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.

BOSTON RED SOX PROSPECT IS ARRESTED FOR VARIOUS VEHICULAR CRIMES, INCLUDING DRUNK DRIVING

I regret that I have been lousy at getting blogs up here this week. If you have noticed on the news coverage …it has been a busy week on a particular new matter in Uxbridge.

In the meantime, given “March Madness” and such it seems that folks have sports on their mind. Sometimes, the two areas of interest (sports and criminal justice) intersect. No, not only in cases like those of Aaron Hernandez, but all kinds of cases

Anybody can find themselves facing criminal charges.

Take, for example, the saga of Boston Red Sox prospect Jon Denney . He was s arrested for driving with a suspended license early last Thursday morning and responded by allegedly telling police he “made more money than we could ever see,” according to a Lee County Sheriff’s Office arrest report obtained by Yahoo Sports.

While arresting officers are usually interested in getting statements, they usually seek a different type of statement Something alittle less offensive for example.

Another alleged gem from Mr. Denny came when he was asked by police why he was in the Fort Myers Beach area. The response is said to be ,”Partying and looking to get some [expletive].”

19-year-old Denney was arrested at 2:22 a.m.. It was at least his second run-in with law enforcement in the last three months. Police had pulled him over at 11:57 p.m. Wednesday night after he “accelerated quickly,” causing his Ford F-150 Raptor to fishtail, according to the report. Denney furnished a license that was restricted for business and emergency purposes after allegedly drunk driving in Arkansas, the report said.

The above alleged wittisms notwithstanding, the police simply I ssued a citation, according to the report, and Denney called a friend to drive him home.

But Denny apparently had more wit to share. Approximately two hours later, police report that they saw Denney enter his truck and drive out of a parking lot. When pulled over and asked why he was driving, Denney apparently said he was giving a woman a ride, according to the report. “Denney then became belligerent and started to cuss” at the police officers, the report said.

The rant allegedly I ncluded things like “he was a Boston Red Sox player and he didn’t care [sic] he had money and made more money than we would ever see.” When handcuffed, the report said, Denney said “he would be out in no time because of who he played for and that he made three million a year.”

In fact, Boston drafted Denney, a catcher, in the third round of last season’s draft out of Yukon (Okla.) High. He signed for $875,000. Players in Class A, where Denney is expected to start the season, make a little more than $1,000 a month.
Denney was booked by the Lee County Sheriff’s Office at 4:06 a.m. last Thursday. He was released at 8:30 a.m. after posting a $500 bond.

The Boston Red Sox, through a spokesman, issued a statement that “The Red Sox are aware of the incident involving Jon Denney. At present, we are still gathering more information. At this time the club will make no further comment.”

While they are looking into this one, the Sox may want to check into an earlier matter from December 7, 2013. In that adventure, Denny was said to have been arrested for disorderly conduct, minor in possession of alcohol and littering after witnessing him throw a bottle of Malibu Black Rum into oncoming traffic, according to a police report. The bottle, the report said, narrowly missed a vehicle.

The Red Sox have been in this embarrassing predicament before. For example, last March, another Red Sox prospect had similar issues. The prospect was pitcher Drake Britton. He was arrested for DUI after driving 111 mph in a 45-mph zone, hopping a curb and ending up caught in a barbed-wire fence. When asked for his license, Britton apparently gave the police a debit card.

Of course, things worked out well for him. He joined the Red Sox in July, threw 21 innings and won a World Series ring.

Denney’s scheduled court appearance is March 31, according to the sheriff’s office.

Attorney Sam’s Take On Driving Offenses And Offensive Mouths

A brief “word to the wise” here.

During a traffic stop, be it a “good” stop or a “bad” stop, police officers tend to insist being the ones in control. In truth, they really have to because anything can happen during car stops.

Trying to intimidate officers back is most unwise. Rubbing their noses into the fact that you feel your lifestyle is better than theirs is also an invitation for more trouble. Lastly, when the officer tells you to keep off the road, he or she does not usually mean only for a couple of hours.

If there be doubt, call a lawyer or wait until you are before the judge.

It is hard to imagine that anyone lucky enough to be in Denny’s position would want to potentially ruin it by getting arrested and doing all he can, through rather loose lips, to embarrass himself as well as the Red Sox.

“Well, Sam, He seems to have been drunk.”

That’s what they say. But that does not make the offenses any better. Voluntary intoxication is not a defense.

We have discussed this lesson many times, but it clearly deserves repeating.

When approached by the police, do not volunteer all kinds of statements. Do what officers tell you to do and be as polite as possible. If you feel it is all a mistake, your time will comeā€¦in court with your lawyer.

For the full story upon which this blog was based, please go to http://www.boston.com/sports/baseball/redsox/extras/extra_bases/2014/03/red_sox_prospect_denney_arrested.html

Contact Information