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Yesterday, I began the first of this two-part Attorney Sam’s Take. Much of what is suggested has been discussed before in earlier Boston Criminal Lawyer Blog posts. However, I am hoping that the message is made even clearer when put forth in this way.

There are some decision into which you are rushed which can affect the rest of your life. This is one of them. However, before you start envisioning the proverbial gun to your head, understand a few things. First of all, the decision does not have to be final. If you have begun the case with an attorney who greeted you at arraignment or someone you picked up along the way, if you have lost faith in that attorney, you can probably switch. There are limitations to this, of course. For example, if your case is about to go to trial, the court may not allow you the time needed for your new attorney to catch up to speed. Also, if your attorney has been appointed by the court and he is the third such attorney you wish to fire, the court might decide that you are simply being too difficult and not allow you yet another court appointed attorney. However, you can always either hire your own lawyer or represent yourself.

The latter…although it is your right…is a bad idea.

That said, my list continues:

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6 Does The Lawyer Have Experience In The Type Of Allegations Of Which You Are Being Investigated Or Accused?

Many long-time criminal defense attorneys have handled most types of criminal matters. But you cannot assume that they have. You have to ask.

For example, there are some defense attorneys who only focus on one type of crime. They might be brilliant in handling drunk driving cases. However, would you want to take a chance on how they are going to do in representing you for drug trafficking or murder? How about if you are being investigated and the result of that investigation can change your life?

I didn’t think so.

7. Has The Attorney Brought Any Cases To Trial?

Most criminal cases, like civil cases, end up in a negotiated disposition. In other words, an agreement is reached (known as a “plea bargain”) prior to the matter going to trial.

That is not, however, always the case. Particularly if you are not guilty. Furthermore, even if your case does end prior to trial, trial experience is important to not only determine the chances of a favorable outcome should there be a trial, but will also put you in a better position to bargain.

You do not want to be in the position that you feel you have no choice but to “plead out” because your attorney is not prepared as a trial lawyer.

8. How Often Does The Lawyer Actually Go To Court? How Experienced Is He/She In Motions Practice?

Criminal cases do not end overnight. The road to their resolution is just as important as the trial or plea date on which the case ends. How the matter is handled during your trip down that road is critical in both evaluating the case and bringing it to a successful conclusion.

There are usually a number of motions that should be brought on your behalf long before any trial date. The most important such motions are motions for discovery, suppression of evidence and dismissal of the case. Not all of these motions, of course, are appropriate in every single case. You need experienced counsel to be able to ascertain the propriety of, draft and argue the motions.

A lawyer with little experience or who tries to manage the case from his or her favorite armchair in the office is not likely to be your best bet when it comes to this part of the case.

You want a lawyer who is comfortable and confident when it comes to being in court and fighting for your rights. This usually means someone who is used to being there and doing this on a very regular basis.
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In these various Attorney Sam’s Takes, we have discussed particular stories in the news as well as the realities of today’s criminal justice system. I have maintained (perhaps ad naseum) that one of the main reasons for this blog is to communicate the realities of the system to you who are not involved in it during your daily life. My hope is that if enough people come to realize the truth…maybe we can make some necessary changes before it is too late.

Speaking of it being “too late”, though, what happens when your world is shattered and it suddenly seems like it is “too late” to prevent either yourself or a loved one from being pulled feet-first into the criminal justice quagmire?

“Well, you have told us that too, Sam. Over and over and over, in fact. We want to get an experienced criminal defense attorney to help us.”

Yes, this is true. However, you are, to put it mildly, scared. Your freedom, future and life are on the line. Yet, somehow, you are supposed to make a decision now both quickly and deliberately. Your mind is whirling around with the bad possibilities that await you.

In this and my next posting, I will suggest some considerations that I hope will be helpful to you when approaching the decision of which attorney to retain.

1. When Should I Hire A Criminal Defense Attorney And Why?

Usually, if the question strikes you…it is time to, at least, consult a defense attorney. Perhaps you have been questioned by law enforcement or a supervisor at work. Perhaps there is a rumor that you are suspected of some kind of wrongdoing. You would be surprised by how little it takes for you to be at the wrong end of the finger of accusation.

Remember that whenever you retain counsel, you are already behind when compared to the other side. They already knows what information they have gathered and what they plan to do with it.

Even if you are a mere suspect, a good defense attorney can start gathering information, advise you and protect you to the extent possible for the upcoming fight. He/she may even be able to prevent the prosecution.

Many defense attorneys offer a free initial consultation. Take them up on that.
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Unhappy anniversary! Today is the anniversary of what is considered the greatest art theft in history.

Do you remember the 1990 theft of priceless paintings from Boston’s Isabella Stewart Gardner Museum? The Federal Bureau of Investigation (FBI) does. They are still working on the criminal investigation into the heist which took place 23 years ago today.

The missing paintings include three Rembrandts, a Vermeer, a portrait by Edouard Manet, and sketches by Renoir.

Law enforcement admits to being puzzled for years by the heist. Apparently, the robbers entered the museum and tied up two night watchmen in the early morning hours of March 18, 1990. After many investigative dead ends, officials say, the probe “accelerated” in 2010 and “crucial pieces of evidence” were developed identifying the robbers and their associates.

Today, the FBI has released word that they had identified the people who stole the masterworks in a daring heist from the museum. They apparently even know where the artworks had traveled in the years after the robbery. The only problem is that they do not know where the paintings are now and are appealing to the public for their help in finding them.

The appeal involves a Five Hundred Million Dollar reward.

“The FBI believes with a high degree of confidence in the years after the theft the art was transported to Connecticut and the Philadelphia region and some of the art was taken to Philadelphia where it was offered for sale by those responsible for the theft. With that confidence, we have identified the thieves, who are members of a criminal organization with a base in the mid-Atlantic states and New England,” Richard DesLauriers, special agent in charge of the Boston office of the FBI, said. He added that after the attempted sale of the paintings about a decade ago, the FBI do not know where the artworks were taken.

Officials said at the Boston news conference that they would not release the names of the individuals who masqueraded as police officers to gain entry in the early-morning robbery at the Gardner when the paintings were stolen. DesLauriers explained that because the investigation is continuing it would be “imprudent” to disclose their names or the name of the criminal organization. He said the probe was in its “final chapter.”

“I think we’re all optimistic that one day soon the paintings would be returned to their rightful place,” US Attorney Carmen Ortiz added.

In the meantime, the FBI says that it is continuing its search both in and beyond the Connecticut and Philadelphia areas and launching a public awareness campaign that would include a dedicated FBI website , video postings on FBI social media sites (see the bottom-listed FBI site), digital billboards, and a podcast. The FBI said anyone with information about the artwork can contact them at 1-800-CALL FBI or the museum directly or through a third party. Tips may also be submitted online at https://tips.fbi.gov, the FBI said.

DesLauriers said the Gardner heist had received extensive media coverage in the Boston area, but officials wanted to “widen the ‘aperture of awareness'” to reach more of the American public. The officials noted that a $5 million reward has been offered for information leading to the recovery of the paintings. Anthony Amore, the museum security chief, said that officials have reason to believe the paintings have changed hands several times.
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In my last blog, I indicated that I would discuss another issue brought up by the incident involving the moter vehicle case which took the life of a young child. In that matter, the Commonwealth alleges the mother-driver caused the fatal accident by fleeing from a more minor accident.

Meanwhile, a little further north, in New Hampshire, a gentleman has been sentenced in a matter which just about defines the power of bad judgment in certain lives.

Casey Fury, 26 (hereinafter, the “Defendant”) was a painter in May, 2012. One fine day he was working in a submarine. He wanted to leave work early.

The Defendant’s solution? Set fire to the submarine!

Officials say that the fire caused $450 million in damage to the USS Miami while it was dry docked for an overhaul at Portsmouth Naval Shipyard in Kittery.

Federal prosecutors say that the Defendant actually had involvement with two fire-type crimes. They claim that after the first fire, which injured five first responders as they battled the blaze for 12 hours in cramped quarters aboard the nuclear sub, the Defendant set a second (albeit smaller) fire three week later on the dock, and later, signaled a false alarm by pulling a fire alarm.
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As you probably know, criminal cases often resolve before trial. This is usually by way of a plea bargain. Often, at least the first offer made by the prosecution is not to the defendant’s liking. I have had many client turned to me and asked, “What do they want from me? Haven’t I suffered enough?” Much more often than not, I am able to change the offer to one everyone can live with.

That being said, I am reminded of another criminal justice conundrum. Sometimes, one suffers a tragedy of unspeakable proportions. Sometimes the person involved in such a tragedy also faces criminal charges for the tragedy.

Such is the case of a Worcester woman, Christina Castro (hereinafter, “the Defendant”), who was behind the wheel of her vehicle when it had a horrible accident. After pleading not guilty to a number of charges including vehicular homicide, she was held on $50,000 bail. Those injured, or killed, where her children. Killed was her three-year-old son.

According to law enforcement, The Defendant may have been driving more than 70 miles per hour when she allegedly fled the scene of a minor accident. It was then that the accident apparently happened. To make the accident worse, the children were not properly restrained in the car according to the police.

The result of the accident was that The Defendant’s five-year-old son suffered critical injuries while the Defendant and her five-year-old boy, both thrown out of the vehicle, sustained minor injuries. The three-year-old was killed

Attorney Sam’s Take On Human Suffering, Tragedy And The Justice System

You can almost hear the mother’s plea right now. “What on earth do they want from me? I have lost one child and injured it to others! Have I not suffered enough?”

And you can hear the prosecution answer, “apparently not.”
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I have long decried that many juvenile prosecutions are made of immature and stupid activities which have been long demonstrated by the young…yet, now turned into crimes. I have discussed within these postings how this change in policy has put our kids at greater risk than most people realize.

There are cases, however, in which the accused, although a child, would have been arrested and prosecuted at any time in the recognizable past. Such is the case of a certain 15-year-old boy from Attleboro.

The boy (hereinafter, the “Juvenile”) has been charged with very serious criminal charges. They include, according to law enforcement, allegations of attempted murder, home invasion, kidnapping, assault with intent to murder, intimidation of a witness, operating a motor vehicle without a license, and assault and battery upon a person over 60 thereby causing injury.
The event is said to have happened around 10:00pm on Wednesday night. According to law enforcement, the 63-year-old woman was unexpectedly confronted by the Juvenile inside her home on Cumberland Avenue. The Juvenile is said to have known the woman and also lives on Cumberland Avenue. Police allege that he attacked her and stabbed her multiple times in the neck and torso.

After this initial attack, the police say that the Juvenile took the woman against her will to a pond near the Seekonk line, where he dragged her from the car and attempted to drown her. After failing at that, the Juvenile allegedly then put the woman back in the car and drove her to a third location.
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Jonathan Castro Sala, 22 of Everett (hereinafter, the “Defendant”), has a date today in Chelsea District Court. It is his arraignment. For the charge of murder.

According to the Commonwealth, the defendant shot and killed another man on Blossom Street in Chelsea Tuesday night. He is said to have attacked a man in his 20’s (who’s name has not been released) at around 9 p.m. The man was rushed to Whidden Memorial Hospital, where he was pronounced dead.

According to the Suffolk County District Attorney’s office, the Defendant was arrested based on interviews with witnesses, physical evidence recovered at the shooting scene “and other information developed through the overnight hours.” A motive for the shooting has not been determined yet.

And so, with the Defendant in custody, the prosecutors are asking for anyone with information about that missing piece, and perhaps others, to come forward to supply it. They ask that someone who can help them build this case against the man in custody to contact Chelsea police at 617-466-4811 or State Police assigned to Conley’s office at 617-727-8817. Anonymous tips can be left at the Chelsea Police CrimeStoppers Tip Line at 617-466-4880 or through ChelseaPolice.com.

In the meantime, though, let’s look at this case as it stands right now.

Attorney Sam’s Take On Rushed Homicide Arrests

I find it interesting how little we regard incidentals such as liberty, stress and money when it comes to criminal justice.
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Well, the Massachusetts State Police may have made the arrests for an alleged conspiracy to distribute cocaine between New York and the Commonwealth…but the federal authorities are likely to investigate further.

It happened early this morning to a livery van that was coming from New York City and headed to Lawrence. The vehicle was stopped on Interstate Route 84 at about 5:40 a.m. Law enforcement claims that it seized a kilo of cocaine, more than $28,000 cash and three alleged drug traffickers during a “routine” traffic stop in Sturbridge.

According to the officers, the driver, Ferilyn Holguin, 27, of New York City, was arrested after troopers found he had a warrant for operating a motor vehicle without a license. They go on to claim that after the driver’s arrest, a trooper told one of the passengers, Romon Suero, 40, also of New York, to take the wheel. It was then that officers allege that Mr. Suero had a kilo of cocaine estimated at a street value of $24,000 “packaged in six heat sealed bags strung together and worn like a bandoleer” under his sweater.

The other passenger, Manuel Perez, 44, of Lawrence, was arrested on a warrant for operating without a license, state police said.

The officers then searched the van and say they found $28,050 in cash hidden in a black plastic bag.

Attorney Sam’s Take On Discoveries Of Narcotics During “Routine” Traffic Stops

Generally, these types of cases speed their way to the media by way of law enforcement. Here, the State Police released the statements. You have to wonder, though, at the lack of certain details in the story.

Details which those of us experienced in high level drug cases know to look for.
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We have recently discussed instances where people were arrested for drug trafficking and possession because the package containing some sinister compound was delivered to them and they accepted it.

I believe the last such example was the week of Valentine’s Day when someone received a cute little teddy bear with a not-so-cute amount of marihuana inside.

Well, today’s story shows kind of a flip side of that which suggests the word “arbitrary” associated with law enforcement.

Plymouth’s Maryangela Tobin (hereinafter, the “Plaintiff”) received a package that she thought was very nice. At first. The package originally appeared to be full of fun stuff for her young daughter. It was, after all, the girl’s birthday.

“There were candles, pixie sticks and peppermint, and something we thought was potpourri,” she said.

Guess what? It was not really potpourri! Apparently, the vacuum packed bags beneath contained several pounds of marijuana.
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On February 23rd’s Attorney Sam’s Take, I indicated at the end that I would entertain questions regarding the recent blogs in the multiple murder matter of James “Whitey” Bulger. As you may know, the trial is currently scheduled to begin this coming June.

Here are a few questions and some responses:

“Sam, you have been writing about the Bulger case perhaps more than any other case. Why?”

I think the Bulger matter is an important and fascinating case on many levels. As a result, I am watching the pretrial proceedings and reading what I can about it. Of course, one of the main reasons for this blog is to educate and expose the criminal justice system for what it is in hopes that folks may become motivated to make changes before it is too late. While the history of the case is interesting in its own right, I find the court activities particularly helpful in this regard.

In my opinion, this case seems to take what is ordinary and turns it on its head to make it extra-ordinary and vice-versa. This is not necessarily unusual in the trenches, but this is being played out on a large stage. Like the O.J. Simpson case before it, it could be an opportunity to show the system at its best. If it did that, it would uphold the beliefs and practices upon which the system is based. However, again like in the Simpson matter, that is not what we are doing. We are doing the opposite, thereby further convincing the onlooker that the system is mockery of those beliefs.
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