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.

RANDOLPH AUTO THEFT CASE SPREADS TO BOSTON AS THREE SUSPECTS ESCAPE

When what promises to be a Boston arrest warrant matter filled case like this one hits the news, you may remember my oft-times repeated warning this Boston criminal lawyer gives his readers.

I always warn you that if you are approached or flagged down by law enforcement, it is best to neither attempt to out-talk, out-fight or out-run; you will not win.

Well, you may want to quarrel with me on this after this story.

You see, yesterday, Randolph and State Police had occasion to chase three suspected thieves into Dorchester and downtown Boston. However, they came up empty, even with the help of a police dog.

The action began when a resident of an apartment complex looked out at 5 a.m. and allegedly saw someone breaking into their black Honda Civic. And so a call was made to the police.

The officers apparently arrived as the Civic was driven off with two men wearing hooded sweatshirts inside the vehicle. The police say that the suspects also had an accomplice driving a Dodge Caravan with them for assistance. “Assistance” here basically amounted to speeding away, along with the Civic, when Randolph police arrived.

The chase was on.

The chase continued to Interstate 93 northbound, where State Police joined the pursuit, authorities said. The Civic then drove off onto Morrissey Boulevard. There, the Civic crashed near Dunkin’ Donuts. The driver of the Civic drove on the Southeast Expressway until the Freeport Street exit and then drove onto Morrissey Boulevard.

The two men inside ran off…and got away.

Meanwhile, the driver of the Caravan managed to elude pursuers once he reached the Central Artery tunnel.

Three – zero. Bad day for law enforcement.

Attorney Sam’s Take Escaping From The Police

“So, Sam… sometimes trying to run away from law enforcement is successful, huh?”

Well, yes, it can be successful. At least for awhile. However, once the necessary luck runs out, which it will sooner or later, one will be left facing a worse situation bail-wise than had the getaway not taken place. Further, whatever additional damage is caused by the chase will also be added to the tally of charges.

In this case, the trio are pretty lucky not only in that they got away, but that the only additional charge will likely be the damage to the crashed Civic and fleeing from the police. However, they have also indicated a predisposition to fleeing and so are not particularly stellar bail risks.

“Will there be a warrant out for their arrest now?”

Well, there may be, depending on the circumstances, for example if police learn their name. In the meantime, there will be a criminal investigation. Most likely, someone will be arrested. The thought will be once one of the trio is arrested, a deal may be made to find the other two. After all, in a criminal conspiracy, everyone is responsible for what the other co-conspirators do.

Do the words “Come on, Johnny…you’re a decent guy. I hate to see you go down for what your pals did. That wouldn’t be right. Just tell us your side of things and you can go home!” come to mind?

Of course, when the case gets to trial, this flight may help the defense. After all, it does not seem like there was a great chance for the witnesses to identify them. Of course, this was more likely a huge hurdle for the Commonwealth in the old days. Now, we have fingerprints and DNA which may well aid the investigation. Particularly since two of the three were involved in a car accident and so may have bled in the Civic.

The bottom line is that actually escaping (which these three did, at least for a while) can make the case against them stronger or weaker. However, it is likely to make the charges more serious. So, it is not a great risk for a few reasons. First of all, you may not get away. Second, if (and most likely when) you are caught, you may have changed a simple larceny case into something much more serious (all the way up to felony murder) and have worsened your chances for an affordable bail.

By the way, if you do take that chance…you probably want an experienced criminal defense attorney by your side to figure out the best way to turn criminal justice lemons into lemonaid.

NEXT UP: What do Herman Cain and the Occupy Boston group have in common with you?


To view the article upon which this blog is based, please go to http://www.boston.com/Boston/metrodesk/2011/11/three-suspects-escape-after-wild-stolen-car-chase-from-randolph-dorchester/lm5C6KF4jCgDYJr3U6JG6I/index.html?p1=News_links

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