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Earlier this week, Attorney Sam’s Take began a discussion about facing criminal charges for shoplifting. Allegations of shoplifting still confuse some people. They wonder whether it is the type of charge for which the accused is likely to face jail time. Others figure that shoplifting is known to be a crime of desperation and so charges for it are likely to be instantly dismissed.

Well, as you have no doubt learned from this daily criminal law blog, it depends. Every case is different. However, it would be a mistake to assume that a charge of shoplifting is likely to be instantly dismissed because it is a crime of “desperation”.

The old idea of a starving man stealing a loaf of bread to feed his poor family is no longer they typical case of shoplifting. More often, it is the theft of certain clothing, jewelry or electronics. Further, many such cases are not particularly spontaneous. Often, trickery with receipts and returns are involved. They all fall under the same heading of “larceny“. Shoplifting is but a sub-category of such theft crimes.

The criminal statutes involved divide the severity of the crime by how much is stolen. Steal something worth very little and it is hard to imagine your facing jail time. Steal something very valuable, or do it several times, and you may well be facing jail time.

That is not the whole story of what you are facing, however.
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…So what are your plans for this Thanksgiving? Going to hit the road? Maybe do a little celebrating?

Well, you might want to keep in mind that, despite the holiday, the Massachusetts General Laws remain in effect.

Some people seem to have forgotten.

Let’s look at the rules of the road and motor vehicle crimes.

Take the plight of 27-year-old Michael Thompson of Fall River for instance. Mr. Thompson was out for a drive last night. It did not go terribly well.

You see, according to authorities, Berkley police noticed him and believed him to be driving erratically and too fast. So they decided to pull him over.

He did not pull over.

And the chase was on. The high-speed police chase reached speeds of 90 miles per hour and went through seven towns including Taunton, Lakeville, Freetown, New Bedford and Dartmouth. It ended in Westport.
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Shoplifting is another of those misunderstood crimes. In Massachusetts, it is certainly considered a crime…and a crime that prosecutors are happy to prosecute.

There are, however, some realities, positive ones this time, of which you may or may not be aware. An experienced criminal law attorney would be though. As usual, the first thing you should do upon being accused is to get yourself one of those.

In the meantime, allow Attorney Sam’s Take to tell you a little about it.

In most cases, shoplifting cases are misdemeanor cases. Often, if you are not actually arrested, you will receive a summons which gives you notice of a Clerk Magistrate’s hearing that is to be held in your honor. The first thing to do is retain the appropriate lawyer.

“Sam, are you sure about that? I mean, when I was served the summons, I asked the officer if I needed a lawyer and she said ‘no’ “

That is not a surprise. Police officers are not generally big fans of criminal defense attorneys. They tend to think that the legal system would churn much more smoothly without us.

“So, the officer was lying to me?”

No, technically, she is correct. You are not required to have a lawyer at a clerk’s hearing. In fact, there is no requirement to even show up for the hearing.

Of course, before you make such decisions, you might want to consider what a clerk’s hearing is for.
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On Thursday night, there was a talent show at Mount Ida College in Newton. The real blockbuster apparently happened after the show. It was a large brawl involving more than 100 people. Of all those people, some of which were issued summonses, only one gentleman was arrested.

That would be the gent accused of assaulting a police officer.

You see, law enforcement arrived at the Dedham Street school at 10:40 p.m. and found people fighting outside of Carlson Hall, according to Officer Eric Rosenbaum. Newton police, when realizing what they were faced with, requested assistance from the State Police as well as local officers from Boston, Brookline, and Waltham. A State Police K-9 unit was also used to disperse the crowd.

According to Officer Rosenbaum, the melee started after a talent show which was, ironically enough, sponsored by the college’s Office of Diversity and Inclusion, he said. “It looks like it all stemmed from something that happened there,” he reported.

The one man arrested for assault and battery on a police officer has been identified as Randy Carius, 21, of Mattapan (hereinafter, the “Defendant”). While not placed under arrest, three other men were given summonses for disorderly conduct. They included an 18-year-old from Boston, a 21-year-old from Florida, and a 22-year-old from Connecticut, according to the officer.

Police were unsure whether any of the four men were Mount Ida students,

Officers used pepper spray on one person, but there were no real injuries, according to Officer Rosenbaum. The police remained on the scene throughout the night and into the morning hours.

The school’s officials said the school is investigating the incident.

“We are working closely with local law enforcement and are taking immediate action, including suspending students who were involved, pending further disciplinary proceedings,” the administration said. “Mount Ida College has a zero-tolerance policy towards violence of any kind as the safety of our students is paramount.”

Attorney Sam’s Take on Assault Cases Both On And Off Campus

We have discussed campus crimes several times in this daily blog.

Often, schools will take action against students who allegedly break the law whether it took place on or off campus. However, if it took place on campus, the chances are greater that there will be severe repercussions.
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As promised, Attorney Sam’s Take continues this week’s discussion about what you should do if you find out that you have been accused of a Massachusetts sexual assault.

Obviously, the first thing you should do is retain experienced counsel to advise and represent you in the matter. I think I have pretty much exhausted most of the reasons why this is so important.

However, let’s assume that you have not yet been able to do so. What if the first you are hearing about the allegation is the investigator showing up at your door, or on your telephone, seeking to question you about it. You are stunned. You are not sure what to do. The calm officer is smiling and inviting you to give “your side” of the story. He even acts like he is likely to believe you.

The first inclination is to answer all your questions, either truthfully or not. My advise is to not do so until getting the services of a lawyer. However, if the investigator insists on saying a couple of things about the matter, it is ok to listen, not talk, to him. It may be some decent information you can bring to the lawyer. However, the trick is to not react.

“Why can’t I react?”

Because while you are trying to find out information from the investigator, she is trying to read you. And…you must assume…she is better trained at doing so.

Let’s say that you are told that some unnamed party has indicated that you sexually assaulted her.
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Lowell’s Neil Sylvester, 43, is a modern-day Vincent Van Gogh. No, I do not know whether or not he is an artist of any kind. I was referring to the story in which Van Gogh cut off his ear and sent it to a woman as a token of his love. Mr. Sylvester did something similar. It did not repair his relationship. It got him a new last name. The name of the “Defendant“.

You see, the Defendant has been indicted and arraigned for charges including stalking, stalking in violation of a restraining order, assault and battery, assault and battery with a dangerous weapon, kidnapping, four counts of violating a restraining order and three counts of witness intimidation.

His latest action in the ill-fated romance? He took out the two steel rods that had been surgically implanted in his hand and sent them to his lady-love “as a token of his love” according to law enforcement.

The rods themselves had a bit of a history. They were implanted after he had punched a courthouse wall. He was in the courthouse because his ex-girlfriend was slapping him with a restraining order. According to Middlesex District Attorney Gerard Leone Jr., the restraining order was in response to several months of domestic violence.

Mr. Leone praised the woman for coming forward. He claimed that the Defendant ” violently abused a female victim for several months and what is especially troubling is that he continued this abusive behavior from behind bars,..We commend the victim for coming forward to reveal this defendant’s ongoing abuse, despite her fear of retribution by (the Defendant)”, he announced. He continued with, “In coming forward, she enabled us to investigate and charge (the Defendant) with further crimes of intimidation and violation of the restraining order. We understand that there are a variety of reasons why a victim may be hesitant to disclose abuse and we continue work with victims to remove the barriers against disclosure and empower them to access ways to break the cycle of violence.”

At the arraignment, prosecutors outlined the history of the Defendant and his ex. They said that the two had dated previously, during which time the Defendant “verbally, physically, and emotionally abused” her. The alleged abuse culminated in January when she tried to break the relationship off, according to authorities. The Defendant, prosecutors said, “became violent and punched the victim in the face and grabbed her by the throat. He allegedly held a knife to her throat and threatened to kill her,” while holding her hostage in their apartment.
Following his arrest for that, and upon learning the woman had obtained a restraining order against him, prosecutors said the Defendant fractured his hand punching a wall in Lowell District Court. He required surgery and the steel rods to repair the damage.
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In my experience, this is the type of criminal allegation about which it is the hardest to “remain silent” about. Despite how many times these daily Attorney Sam’s Take blogs warn you to volunteer no statements to law enforcement before consulting experienced counsel, that advice seems to fly out of suspects’ heads as soon as the allegation flies in.

Perhaps it is the nature of the allegation. Maybe it is because the accusation of sexual assault is so inflammatory that even an acquittal often cannot undo the damage the mere allegation can bring upon your life. Even so, it is critical to remain as calm as possible when faced with such an allegation.

You might be surprised to think of all the ways such an allegation could come down the pike to obliterate life as you knew it. First of all, of course, you could have sexually assaulted someone. That will often bring the accusation. However, there are countless of other ways it might come.

Perhaps you had sexual relations with someone that was, you thought, consensual. Maybe it was not so consensual or it became not consensual retroactively after he or she had the chance to think about it. Perhaps you were both drunk and, after sobering up, or suddenly remembering a romantic partner, your rendezvous suddenly needed some explaining. Perhaps you had no romantic interlude, but slipped and accidently touched someone rather sensitive in a rather sensitive place. Maybe it was misinterpreted. Believe it or not, maybe there was no touching whatsoever that actually happened, but someone who wanted vengeance for some other reason decided to bring an allegation that you touched him or her.

The allegations could actually have nothing to do with romance or sex. Perhaps, for some other reason, you had occasion to touch someone in a sensitive place. Perhaps it was a child who was staying at your home. Perhaps there was the need to help change that child or give that child medicine in a manner other than orally. If the medication was given vaginally or through the rectum, that could be considered a rape.

So, the point is, however the accusation came about, what can you do about it? You know you cannot prove a negative. However, many people feel that if they simply “open up” to investigators, whether they be DCF or law enforcement, they will convince the investigator that their “truth” is the real truth. This is especially true when the investigator smiles, explains that they are only seeking the truth and feel they just need to get “your side of the story”. Then, once you give your thoughts about how you are innocent, they follow up with the catch-all non-answerable question, “Well, why do you think they would say this happened, if it did not happen?”
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This Sunday, the Chelsea Police Department had occasion to come to the aid of a suffering Venezuelan man. Well, sort of.

It seems the man, 40-year-old Luis Sanabria-Morales (hereinafter, the “Defendant”) was found at the Wynham Boston Chelsea Hotel to be suffering from a potential overdose in a room which was supposed to be vacated that day.

The police came to the scene and found the Defendant. They then transported him to Whidden Hospital in Everett where he remains hospitalized…but also under arrest. You see, while treating him, the Defendant was allegedly found to have swallowed balloons or condoms that had been filled with heroin.

Some of these packages have been recovered, but there is belief that more may still be in his system. So…to some extent…it is a waiting game.

The local district attorney’s office tells us that “Condoms are used as a holding device. He could have used a combination” of condoms and balloons. The spokesperson also added that both ways are commonly used to conceal drugs.

Finally, the prosecutor’s office has announced that there was enough heroin for Sanabria-Morales to be charged with drug trafficking.

Attorney Sam’s Take On Issues Of Proof In Drug Cases

Believe it or not, this is not an unusual way to transport drugs. As such, it is no longer unsuspected by law enforcement . Of course, it is also not the safest way to transport the drugs. Sometimes the condom breaks. When that happens it is often a race for law enforcement in what happens next…the arrest or the death of the carrier.

Such a race was apparently present in this case.
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Not all crimes are about physical injury to people. Some, like malicious destruction of property, have to do with physical injury to things. In fact, said injury does not even have to be permanent.

Take the crime of defacing property with graffiti, for example. It may surprise you to know that, in general, such crimes are actually prosecuted. It will probably not surprise you, though, to learn that certain graffiti will bring prosecution.

And not simply for the “tagging” of the property either.

Such graffiti can actually be considered harassment. It can also be considered a Massachusetts hate crime.

Take recent developments at Wheaton College, in Norton, where a criminal investigation is currently ongoing. Authorities are investigating anti-Semitic graffiti found morning on a residence for Jewish students.

According to school President Ronald A. Crutcher, “Crude and hateful graffiti” was found on the back door of the Jewish Life House at 17 Howard Street. Students at the house have reported being targeted before, including derogatory remarks shouted from the street as recently as Friday evening.
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Well, Attorney Sam’s Take gave the short answer to that question yesterday. The first thing I suggest you do is consult experienced counsel. This will most likely be a criminal defense attorney.

We have discussed how the restraining order came into being. We left off looking at your chance to defend yourself (hopefully with your attorney). Approximately ten days has passed since you were served. What is coming now is your opportunity to have the restraining order lifted.

“Sam, if I really want nothing to do with the complainant, why should I care?”

Because even in situations in which you want no contact with the complainant, there are still repercussions to having a permanent restraining order issued against you. Understand that it will go on your CORI. It is not a criminal case, but it certainly does not look too good there. It gives a certain flavor to your past or present that you do not need. For example, if you are looking for certain employment which requires a high security clearance or contact with children, the restraining order will be considered a “red flag”. Second, if you are ever accused of a crime, the authorities will run your CORI and see it. They will interpret this as a sign of a violent past. Lastly, the restraining order puts you in a rather sensitive position when it comes to the complainant. Should that person pick up the phone at some point and allege that you tried to have any contact with him/her, you will be arrested for violating the restraining order. That type of charge is taken quite seriously.

“So, what is going to happen at this upcoming hearing?”

Understand that the odds are not in your favor. These orders are given away quite liberally as described yesterday. One thing that you will want to have your attorney do is get a copy of the affidavit the complainant had to file in order to get the temporary restraining order. This will prepare you somewhat for the specifics of the allegations.

Unfortunately, the complainant is not going to be limited in what he/she says at the upcoming hearing by what was written in the affidavit. New allegations can be added right there at the upcoming hearing.
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