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.

LYNN MAN IS CHARGED WITH VEHICULAR MANSLAUGHTER IN ATTLEBORO

This case brings back memories that we have discussed with you not so long ago.

The case is pending in Attleboro. The criminal allegation? Vehicular Homicide.

26-year-old Arman Chaudhary (hereinafter, the “Defendant”) from Lynn is the driver in question.

The Boston Herald tells us that the Defendant is accused of driving more than 100 miles per hour, ending his trip by way of a tragic collision. A fatal collision.

The accident took place on September 30, 2015 in North Attleborough. On Tuesday, October 13th, he pleaded “not guilty” to the manslaughter charges in court.

According to the Commonwealth, the Defendant drove his friend’s BMW on I-95 at an estimated 113 mph before losing control of the vehicle, driving off the highway, then hitting a Ford Expedition as it veered back onto the road.

Police say that a passenger in the Expedition, 65-year-old Rom Tim of Lynn, died after the crash. They further say that the Defendant, just to throw alittle bad judgment into the mix, made the statement that he had been cut off by another car that then left the scene.

Police did not believe him. They say the evidence does not support his claim. Thus, they say his misled the investigators.

Stay tuned for added charges of “Intimidating a Witness”, coming soon.

The Defendant is due back in court November 23rd.

Attorney Sam’s Take On Bad Driving And Bad Choices

As you may recall, Ian and I took a case similar to this to trial not so long ago.

Our client was accused of falling asleep while driving when his car swerved and struck a man, killing him. Our client, like the Defendant, chose to make a statement to investigating officers, admitting that he had fallen asleep.

The issue came down to whether our client should have reasonably expected that he could have fallen asleep. The Commonwealth claimed that, given how hard he had been working, he should have expected it.

Our client was found to be “Not Guilty”.

Incidentally, at around the same time, a local District Attorney had the same thing happen to him, although the person he hit did not die. Interestingly, he did not even get charged.

But I digress…particularly when it comes to unequal treatment under the law.

The Defendant faces a couple more problematic allegations.

First of all, the alleged speeding. This ups the ante. The Commonwealth will claim that the Defendant’s speeding was unreasonable (certainly illegal) and that said negligence or recklessness caused the accident…not the unknown disappearing vehicle the Defendant had told them about.

And that brings us to another alleged bad choice.

The statement.

We do not know all the details of the statement, but we do know that it allegedly included transferring the blame for the tragedy to the possession of another, unknown, driver.

As you know, I generally advise against making such statements at least until a defense attorney has been contacted. Given that defense attorneys seldom show up automatically at the scene of car accidents…it is probably best to keep one’s mouth shut when it comes to mounting a defense.

The Defendant did not see it this way. He decided to give his explanation at the scene.

The statement is said to have blamed someone else for the accident (I do not know who he blamed for the speeding – if he admitted to speeding). Unfortunately, not only did investigators not believe him, but they are probably going to charge him with lying to law enforcement…the ever-popular, if unfortunately named, witness intimidation.

That’s a felony charge you may recall.

If not already done, the authorities will be conducting accident reconstruction experiments. I would wager that the resulting findings will contradict the Defendant’s claims.

Next stop: a likely indictment and transfer to Superior Court.

As for the rest of you…Have a great, safe and law-abiding weekend!

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