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.

HIT AND RUN ON ROUTE 107 IN SAUGUS, CRIMINAL CHARGES PENDING INVESTGATION

If you were on route 107 like this Boston criminal lawyer this morning, and found traffic flow making you wish you were actually riding in on a turtle, the problem may have been a tragedy.

Shortly before 5:00am this morning, a reported hit and run incident took place. Saugus Police are investigating the incident after a man’s body was found lying on on Route 107 shortly before 5 a.m. according to Wicked Local’s news partner WCVB.

The road was closed from Ballard Street to Route 60 for about two hours after as police investigated, and reopened around 8:30 a.m.

Few details have been released, but officials say that the victim is 24 years old and from the Boston area.

Already, the Essex District Attorney’s office has issued a pree release stating that the matter is a “probable” Massachusetts hit and run.

Saugus police responded after a motorist noticed the body in the median.

The investigation is still continuing.

Attorney Sam’s Take on Hit And Run Accidents And Fatalities

If you are in a car accident in which there is either property damage or human injury, the worst thing you can do is take off and flee.

First of all, leaving the scene is a crime in itself.

Often, such accidents are an accident. Sometimes there are extenuating circumstances. Sometimes, the driver is not at fault. However, once you flee the scene, you make your situation worse. There is, of course, the crime of leaving the scene itself. Further, the law will interpret fleeing the scene as evidence of consciousness of guilt. This will come back and hurt you should there be criminal charges and a trial. Finally, at an arraignment, the court is more likely order you be held on higher bail because of the sudden flight.

These cases are seldom cut-and-dry. For example, lets look at this very case. It was rainy. It was dark. There is construction at the location. What if the pedestrian was suddenly running over the highway?

In this case, it is unlikely that the driver will remain unknown for long. Investigators have part of the vehicle in evidence. The police are talking to witnesses. No, it would appear that this is one of the usual cases in which the fugitive will be found one way or another.

So, what is such a driver to do?

There is really only one intelligent course of action unless the driver is actually hoping to spend many years in custody.

He should retain the services of an experienced criminal defense attorney. I can tell you from my experiences in such cases that the road ahead is going to be rough. There are many pending criminal issues as there are civil issues should there be a wrongful death lawsuit.

“But, Sam, isn’t it too late for the driver to protect himself from all that?”

Absolutely not…but if he or she waits until the police find him or her…options will start to disappear. The driver needs to retain counsel now. Counsel can contact investigators and act as intermediary with police and minimize the effect of initial decision to flee. This is particularly critical when it comes to bail arguments. Then, it is time to deal with the circumstances of the accident.

Keep in mind,by the way, at risk is also the owner of the vehicle if that person was not the actual driver. That person, and anyone else found to be shielding the driver could face a lawsuit and/or criminal charges as well.

To read the original story upon which this blog is based, please go to http://www.wickedlocal.com/saugus/news/x187943515/Body-found-on-Saugus-highway-hit-and-run-suspected#ixzz2VY1583BP

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