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.

ATTLEBORO JUVENILE IS ARRESTED FOR ASSAULT, ATTEMPTED MURDER AND ASSOCIATED CRIMES

I have long decried that many juvenile prosecutions are made of immature and stupid activities which have been long demonstrated by the young…yet, now turned into crimes. I have discussed within these postings how this change in policy has put our kids at greater risk than most people realize.

There are cases, however, in which the accused, although a child, would have been arrested and prosecuted at any time in the recognizable past. Such is the case of a certain 15-year-old boy from Attleboro.

The boy (hereinafter, the “Juvenile”) has been charged with very serious criminal charges. They include, according to law enforcement, allegations of attempted murder, home invasion, kidnapping, assault with intent to murder, intimidation of a witness, operating a motor vehicle without a license, and assault and battery upon a person over 60 thereby causing injury.
The event is said to have happened around 10:00pm on Wednesday night. According to law enforcement, the 63-year-old woman was unexpectedly confronted by the Juvenile inside her home on Cumberland Avenue. The Juvenile is said to have known the woman and also lives on Cumberland Avenue. Police allege that he attacked her and stabbed her multiple times in the neck and torso.

After this initial attack, the police say that the Juvenile took the woman against her will to a pond near the Seekonk line, where he dragged her from the car and attempted to drown her. After failing at that, the Juvenile allegedly then put the woman back in the car and drove her to a third location.

At this new location, the Juvenile “attempted to clog her tailpipe with an article of clothing in an attempt to asphyxiate her,” police said. During this particular attempt, the woman was apparently able to free herself. She then got behind the wheel of the car to flee. She drove herself to Sturdy Hospital and contacted police.

The woman was later transported to Rhode Island Hospital in Providence, where she is being treated for injuries that are not considered life-threatening, police said.

The Juvenile was arrested when he arrived at his home around 3 a.m., police said. He was held at the Attleboro police station until he was transported to Taunton Juvenile Court for arraignment.

Attorney Sam’s Take On Juveniles and Violent Offenses

For this particular lad, saving his criminal record (CORI) is likely to be the lest of his problems. It would seem that the list of charges is likely to resemble a grocery list.

“Well, Sam, he is, after all, a kid. So the most he is likely to suffer is a juvenile record and a ‘slap on the wrist’, right?”

Not even close.

First of all, we do not know whether he has any prior juvenile history. If he does, his situation will be even more dire. However, even if it is his first arrest, he had best have experienced and talented counsel at the earliest possible minute.

“He has already been arrested. What is the rush?”

A great deal can happen between arrest and arraignment. One the biggest things is often an attempt to get the juvenile to give a statement which will greatly work against him. You see, whatever your view about juvenile crimes, the juvenile is 15-years-old. As smart and worldly as he may think he is…we know that, biologically, his brain is not even fully formed. In other words, his judgment is not at its best. If you need proof of that, review the allegations above.

Often, law enforcement take advantage of this fact by peppering the juvenile with questions which will lead to admissions or other statements which can be used against him. Keep in mind that the arrested juvenile is a violent felon as far as law enforcement is concerned. They are building a case to support these findings which, they expect, will land the lad into many years’ worth of incarceration.

Standing, or attempting to stand, against all that is simply the kid.

“Won’t the parents prevent that?”

Maybe. If he has available parents. If said parents are there. If they realize the severity of the situation.

Neither of these may be the case.

You see, even if concerned parents show up at the police station, and even if they have even a passing familiarity with the justice system…they are parents..

“What does that mean?”

When law enforcement’s target is your kid, cold and rational thought goes out the window. The parent is plagued with the beliefs that we, as parents, carry around. There can be more of a belief in “if little Johnny just tells the truth it will be ok because Johnny is, after all, a ‘good boy'” approach.

That can be fatal to a defense.

A cool, semi-detached and experienced legal mind is necessary before “little Johnny” is led, ever trusting the “good guys” into criminal justice slaughter.

On that happy note, have a great, safe and law abiding weekend!

For the original story upon which this blog was based, please go to http://www.boston.com/metrodesk/2013/03/07/teenager-arrested-after-vicious-attack-year-old-woman-attleboro/NpdkxRTWvqlljsp7LnBjbK/story.html

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