February 27, 2018

MA Among the Tightest Gun Control Regimes in the Nation

With its strict gun laws, Massachusetts has one of the lowest gun-related death rates in the country. In 2014, MA tightened its restrictions even more, providing law enforcement with increased discretion to deny gun permits to “unsuitable” individuals. MA also has strict regulations about assault weapons and has long been part of a nationwide effort to prevent individuals who are deemed mentally ill from obtaining guns. In fact, according to Guns & Ammo magazine, MA has the third tightest gun control regime in the nation.

Gun control has been center stage in recent years, with mass shootings occurring across the country annually. A massacre committed by one man with automatic weapons in Las Vegas last year resulted in the death of dozens, and most recently, a deadly school shooting at a high school in Parkland, Florida has brought the debate between gun control and gun rights activists to a head.

Statistics show that states with stricter gun laws do have fewer gun deaths. In fact, firearm-related deaths in MA are 70 percent less than the national average. Further, many of the guns used in crimes in MA come from other states, including a significant percentage from Georgia and Florida.

Stiffer Penalties to Come?

Due to the increase in concern about mass shootings in the U.S., punishment for crimes involving guns is likely to keep getting stricter. If you were arrested on a gun charge, it is absolutely essential to obtain highly-skilled legal representation without delay. A Boston gun crimes defense attorney can help you determine how to proceed if you’ve been charged with any type of firearms offense.

Current Penalties for Common Gun Crimes

There are many criminal offenses associated with gun possession. Below are some of the most common charges:

Carrying a dangerous weapon: If you are found with a firearm in your vehicle but don’t have a permit, you may be charged with this crime. Other offenses that fall under this category include being in possession of a machine gun, sawed-off shotgun, brass knuckles, throwing stars, or nunchucks. The penalty for carrying a dangerous weapon is up to two-and-a-half years in prison.
Committing a felony while in possession of a firearm: If you have a gun on you while in commission of a felony, there is a mandatory minimum sentence of five years imprisonment for a first offense. For a second or subsequent offense, you will be facing a minimum of 20 years in prison. The mandatory minimum sentence will be in addition to the sentence for the underlying felony.
Carrying a loaded gun while intoxicated or under the influence of drugs: If you are found to be under the influence of drugs or alcohol while in possession of a loaded firearm, having a permit will not protect you from being charged. The penalty for this offense is up to two-and-a-half years in prison and a fine of up to $5,000.

A MA criminal defense attorney can help you protect your rights if you’ve been charged with any type of firearms offense. Continue reading

February 26, 2018

ROXBURY MAN VIDEOTAPES BOSTON POLICE OFFICER’S MISCONDUCT; DEPARTMENT DETERMINING DAMAGE CONTROL (Part One Of Three)

by Samuel Goldberg

If you know any judges, politicians or members of law enforcement, I beg you to bring the next few blogs to their attention. Perhaps, to the extent that they do not understand a fatal-yet-ignored issue in the Massachusetts criminal justice system, this will wake them up.

Oh yeah…all the rest of you civilians out there should read them too. After all, you are the truest victims of it.

Looking at the local news this past weekend made me feel like I had fallen into some kind of a time-warp and woke up in Deja-vu Land.

The news of our “leaders” in criminal justice seem to be in the same places and saying the same things as before…only the names and dates seem to have changed. it is perpetual Groundhog Day. Nevertheless, as criminal defense lawyers like me make the clarion call of corrupted prosecutions, unless we have instant fool-proof and court-admitted evidence…ye ol’ “smoking gun”…we are treated like Chicken Little yelling in vain that the sky is falling.

Well, keep it up, my superiors, and it will.

Let’s look at story one of our little mini-series.

February 23, 2018

WHAT ARE YOUR EXPECTATIONS OF YOUR BOSTON CRIMINAL DEFENSE LAWYER?

by Samuel Goldberg

There are a number of areas in which attorneys and their clients come to disagreements. After all, in most cases, being the party in a criminal or civil law suit, particularly as a defendant, is a high stress endeavor.

Over the years, we have discussed a number of these areas such as lack of communication, the thought that the attorney is not knowledgeable or simply has the bedside manner of a venomous snake.

We have also discussed the fact that some folks have a different view of reality than the rest of us. Sometimes communication can improve this.

Sometimes not.

Many clients present with challenges which pre-date the issues in an ongoing legal action. Take veterans, for example. Many vets have had to survive living through whist can only be regarded as Hell. How do they do it?

I was discussing’s this with a colleague, Attorney Sarah J. Briones a lawyer whom I greatly respect earlier today. She observed that sometimes, in order to survive, military personnel have to learn to shut out certain aspects of what the rest of us might consider reality. This is not to say they are insane or anything like that, but the perspective they have had to adopt in order to survive might not work during events like lawsuits, prosecutions or divorce.

Unfortunately, this is part of the price they pay in their service to the country and the rest of us. More unfortunate is that, while we pay some lip service of appreciation to them, we fail to understand and take into account this different perspective. We fail to help them truly adjust.

the results re often unfortunate.

Once that happens, they find themselves in an arena in which even people who never had the military experience fail to truly understand. I have said before that, as attorneys, it is part of our job to help the clients through their little path through criminal law odyssey.

I thought that it might help to address what types of expectations folks seem to have of their newly acquired experienced attorney.

Attorney Sam’s Take On Expectations Of Lawyers

When you hire a physician, you expect a certain degree of expertise. However, most folks realize that, good as the doctor might be, he or she is probably not a wizard or witch. There are limits as to what the doctor can do.

The same is true with attorneys, no matter how experienced he or she is. There are various rules, procedures and laws which govern a great deal of what we do. Many of these may be seen as unfair by you. Fair or unfair, however, they must be dealt with as realities.

Because they are realities.

“But, Sam, we hire you to work around those rules. For example, I am sure you have represented clients who were guilty as charged before. They pay you to try to ‘get them off’.

Yes, but the surrounding details of the procedure do not change. In other words, I cannot say, “Judge, my client is not guilty. We don’t need a trial. He told me he is not guilty. That’s good enough. Dismiss the case.”

“No, but you try to suppress evidence and such.”

February 21, 2018

MAN BREAKS INTO HOME AND EXPOSES HIMSELF IN CHILD’S ROOM

by Samuel Goldberg

Well, 28-year-old Miles Anderson (hereinafter, the “Defendant”) is in criminal court type trouble.

Police in New Hampshire say that he has been accused of breaking into a home, taking off his clothes, and assaulting a sleeping child.

Law enforcement says that the Defendant entered the Concord home shortly after 4 a.m. Monday. He made his way into the child’s bedroom and disrobed. Police say he then assaulted the child, who was able to run away and alert family members.

Another man who lives in the house was able to restrain the Defendant while other household members called the police.

According to Boston.com, the Defendant was arrested on charges of burglary, indecent exposure, and simple assault

Attorney Sam’s Take On What You Think This Means

Most folks will look at these facts and assume that the Defendant forced himself into a home, found a child sleeping and sexually assaulted her.

This would be inconsistent with the charges that are now pending. I should advise you that this is a New Hampshire case. Although the criminal laws tend to be similar, I offer this proviso that I am writing about this as if it were a Massachusetts case.

February 20, 2018

AN EXPERIENCED BOSTON CRIMINAL DEFENSE LAWYER GIVES AN EXAMPLE OF HOW AN UNFORTUNATE STATEMENT CAN LOCK YOU UP

by Samuel Goldberg

I heard a story this weekend that I just had to pass on to you. It illustrates something we have been talking about in an unusual way.

The police were called to an apartment. The report was that there had been a murder. Sure enough, when the police got to the apartment, there was a dead body.

In the kitchen.

Also in the kitchen was a gentleman (hereinafter, “Cookie”) who was cooking macaroni and cheese apparently nonplussed by the dead body on the floor.

The officers asked Cookie who had called the police. Cookie said that he had.

“Well, who is the guy on the floor?”

“Don’t know.”

“You don’t know the dead body lying in your kitchen is?”

Nope. Never seen him before.”

About a minute or so went by as the officers wondered what to do next. Meanwhile, Cookie continued to cook.

February 16, 2018

“IF I AM ARRESTED IN MASSACHUSETTS, WILL MY NAME BE IN THE PAPER?”

by Samuel Goldberg

Yesterday, we discussed an item posted on Boston.com , about a driver who was busy videotaping his car hit 100-miles-an-hour when he was stopped by law enforcement. The unnamed driver, hereinafter, the “Defendant”, was apparently not arrested although he did give a full confession.

The story made me a little curious and so I tried to find an update to it, since the event actually took place in 2013. I was unable to find an update. I was also not able to find his name.

This reminded me of another issue that often surprises people. The question of when a criminal defendant’s name is or is not released to the public.

Let’s look at that question.

Attorney Sam’s Take On Public Disclosure Of Criminal Defendant’s Identities, Addresses And Allegations

In the United States, there is great freedom of the press. On the other hand, a criminal defendant also has a great many rights…at least theoretically.

After all, a criminal defendant, unless and until convicted, is assumed innocent.

On the other hand, as I have opined in the past, the defendant may be presumed innocent…but he is assumed guilty by most folks both in and out of the system.

“So how does it play out?”

In most cases, the media gets to print out the news of the case. This means printing the name, age and address at the very least. Routinely, the local papers print this information when anyone is arrested. Sometimes even if the case does not result in an actual arrest.

Many cases are similarly reported when the case is arraigned. Clerks and law enforcement regularly give this information to the press. In fact, they often know about an arraignment or some other court date before even the Parties know.

One exception to this is juveniles. Juvenile defendants’ are not published in the paper. It may be that the driver in the story was a juvenile.

Sometimes, the media will figure that a particular case is of particular interest. In such situations, reporters, and sometimes cameras, will show up in and out of the courtroom to film and report on what is going on. In such cases, this will follow the case until completion.

Usually, I find that there is particular interest in the beginning of a case as well as when the case ends…especially if it ends with a conviction.

“But, Sam, can’t that effect how the case is handled?”

February 15, 2018

CRIMINAL DEFENDANT GETS LUCKY IN MASSACHUSETTS AUTOMOBILE CRIMES

by Samuel Goldberg

Interestingly, Boston.com Has on the front page of its website this little story. The story is actually from 2013 according to the byline, but it is really too good a story to pass up.

In my last two postings, we spoke about defendants who make statements to law enforcement. This is a tale about a gent who, not only apparently made a full confession to the officers, but went so far as to make sure they had enough evidence to convict him of any Massachusetts motor vehicle crimes.

Must be one of those “law and order” types…kinda sorta.

Norwood police say that they stopped the unnamed gentleman (hereinafter, the “Defendant”) during a particular driving spree. The spree included driving more than 100 miles per hour in a 45-mile-per-hour zone on busy Route 1 on a Friday night.

The Defendant was pulled over at around 10 p.m. . He is said to have told police that he knew he was being pulled over for speeding and that he was going “at least a buck’’ (a/k/a100 miles per hour).

He apparently also explained that he was using one hand to drive and one hand to capture video of his speedometer to show how fast his car could go to potential buyers

February 14, 2018

“IF THE POLICE DON’T TELL ME MY ‘MIRANDA RIGHTS’, WILL MY CASE BE DISMISSED?”

by Samuel Goldberg

About 14000 years ago, I was a prosecutor in Brooklyn, New York. The last bureau in which I worked was the Homicide Bureau.

The first case that I brought to trial was a drug-deal-gone-sour matter in which the defendant was alleged to have stabbed the deceased. While there was no physical evidence or eye witnesses that pointed to him, and he had no prior record, there was but one particular piece of evidence against him.

He made a statement.

To him, it must have seemed a good idea at the time. He thought he was exonerating himself, or at least, making the killing accidental. You see, he had used a very small knife during the incident. Who could know that such a little thing could actually kill a man?

Well, I suppose we all do….now.

The defense brought a motion to suppress the statement. The motion failed.

The jury trial ended with a relatively quick conviction.

Attorney Sam’s Take On The Reality Of Statements

As I mentioned yesterday, the issue of making statements is an interesting one. Many people still do not understand it. I often have clients who tell me that the police did not inform them of their Miranda Rights, and so the case must be “thrown out”.

Sorry, it is not that simple.

February 13, 2018

MASSACHUSETTS DEFENDANT FACES CHARGES OF GUNS, DRUGS, MONEY AND LIES

by Samuel Goldberg

Here is a piece of the basic advice that perhaps I don’t stress enough. Maybe it is my fault that a certain Gentleman from Springfield is in so much trouble.

Arquelio Cajigas, 45 years of age and hereinafter the “Defendant”, is currently being held on $250,000 bail after pleading not guilty to various charges including heroin possession and illegal possession of a gun.

Well, that’s not too and given the fact that the prosecutors asked for $500,000 bail saying that he is a “career drug dealer.”

The Defendant’s bail request was apparently for $25,000 bail, saying his client is of limited means and cooperated fully in the police investigation.

In fact, said “cooperation” did not support the argument of limited means. In fact, the Defendant apparently told law enforcement that he lives in a shelter.

According to the Boston Herald, the police say that they found approximately $35,000 and a 9 mm handgun Tuesday in one of the apartments. At another apartment, detectives say they found 816 grams of uncut heroin, enough for 80,000 bags with a street value of $400,000 to $800,000.

These values tend to be unsupportive of a poverty argument.

It is not clear at this point what links the Defendant to these two apartments. However, the allegations as they are give us fodder to discuss the point to which I allude as well as a couple other tidbits of information.

Attorney Sam’s Take On Drugs, Guns And Statements To Law Enforcement

I have explained many times that it is usually unwise for a suspect to make statements to the police as he or she is facing arrest. I have explained the reasons for this several times and, I am sure, will do so again.

Not today, though.

February 9, 2018

Are Ignition Interlock Always Accurate?

by Altman & Altman

In MA, any driver who has been granted a hardship license or is eligible for license reinstatement after an OUI is required to have an ignition interlock device (IID) installed in their vehicle. An IID is connected to your car’s ignition. To start the engine, you must first blow into the device, “passing” a breath test. If the IID registers any alcohol on your breath, the car will not start. The driver must also blow into the device periodically while operating the vehicle.

Many states now require IIDs under certain circumstances. In MA, you must have an IID installed in your vehicle if you are eligible for a hardship license after two or more convictions for OUI, and if you are eligible for reinstatement after two or more OUI convictions. In both cases, the IID must remain in your vehicle for at least two years. A MA OUI defense attorney can help you protect your rights if you’ve been charged with OUI.

Are IIDs Always Accurate?

An IID works much like a breathalyzer, which measures a person’s blood alcohol concentration (BAC) if stopped for OUI. IIDs work using either semi-conductors or fuel cell technology, although there is quite a bit of controversy over the accuracy of those that use semi-conductors. That being said, all IIDs can produce false positives.

Once the negative breath test is registered, the vehicle’s engine will start. However, the driver will be required to periodically pull over to perform another breath test in order to keep the vehicle moving. This is to prevent drivers from starting the vehicle sober and then opening a beer – or several – as they drive. If these periodic tests (called rolling tests) are not performed, your vehicle’s engine will shut off.

What is My IID Recording?

The IID also records information about your driving habits and test results. The IID will record anytime:

you have a measurable BAC,
you attempt to start the car without taking the test,
you refuse to take the rolling test,
you fail the rolling test, or
you tamper with or disconnect the IID,

as well as:

the distance your vehicle has traveled, and
the number of times you stopped or started your vehicle.

The Cost of an IID

Although total cost varies, installation and maintenance may set you back by up to $2,000 annually. Here is a general breakdown:

Installation: a minimum of $100
Monthly maintenance fee: up to $80
Monthly rental fee: up to $100

There are also additional fees for things such as obtaining restricted license classification and removing that classification once you have completed the program.

Participation in the IID program can be time consuming as well. You will need to schedule regular appointments during which the recorded information will be retrieved and the system will be recalibrated. And if your IID malfunctions or “locks up,” you will need to take it in for maintenance. A Boston OUI defense attorney can help you determine how to proceed if you’ve been charged with OUI. Continue reading