. The matter is more than just another Boston gun possession case. The Boston Police Department became aware of the Defendant as they responded to a scene nearby in the South End after an 18-year-old male (hereinafter, the “Deceased”) had been fatally shot.

Law enforcement is unsure as to whether the Boston homicide and gun possession are related in any case. In fact, Boston Police spokesman James Kenneally said yesterday that no arrests have been made in connection with the homicide.

Clearly, the Boston criminal investigation continues.

What officials are ready to reveal is that the Defendant was among four folks in a gold-colored vehicle which officers stopped along Annunciation Road Saturday night about 1 mile from Tremont and West Brookline streets. It was at that location that police said they found the Deceased suffering from multiple gunshot wounds at about 7:20 p.m. Officers further indicated that the vehicle matched a description of a vehicle seen leaving the scene.

The occupants of the vehicle are said to have fled, during which chase the Defendant is alleged to have tossed the gun. The officers apprehended him…and the gun.

The Deceased was pronounced dead at Boston Medical Center.

A police officer seeking information from potential witnesses or those who knew the teen spoke with some of those who stopped at yesterday’s memorial.

Police urged anyone with information to call the homicide unit at 617-343-4470, or anonymously through the CrimeStoppers Tip Line at 1-800-494-TIPS.

Are you a youth? Do you have kids? Do you ever hang around with kids? Or people with guns?

You may want to read on, because there is something you should know.

Attorney Sam’s Take On Massachusetts Juveniles And Murder Cases

As an experienced Boston criminal lawyer, as well as a former New York prosecutor, I have been involved in my share of criminal investigations. It is axiomatic that the higher the profile of these matters the more pressure there is put on law enforcement to solve them.

Too often, more pressure means quicker decisions as to who the guilty party is and whether that decision is right or wrong, it usually sticks. Yes, this means that mistakes get made.

We have often discussed how sometimes, out of fear, people react foolishly when approached or intimidated by police. Some try to out-run police. Others feel they can challenge the officers’ authority and “out-smart” them. Still others will be belligerent and engage in physical contact which are seldom, if ever, won by anyone other than the officers.

And these are the adults! Just imagine how juveniles may handle such questioning!

“But Sam, my kids don’t hang out with people with guns. They certainly do not carry weapons themselves! What does this have to do with me?

I, myself, am a parent and sometimes I drive my kids crazy with “what if” scenarios when I fear that something of concern could be happening. After all, neither I nor my ex-wife are with them 24/7. We have close relationships with them, but things can happen.

And, in my line of business, I have seen many unexpected things happen.

The truth is that we all make mistakes sometimes and that includes kids. In fact, like adults, kids do not even have to be associated with a crime to be accused of one.

Should that happen, they will not intuitively know the best way to handle it.

Unfortunately, the adage of “Just tell the investigators everything completely and honestly and everything will be ok”, as laudable as it may be, might not always be the way to go. Statements get twisted sometimes and people become confused out of fear. Especially kids.

“Well, Sam, surely that would be taken into account by the prosecutors when they get involved, right?”

Absolutely.

They will absolutely realize that arguments of confusion and fear will be used by nasty tricky criminal defense lawyers. They will be sure to prepare against those arguments as they prosecute the youths involved.

“And what happens then?”

Stay tuned to tomorrow’s blog as the Boston Criminal Lawyer Blog looks into the Massachusetts juvenile justice system.

To view the article upon which this blog is based, please go to http://www.boston.com/Boston/metrodesk/2011/09/police-questioning-two-people-connection-with-saturday-night-fatal-shooting/DnOeUzcxsrtrgjipYKwG1M/index.html

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