Vehicular Crimes

July 15, 2016

HOW THE POKEMON – MASSACHUSETTS CRIMINAL LAW COMBINATION COULD GET YOU ARRESTED…OR WORSE

There are various periodicals we lawyers read to keep up with not only what is happening system-wide, but also what is up with the rest of the world which we might be missing due to the myopia of our work. One which I quote from often (and thankfully returns the favor from time to time) is the Massachusetts Lawyers Weekly . Another is the American Bar Association Journal . The latter has given me the idea for today’s blog.

According to the Journal, “Pokemon characters are on the loose, and it’s your job to catch and collect them.”

I suppose to those “in the know” that sounds fun. While I don’t know how this works in the “augmented reality” of Pokemon, I do know that not everything that is fun in this world is safe if you would like to keep living in relative freedom.

We are talking about the new “Pokemon Go” app, which uses your phone’s GPS and clock to detect where you are and make Pokemon characters appear on your phone screens. “The Pokemon characters may be in public places such as parks, beaches and even bathrooms, and players have to go to the locations to find them.”

Sounds safe enough, right?

Well, maybe not so much.

June 30, 2016

“WHAT IF I AM ARRESTED OVER THE JULY 4TH WEEKEND?”

by Samuel Goldberg

Now, I know we are in the middle of a three part posting and I owe you the third part. I will post that third part tomorrow. Today, however, something that should be more urgently on your mind.

It could be a drunk driving charge. It could be an allegation of domestic abuse. It could even be an unexpected accusation of rape.

People generally do not venture out expecting to be making an involuntary stop at the local police department before they return home.

But it happens. Especially on holiday weekends.

So, you’d best think about it. When the criminal justice wheels start turning with you inside them, you just might find it harder to think clearly and come up with a plan.

Attorney Sam’s Take On Holiday Police Encounters

Over the holiday weekend of course, court is not open. Therefore, should you end up in police custody, you may have to stay there until Tuesday comes along.

“Isn’t there something I can do about that? I don’t want to spend the weekend in jail.”

June 22, 2016

TEN THINGS TO REMEMBER WHEN EXPERIENCING ROAD RAGE

by Samuel Goldberg

Alexander Nguyen (hereinafter, the Defendant) has been arrested. Monday was his entry date to the criminal justice system.

The Defendant faces charges charges of assault and battery causing serious bodily injury, threats to kill, disorderly conduct, and disturbing the peace.

It was a “road rage” event.

According to Boston.com, the Sharon Police Department reports that the Defendant, 21, engaged in the actions at issue on June 12th. They say he got out of his black Acura MDX and “assaulted the victim while the victim’s children watched from the back seat.”

The Defendant is said to have left the scene and Sharon police posted a description of the suspect on its Facebook page on Friday. On Saturday, Nguyen showed up at the police station, where he was arrested, according to police.

May 20, 2016

FIVE THINGS TO REMEMBER WHEN APPROACHED BY LAW ENFORCEMENT IN A CRIMINAL INVESTIGATION (Part Two)

by Samuel Goldberg

Look, there is no question about whether robbery is a serious crime in Massachusetts. Thus, the circumstances were certainly intense in Methuen yesterday.

36-year-old James Dobbins (hereinafter, the “Defendant”) was arraigned today at Beth Israel Hospital. He is charged with robbing a convenience store…armed robbery while masked.

The Defendant is in the hospital because he was shot at least four times by detectives. This took place when investigating officers went to talk to him about the robbery.

According to the Commonwealth, the Defendant called officers to the apartment complex. Then “without warning drew a black firearm, pointed it at the officers and began to move at them rapidly.”

Not the wisest thing to do should you wish to stay alive a bit longer.

He is alive, though, the Boston Herald tells us . Meanwhile, the four officers involved have since been placed on administrative leave, which is common procedure with such shootings.

May 16, 2016

“WHAT SHOULD I DO IF POLICE OFFICERS ARE INVESTIGATING ME FOR A CRIME OR GIVING ME ORDERS?” (Part One)

by Samuel Goldberg

You may be suffering under the misnomer that you have the right to dance on public property.

Basically, you do.

Unless law enforcement tells you that you don’t.

Let me give you a for instance…one that can be viewed on video at, among other places, the Huffington Post.

The issue of dancing at the Jefferson Memorial dates back a few years. Folks went to the Memorial to commemorate the president’s 265th birthday by dancing silently, while listening to music on headphones.

Park Police ordered the revelers to disperse. When the dancers apparently mocked the officers and refused to stop dancing, they were arrested.

Rather Forcefully arrested.

May 5, 2016

FOUR POTENTIAL CRIMINAL CHARGES YOU SHOULD CONSIDER BEFORE TEXTING WHILE DRIVING OR ANY OTHER KIND OF DISTRACTED DRIVING

by Samuel Goldberg

One of the major subjects today is the problem of “distracted driving”. It is the latest motor vehicle crime which is nearly over-taking drunk driving (OUI) in the headlines.

Just ask a certain police officer in Reading who, according to the CBS, may have been texting while driving. Apparently, a woman took a photo of the officer which shows a him with one hand on the wheel and the other holding a mobile device. The officer is looking down at the device which raises questions about whether the officer was texting.

The photographer claims that he was.

March 31, 2016

BOSTON WOMAN’S OUI CASE TRIGGERS PROSECUTIOIN AND DCF’S REMOVAL OF CHILD

by Samuel Goldberg

If the allegations against a certain 28-year-old Boston woman, hereinafter The “Defendant”, are true, she has demonstrated quite an example on what not to do.

According to the Boston Herald, law enforcement says that the Defendant was driving while intoxicated. This, in itself, is against the law and very unwise. But that’s not all.

The police also allege that the Defendant was driving at a very high rate of speed. Certainly, the speed was well over the speed limit. Also not a great idea. Still not all.

February 26, 2016

EAST BOSTON CHILD STRUCK AND KILLED BY MOTOR VEHICLE ON RANDOLPH STREET

by Samuel Goldberg

An East Boston teen has died of injuries suffered after she was struck by a car crossing a Randolph street the night before, according to authorities. The Norfolk County District Attorney’s office has identified the deceased child as 15-year-old Laura Viera of East Boston.

The girl was transported to Milton Hospital where she succumbed to her injuries on Wednesday morning.

According to law-enforcement, she was struck on Tuesday night while crossing North Main Street in Randolph. The driver of the vehicle, which was a 2000 Chrysler, did not flee the scene but remained there to speak with police and cooperate with them.

Authorities are still investigating the accident and are considering whether or not the weather was a factor in the incident. It had begun snowing at the time of the crash.
Continue reading

January 8, 2016

MASSACHUSETTS LEGISLATURE MOVES TO REPEAL DRIVER’S LICENSE SUSPENSION FOR DRUG CRIMES

by Samuel Goldberg

I have been around as a Boston criminal defense attorney for an uncountable number of years. Laws and procedures that make little to no sense is nothing new in the trenches.

One such sentencing-related law was changed this past week.

On Wednesday, the state House of Representatives unanimously voted to repeal a 1989 law which dealt with convictions for drug offenses. The law basically mandated that someone convicted of such a crime (whether by plea or after trial) would automatically have their driver’s license suspended whether or not said drug matter had anything to do with driving.

The Senate passed a similar law repealing that 27-year-old legislation in the fall. Governor Charlie Baker has indicated he is “open” to the legislation as well, the Boston Globe reports.

The original hope had been that the added punishment would intended to deter drug use. The problem was more in Reality than in Hope Land. In Reality, suspending licenses limited the ability of prior drug users to get their life back on the path to recovery.
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December 28, 2015

CHARLTON TRUCK DRIVER TO FACE APPLICATION FOR CRIMINAL COMPLAINT IN ROAD RAGE INCIDENT

by Samuel Goldberg

As I think I mentioned in my last blog, the holidays can be a stressful time.

A gent from Charlton, a pickup truck driver who we will simply call “Defendant”, is using that as a defense in an upcoming criminal matter.

It is not really much of a defense, but his reaction after he was caught might well get him out of a criminal conviction…although he did not follow my general advice.