This has been a sad week for Massachusetts babies.

We began the week with the story about a 13-month old boy being found dead in the back of a van. Now, as the week comes to a close, news of a 3-year-old boy from Weymouth being found dead crosses our bow. This occurred yesterday after what is being called an accident occurring while he was napping according to the Commonwealth.

According to the local district attorney’s office, the death does not appear to be suspicious, although it is still under investigation. What the mysterious accident was has not yet been announced. All we are told is that there was an adult in the home and the child was taking a nap.

It is said that medical results in the case are expected to come in today. Apparently, said result will either close the investigation…or start it anew.

The question, of course, is what do these tragic stories have to do with you?

Attorney Sam’s Take On Massachusetts Criminal Investigations Into Tragic Accidents

A Child Is Found Dead. The very thought of it upsets all of us. It upsetsMassachusetts law enforcement too. After all, they see their job as protecting the innocent. What can be more innocent than a baby? So, I suppose it is not surprising that one of the first responses to such a tragedy is “who is to blame?”
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Well, the state court certainly wants your attention this week, doesn’t it?

Yesterday, the Boston Criminal Lawyer Blog discussed your receiving a summons to go to court for an arraignment. Today, it is not so bad…but it is certainly cause for concern. You have received a summons requiring you to appear before a Grand Jury.

We have discussed Grand Juries before. In order to get an indictment and move a criminal case from district court to superior court, the Commonwealth presents evidence before a room full of jurors called a “Grand Jury”. After presenting that evidence, the prosecutor asks the jurors to return a “true bill”, or an Indictment.

The Grand Jury then votes to either return the Indictment as requested or not to do so.

Are you wondering what the chances are that the prosecutor will get his or her request?

Attorney Sam’s Take On Massachusetts Grand Jury Summonses

There is an old addage that answers that query. It is that a prosecutor could indict a ham sandwhich if he tried. In other words, at least in Massachusetts, it is rare that a Grand Jury does not does not return the charges requested by the prosecutor.
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Your Cambridge work day is over and you return home. You are minding your own buisenss as you pick up the mail and bring it into your home.

You have received something from the Clerk’s Office in Suffolk County where you used to live. You open the envelope and find that you are being commanded to appear in court for something called an Arraignment.

You read further to find that Lisa Liar, your old flame, has claimed that you assaulted her last month. Further she says it was a Boston domestic violence incident.

Now what? Is it time to stand yourself against the wall and assume the position?

Not quite yet.

Attorney Sam’s Take On Massachusetts Criminal Summonses

No, your life is not over.

The summons that you have received indicates that a criminal complaint for Massachusetts assault has been issued against you. Yes, you need to show up for the arraignment. Yes, you have a criminal case pending against you But, no, all is not lost.
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Bridgewater’s Patricia A. Neville-Colp (hereianfter, the “Defendant”) is facing that issue right now. On Saturday night, the State Police say that she was involved in a car accident in Stoughton. They say that, due to her actions, two people are seriously injured and one person is dead.

The Defendant will be making her way today into the Massachusetts criminal justice system by way of Stoughton District Court. She is charged with the Stoughton homicide and driving under the influence of both alcohol and drugs. Apparently, she also had some drugs in the car when police arrested her.

Today on The Boston Criminal Lawyer Blog…when might you be charged with a MA motor vehicle crime as a result of an accident?

Attorney Sam’s Take On Automobile Accidents And Crimes

First of all, you have to understand that there are various types of automobile mishaps that can happen. Nearly all of them, under our usual definition of the word, are not intentional.

“So, isn’t that what makes the difference, Sam ? If it is intentional, then it is a crime, but if it is merely an accident, it is not a crime?”

Kinda-sorta, but it is not quite that simple.
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When the Boston Criminal Lawyer Blog left off on Tuesday, a child was looking at the entrance to the criminal justice system – the MA juvenile system.

There are many misconceptions about the juvenile justice system, just as there are about the adult system.

Unfortunately, the person who pays the price for these misconceptions is the juvenile.

That juvenile is also the one with the most to lose.

Attorney Sam’s Take On What Passes For Massachusetts Criminal Justice

The goal in the criminal justice system in general is, of course, to “do justice“. But, what does that mean? Most likely, if you ask 80 different people, you are likely to get 360 different answers. It depends on the individuals’ experiences and perspectives. However, over the years, we have culled together general beliefs on what Justice should mean in a court of law. We have spent a great deal of time discussing the realities on how that all works out in adult criminal court.
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As a result of a Saturday night incident, a Massachusetts juvenile and young adult will not be returning to school today.

One of the youths, a 16-year-old male(hereinafter, the “Defendant”) was arrested and charged with illegally carrying a Massachusetts firearm and ammunition. The matter is more than just another Boston gun possession case. The Boston Police Department became aware of the Defendant as they responded to a scene nearby in the South End after an 18-year-old male (hereinafter, the “Deceased”) had been fatally shot.

Law enforcement is unsure as to whether the Boston homicide and gun possession are related in any case. In fact, Boston Police spokesman James Kenneally said yesterday that no arrests have been made in connection with the homicide.

Clearly, the Boston criminal investigation continues.

What officials are ready to reveal is that the Defendant was among four folks in a gold-colored vehicle which officers stopped along Annunciation Road Saturday night about 1 mile from Tremont and West Brookline streets. It was at that location that police said they found the Deceased suffering from multiple gunshot wounds at about 7:20 p.m. Officers further indicated that the vehicle matched a description of a vehicle seen leaving the scene.

The occupants of the vehicle are said to have fled, during which chase the Defendant is alleged to have tossed the gun. The officers apprehended him…and the gun.

The Deceased was pronounced dead at Boston Medical Center.

A police officer seeking information from potential witnesses or those who knew the teen spoke with some of those who stopped at yesterday’s memorial.

Police urged anyone with information to call the homicide unit at 617-343-4470, or anonymously through the CrimeStoppers Tip Line at 1-800-494-TIPS.

Are you a youth? Do you have kids? Do you ever hang around with kids? Or people with guns?

You may want to read on, because there is something you should know.

Attorney Sam’s Take On Massachusetts Juveniles And Murder Cases

As an experienced Boston criminal lawyer, as well as a former New York prosecutor, I have been involved in my share of criminal investigations. It is axiomatic that the higher the profile of these matters the more pressure there is put on law enforcement to solve them.
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Today is Labor Day. I am a Boston Criminal Lawyer. It is what I do in my days of labor. And so it seems appropriate to post this blog today, rather than this past Friday. Call it rationalization if you wish, but today we tackle the question to which I referred on Thursday. What if you are dissatisfied with your criminal defense attorney? Are you stuck?

Unlike most of the questions we pose in this daily blog, there is a simple one-word answer to this question. The answer is “no“.

There are, however, some things you should keep in mind.

Attorney Sam’s Take On What You Want In An Experienced Criminal Defense Attorney

There are a number if things to keep in mind if you are looking to switch counsel in an ongoing criminal case. One is the timing of the switch.

“I know… because if you change too deeply in, you will anger the prosecutor or the judge, right?”

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This has been a pretty bad week for you as far as the Boston Criminal Lawyer Blog is concerned. Earlier in the week, you were facing two trials. Yesterday, you were arrested.

The news is good and bad today. The good news is that you have not been arrested after all. The bad news is that you have learned that there is a Massachusetts warrant out for your arrest.

Similar to the issues discussed yesterday, there are general factors when it comes to arrest warrants which are the same whether the underlying accusations are for a Tewksbury home invasion, a Mattapan gun possession or a Swampscott drug case.

However, with such a warrant, law enforcement can pick you up any place and any time and place you in custody. There will not be any issue of bail until you find yourself in front of a judge, who must then vacate the warrant. Then, there will likely be a Massachusetts bail hearing to decide where you will be staying for the next several months (at least).

There is a simple two-word answer to the question of what to do when you find out about the warrant. Namely, “Get Counsel“!

On the other hand, if you are a daily reader of this blog, you know that every few situations in criminal justice can be summed up in two words.

Attorney Sam’s Take On MA Arrest Warrants

Massachusetts arrest warrants are usually issued when one of two things have happened. One is that, whether you knew it or not, there was a criminal investigation taking place in your name. The Commonwealth has decided to charge you with one or more crimes. The purpose of the warrant is to have you picked up and brought in before the court. In custody. Once there, the lawyers can argue under what conditions you might be released.
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The Boston Criminal Lawyer Blog has been warning you it could happen.

It has suddenly happened…and it was the last thing you expected. You (or a loved one) have been arrested.

You came home tonight after work and, just as you were sitting down to eat, you received company at your door. The company was dressed in blue. They had a colorful car with a pretty red light on top of it.

They told you that they were there to arrest you.

You first thought it was a joke. But then you noticed that they did not seem like the humorous type.

And then they produced the Commonwealth Bracelets of Shame.

And off you went downtown, trying to remember what you had heard about the realities of Massachusetts bail hearings.

Attorney Sam’s Take On Getting Arrested In Massachusetts

Whether you like it or not, it is not terribly difficult to get arrested these days in Massachusetts.

Yes, of course, you could take the easy road and actually commit a crime. However, you could also have angered the wrong person. You could have made a momentary error of judgment. There could be, simply put, simply a mistake being made.

The point is…what do you do when it happens?
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Here is where we left off on yesterday’s (once again daily) Boston Criminal Lawyer Blog…

You are facing going to trial for charges of Roxbury Cocaine trafficking and for Assault and Battery in a domestic violence case.

You have reviewed in your mind the various evidence that could potentially be produced against you although you are, for the most part, innocent of the charges (the exception being possession of the cocaine for personal use…a much lesser charge than the Massachusetts felony charges facing you).

You have always believed that evidentiary rules which prevent the government from producing evidence against the accused were merely tools of sneaky defense lawyers used to free guilty clients. You do not believe yourself guilty. You are now ready to reconsider.

Realizing that you could go to jail on either one of these cases, you have asked your attorney what your chances at winning are. His annoying answer was that it
“depends”.

Hey, thanks a lot..

Attorney Sam’s Take On Getting Beyond “It Depends”

Well, I do not know who your attorney, nor his experience level. However, This experienced Boston criminal lawyer will review the evidence in this case and apply the associated rules.
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