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“Why?”, you demand. I can hear you through the computer screen. Each day for about a month and a half, I have posted this daily blog suggesting that, if you find yourself on the nasty end of an investigation or criminal charge, you should consult an experienced defense lawyer as soon as possible.

“Lawyers are expensive”, you tell your computer. “I’m pretty bright…I bet I can talk my own way out of such problems. Besides, I don’t think I did anything wrong…much.” Perhaps you are the more action-oriented type who has already planned out your escape route and how best to out-drive, out-run or out-fight the police officers who might approach you at an…awkward moment.

“Besides”, you say, “I don’t like lawyers”.

Well, who does? But that’s not the point.

Ok, after many blogs about what not to do…let’s look at a case that shows how having a lawyer involved might actually help.

Kenny M., 30, of Lynn, (hereinafter, the “Defendant”) had a case pending in Salem Superior Court. He had been indicted on charges involving the trafficking and possession of drugs and guns…a frequent coupling that tends to make people nervous. He was arrested this past April.

This past Monday, the case had to be dismissed.
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We are now announcing a special “family plan” for the “Hey, I’ll Bet I Can Make This Situation Worse” club we have spoken so much of in this daily blog.

Lawrence, Massachusetts. July, 2008. A 1997 Honda Civic careens into a fence on Phillips Street. Eduard M., 19, (hereinafter, the “Defendant”), the driver, takes the unorthodox approach – he tells his passengers to follow him and they flee the scene. He then reports the car stolen.

It’s a good start toward individual membership. After all, what’s a simple car accident when you can have charges of leaving the scene and fraud added with very little additional effort?

Clinching this nomination, however, is the Defendant’s cousin, Jose, who then went back to the scene to retrieve his hat.

You see, Jose is a friendly guy and ended up talking about the situation with a resident of the house where the accident had occurred. He told the resident how the Defendant had been drunk, but that his auto insurance would cover damage to the fence.

Lawrence police are a friendly bunch too and one of their officers ended up engaged in the conversation with cousin Jose. So, Jose elaborated on the story. He told the officer that his cousin, the Defendant, was drunk and had a suspended driver’s license, but still insisted on driving five other people home from a party on Kendall Street. Missing a turn at Dorchester and Phillips streets, the Defendant hit the fence instead.
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Prosecutors say that they are dismissing the criminal case against Britney Spears, who was charged with driving without a valid license. The news comes after a mistrial was declared in her case on Tuesday, following a jury deadlock of 10-2 in favor of acquitting the pop star.

The case is related to a motor vehicle crash in August 2007 involving Spears and another vehicle in Los Angeles. At the time of the crash, Spears reportedly was not driving with a valid California driver’s license. She was, however, carrying a valid Louisiana driver’s license. A misdemeanor hit-and-run charge against Spears for the accident was dropped last year.

While the defense argued that Louisiana was the singer’s place of residence when the crash occurred, the prosecution argued that Spears should have been driving with a California driver’s license because Los Angeles is her permanent home. Three witnesses testified during her trial.

If Spears had been convicted of driving without a valid license in California, she would have ended up with a misdemeanor conviction and a criminal record. The penalty for the conviction is up to six months in jail, but prosecutors say that the performer would more likely have been fined and placed on probation.

Driving without a Valid License in Massachusetts
In Massachusetts, you must have a valid license or permit to drive a motor vehicle in the state. If your license was revoked or suspended, then you do not have a valid license.

It is illegal for you to drive without a valid license, and you will face a criminal motor vehicle violation if you are apprehended. You could face a fine and jail time if convicted.

No retrial: Case against Britney Spears dismissed, AP, October 21, 2008
Judge declares mistrial in Britney Spears case, Reuters, October 21, 2008
Related Web Resources:
Chapter 90: Section 10. Operation of motor vehicle without license; members of armed forces; nonresidents; suspension or revocation of license, The General Laws of Massachusetts

Hit-and-Run Charge Against Britney Spears Dismissed, People, October 25, 2007
Massachusetts Registry of Motor Vehicles
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…Gee, and it seemed like such a controllable Commonwealth.

The Red Sox faced the ultimate test again Sunday night. And failed. Sorry ’bout that. But, Boston officials had braced for any resulting outcry of emotion that might…overflow… into violence; they warned everybody to stay away from Kenmore Square, the area in Boston where exists Fenway Park…home of the Sox.

While thousands of fans packed Tropicana Field in St. Petersburg, Florida for the game, officials in Boston closed several streets to vehicular traffic and restricted parking in the area surrounding Fenway Park. Police cadets even handed out flyers, asking fans to celebrate…or the other… responsibly.

“I think they are excellent, given what has happened in the past here. I also appreciate that they were so on top of handing them out to everyone. As soon as you came down here, hours before, they were handing them out,” one fan said. The flyer warned against the crimes of unlawful assembly, disorderly conduct and disturbing the peace, as well as the punishments for them. It also warned about the strong police presence. “Enjoy yourself, but stay on campus. Don’t come down to Kenmore Square. If you come down to Kenmore Square, there will be a force of Boston police there,” Boston Mayor Tom Menino said.

Well, Fenway was under control…but people staying in their neighborhoods turned out to be a mixed blessing. Fox example, Gloucester had a few people who might have found those leaflets handy.

Police responded to early morning reports of an unwanted guest at the home of M.N., 17, (hereinafter, “Defendant 1”). When they reported to the scene Melissa S., 37 (hereinafter, “Defendant 2”) was banging on Defendant 1’s door and appeared to damage it. Defendant 2 was taken into custody on charges of malicious destruction of property over $250 and disorderly conduct. When police ran a check on Defendant 2, they found that she had an outstanding warrant for speeding and driving without a license.
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The Ten Commandments had a few things to say about interaction with one’s neighbors. It might have been helpful, however, had they mentioned what would later be named “the internet” and how it would play into things. At least, it might have helped a particular Andover couple.

Friday morning, Bill and Gail J., both 51 (hereinafter, the “Defendants”), were arrested and charged with criminally harassing their neighbors (hereinafter, the “Neighbors”) over the Internet because of a property dispute.

The harassment allegedly started with a fake advertisement on Craig’s List for used golf carts and other items such as unwanted memberships to a national nudist association. You guessed it…the Neighbors were listed as the people to contact. It then escalated to fake reports of child abuse to state social workers, mysteriously opened bank accounts, and threatening emails and letters, prosecutors said.

The harassment took place over several weeks in March, authorities said. According to court records, the Neighbors began receiving dozens of harassing and threatening e-mails and phone calls. At one point, DSS social workers came to their home to investigate false claims that their 14-year-old son had abused a female at school.

The Defendants pleaded not guilty to counts of criminal harassment, identity fraud and conspiracy at their arraignment in Essex District Court, as they each stood by their individual attorney. Both lawyers said the Defendants are Tewksbury High School graduates who own a realty company and have lived in Andover for nine years. They are also parents of three teenage daughters.
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You know, I think prostitutes are getting a bad rap this week. Yesterday’s daily blog covered a young lady with a record for prostitution being arrest under…curious…circumstances. Today, we examine a case where a prostitute is blamed for something once again…and not for her chosen profession. It is unlikely to end the same way, though.

57-year old Leonard R. (hereinafter, the”Defendant”) had a little problem this past Sunday, apparently when he was returning home in Pittsfield. Well, he did not exactly drive to his home…he drove into his home. His speed is not indicated, but his Toyota Tundra is said to have destroyed a garage door and caused structural damage to the brick building.

According to Central Berkshire District Court records, he was driving with a revoked license. His license had been revoked because of previous drunk driving convictions.

Oh yes, he is also alleged to have been drunk at the time of the collision with his apartment building.

Well, he was now home, after all, so he left the nasty seen and went to his apartment. According to Pittsfield police, he was found “hiding in his bedroom closet”.
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Here is a cautionary tale out of Lynn, Massachusetts, that could have ended much differently.

On Monday night, shortly after 10:00pm, Jackeline H., 26, of Haverhill, (hereinafter, the “Defendant”), earned the Commonwealth’s Bracelets of Shame after an alleged robbery.

According to the police, a certain unnamed gentleman (hereinafter, “Mr. Unnamed”) had just dropped off his girlfriend at her home and was now sitting in his car on Lewis Street, perhaps lost in thoughts of a lovely romantic evening, with a pile of cash just lying in the center console. $240 in cash to be exact.

Suddenly, according to the police, the Defendant suddenly appeared out of nowhere and jumped into the “Car o’ Cash”. She asked the driver if he wanted to buy a pair of sunglasses.

He answered “No”

At that point, the Defendant took the more direct approach and allegedly grabbed the money and jumped out of the car.

Mr. Unnamed, then, followed her down the street demanding his money back. This continued until the Defendant allegedly said she had a screw driver and, “Don’t come any closer or I’ll stab you,” according to a police report.
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The mother of Caylee Anthony, the 3-year-old girl who has been missing since June, has been indicted for her daughter’s murder. Casey Anthony was arrested on Tuesday after police officers saw her switch cars on a highway. An Anthony family spokesperson says that Casey was about to turn herself in to police. The arrest happened before she was able to surrender.

A grand jury has indicted the 22-year-old on charges of capital murder, aggravated manslaughter of a child, aggravated child abuse, and four counts of providing false information to police. The first-degree murder charge could lead to the death penalty or life in prison if Casey is convicted. She is expected to enter a plea to the indictment within the next 30 days. Prosecutors want Casey to be held without bond.

Casey waited a month after Caylee went missing before telling anyone about the disappearance. Investigators say that while Caylee’s body has not been found, the growing evidence continues to indicate that the toddler is dead.

According to information provided by police, Casey went to nightclubs, regularly text-messaged with friends, and entered “hot-body” contests after her daughter disappeared. She also reportedly gave conflicting statements and false information to police.

Among the evidence cites by police:

• Traces of chloroform and evidence of human decomposition were found in a car linked to Casey.
• Casey reportedly asked a neighbor if she could borrow a shovel.
• Search files on Casey’s computer indicate that she had looked up Web sites about chloroform and missing children.

Casey has always maintained her innocence.

Caylee’s mom named in murder indictment, CNN.com, October 15, 2008
Casey Anthony arrested on busy Orlando-area highway after switching cars, Orlando Sentinel, October 15, 2008

Related Web Resources:

Caylee Anthony Timeline, MyFoxOrlando.com Continue reading

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This week’s winner of the “Person Least Likely To Change His Name To ‘Defendant’ ” has been awarded to an associate member of the Hanover planning board. According to the police, his own, outside, planning board planned to violated certain laws. Drug laws. Serious drug laws.

Christopher G., 29, of Hanover, Massachusetts (hereinafter, the “Defendant”) was among five people arrested in what police are calling a major marijuana distribution ring. Police said an informal drug task force of South Shore police departments seized more than $80,000 worth of marijuana in the arrests.

Police said the Defendant is believed to be a major distributor of marijuana on the South Shore. Marshfield Police said they searched him and his Toyota 4-Runner in Pembroke on Sunday morning and seized about three pounds of marijuana. Then they searched his home. They found about 22 pounds of marijuana, and $3,000 cash, they said. Police also searched the other alleged co-conspirators and recovered about three pounds of marijuana and $11,000 cash.

Pembroke police charged the Defendant with distribution of marijuana, possession with intent to distribute marijuana, possession of marijuana and conspiracy to violate drug laws.

The Marshfield Police Department said police sought court-authorized search warrants for the vehicles and homes involved in this case during the investigation.
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Have you ever wondered how seriously insurance companies take the possibility of fraudulent claims?

In Lawrence, Massachusetts, the city’s auto insurance fraud task force brought charges against nine people last week…all involving the very same two-car accident.

One method the task force uses for their investigations is to be on the look-out for what they call “frequent flier” cases. “Frequent flier” is the nickname the auto insurance industry labels those with five or more claims in 10 years. Such high claim totals generally raise “red flags” about the credibility of claimants and suspicions about possible fraud. Four of the nine people charged in their latest probe had filed seven or more claims.

The accident took place in January, 2003. As the story goes, a 1996 Honda Accord was driving on Bailey Street when it slid in the snow and through a stop sign at the intersection with Phillips Street, hitting a 1993 Lincoln Mark VIII. Two passengers in the Honda, however, now tell the police that the accident was a fraud. Accident reconstructionists are also of the opinion that the damage could not have been caused as described.

The “red flag” in this case? Well, let’s take the driver of the driver of the Honda, Jose C., 58 (Defendant 1). He has filed 26 auto insurance claims over a 51/2-year period ending in early 2003, including eight for accidents involving injury.

Coincidence, you say? Perhaps he is simply the unluckiest driver in the world. Maybe. But, let’s look at the owner and passenger in the Lincoln, Rita L., 52 (Defendant 2). She has had 22 auto insurance claims over a 12-year period dating back to 1996. Nine of the claims involved car accidents with reported injuries. Defendant 2 claimed to have been hurt in six of those cases.
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