Roslindale Man Is Charged With Leaving The Scene Of An Accident And Vehicular Homicide In Boston – Attorney Sam’s Take

A Roslindale man has allegedly learned a criminal justice lesson on the topic of hit-and-run accidents. Namely, you can hit. You can run. But you cannot hide.

Colin Ratiu, 23 (hereinafter, the “Defendant”) is the=is unfortunate driver according to the Commonwealth . He was arraigned in court yesterday after pleading “not guilty” to charges of leaving the scene of an accident after causing death, and motor vehicle homicide by negligent operation.

The accident happened in November. The Defendant was using someone else’s car and is said to have explained the damage on the vehicle by saying that when he had swerved to avoid a skunk, he ended up hitting...”something”.

In fact, what the car actually struck was a 24-year-old Northeastern University graduate driving home in a scooter. The scooter was thrown about 150 feet. The graduate was killed.

“He then proceeded to drive away without stopping,’’ the prosecutor told the judge yesterday.

Homicide detectives began the investigation immediately, but it was not until 89 days after the accident that an anonymous tip led them to the car that had allegedly been driven by the Defendant that fateful night. The damage on the vehicle was consistent with what they were looking for. Upon questioning, the vehicle’s owner told the detectives about the Defendant and his skunk story.

When the police went to question the Defendant, he is reported to have said, “I have a lawyer, and I don’t want to talk about it.’’

In court, the defense did not address the allegations, but pointed out that members of the Defendant’s family were in court (showing strong community ties) and that the Defendant had had no prior criminal record and had not left the state and answered to police when he knew they were looking for him.

Bail was set at $7,500 cash.

Over my years as an experienced Boston criminal defense attorney, I have been contacted by various frightened people who seem to be exploring the idea of sitting back and ignoring the fact that the police or prosecutors are investigating them. My advice to them is generally the same as what I tell you. Get an experienced defense attorney involved as soon as possible. When you do, you can at least tell the police that you are only too happy to speak to them, but they have to get the green light from your attorney first.

This way, if no statement is given, it is the defense attorney who is the bad guy, not you.

Please note the difference between “go through my attorney, but I have nothing to hide” and “I have a lawyer, so get lost.”

Anyway, many of these calls from either people with outstanding arrest warrants or who have been involved in some kind of accident…and then kept going.

Often, these individuals figure that if the police have not already come banging down their door, then they are probably home free and so do not need any help.

This is generally a mistake.

First of all, as you can see from this story, the investigation does not stop simply because the driver is not yet caught.

Second, in most cases, particularly if there is damage on the vehicle, the more you wait the worse it will be. Every case is different, of course. However, if you contact the police, at least you can take some of the sting out of the leaving the scene. Perhaps you did not know you hit something until you got out of your car and saw the damage.

“But, Sam, what if you do not know if it was a car bumper or a living person you hit?”

It really does not matter in terms of leaving the scene. It is illegal whether a person was injured or killed or if it was simply property damage that was the result.

“What if you can tell that, at worse, it was a little scratch you may have left behind?”

It does not matter. The law indicates that any damage, “however slight” counts. You see, once you leave the scene, the damage is not really the issue anymore. It is the fact that you left the scene.

And, yes….the Commonwealth takes these cases quite seriously, even if the damage was slight.

So, if only to minimize damage to your liberty, it is best to get an experienced criminal defense attorney involved as soon as possible.

If you would like it discuss such a matter with me, please feel free to call me to arrange a free initial consultation at 617-492-3000.

To view the original story, please go to : http://www.boston.com/news/local/massachusetts/articles/2011/02/15/suspect_is__held_in__fatal_nov__hit_run/?p1=Local_Links

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A Boston Criminal Defense Lawyer Discuses Changes In MA Parole System Due To Homicide Of Woburn Police Officer- Attorney Sam’s Take

If you heard a cacophony of crashing noises yesterday from the direction of Boston’s Beacon Hill, it was the sound of Massachusetts governor Deval Patrick , along with a certain Parole Board, caving in to public ridicule and political pressure.

As you have heard time and time again, the now-infamous Massachusetts Parole Board released a repeat violent offender in 2008. Of course, it was not the first time that this has happened. However, this time, said offender , in 2010, was involved in a robbery to which the late police officer John Maguire responded. There was a gunfight and the officer, as well as the offender, were killed. Since that time, amongst various reports of unexplained police shootings of suspects and non-suspects, a state-wide hand-wringing has been occurring.

Naturally, in 2011, tragedy must be someone’s fault. Someone living’s fault. Thus, it was the Parole Board’s fault.

At first, Governor Patrick had the gall to be a leader and indicate before rushing to judgment and demanding the Parole Board’s heads on a stick, that perhaps we should concentrate on the victims, then gather all the evidence and then decide fault.

Well, so much for that kind of nonsense.

Governor Patrick has now announced “sweeping changes” at the Massachusetts Parole Board. The political broomstick has swept out, for example, the five Parole Board members at issue (through their own resignations, of course).

Said sweeping also includes a moratorium to remain in place on executive sessions for high-risk offenders, he said. The governor also promised to file legislation calling, among other things, for tougher sentencing for repeat offenders and greater truth in sentencing. According to press accounts, Governor Patrick wants paroles of repeat violent offenders to stop until the Parole Board can demonstrate an ability to oversee their release.

Patrick also said at the news conference he was appointing Josh Wall, first assistant district attorney in Suffolk County, as the interim executive director of the board. He also said he had nominated Wall to the board and intended to appoint him chairman.

During my many years as an experienced Boston criminal defense attorney , I have had many dealings with assistant district attorney Wall. He is an experienced prosecutor and, as the late Jerry Williams would say, “Not a bad guy”.

He is, of course a seasoned prosecutor which means he is well indoctrinated to that point of view. I suppose that’s ok…the assumption at parole is, after all, that the potential parolee “did it”.

The problem is when the governor, who should know better, succumbs to the weight of political expediency. Statements like no paroles should be allowed until the Parole Board can guarantee that it can oversee all parolees is a command not rooted in reality and he knows it.

Parole cannot guarantee that. Not enough resources.

One might as well say that nobody will be placed on probation any longer because the Department of Probation cannot guarantee adequate oversight. Anyone in the system will tell you that, actually, they can’t if they are honest.

I wonder if, given the above-referenced police shootings and beatings, whether we should hold off on giving police officers weapons until we can guarantee that they are all fit and properly supervised. Ahh, but now I am talking crazy...!

Again, in a system where we try to cure everything by criminal sentences and prison terms, it is not possible. There are not enough resources and there will be less tomorrow. Raise taxes for it? Come on…you know better than that.

On the other hand, the governor claims he wants better “truth in sentencing”:. Actually, we have that. A sentence of 10 years, for example, means that you will basically serve 10 years. However, “life sentences” which sound so good ‘n tough cannot actually always mean life. First of all, it would not be appropriate for all those who receive such sentences. Further, again, we would not have the resources to keep all of them in for life. Finally, take away all hope of freedom and all such prisoners would have nothing to lose by their conduct. In short, an already inadequate and, n my view dangerous, correctional system will become more out of control.

On the other hand, such “tough talk sounds mighty good when you say it fast, doesn’t it? True, it might trample on a few felons’’ rights, but, after all, they are criminals, so we don’t really care about their rights.

Nor the problems the resulting anger, bitterness and realization that the “Justice System” is anything but that in the “big house” will bring.

At least, for now.

Until the whole system shuts down.

But we can continue to play our word games until then, can’t we?

In the meantime, if you want to cut down on the odds of your becoming one of these “human beings turned statistics” after being accused of a crime, you want a criminal defense attorney with experience. If you want that attorney to be me, If you would like that attorney to be me, please feel to call me to arrange a free initial consultation at 617-492-3000.

Have a great, safe and law-abiding weekend!

To view the original story, and charming photograph about which parts of this blog were based, please go to : http://www.boston.com/news/local/breaking_news/2011/01/governor_announ_2.html?p1=News_links

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Former Massachusetts Police Chief Not Guilty in Gun Homicide Of Child-Attorney Sam’s Take

Today is the first holiday in quite a while that former Pelham Police Chief Edward Fleury (hereinafter, the “Ex-Defendant”) can breathe freely. The cloud of criminal allegations which has surroundied him since 2008 has finally lifted. He was finally acquitted of homicide charges in the tragic death of the late young Christopher Bizilj.

The Ex-Defendant’s firearms training company co-sponsored an annual Machine Gun Shoot and Firearms Expo at the Westfield Sportsman's Club, about 10 miles west of Springfield. Young Christopher’s dad brought the 8-year-old to the event. In doing so, he also signed a waiver acknowledging the risks and absolving anyone else of liability should something bad occur.

Something very bad did.

The boy was shooting a 9 mm micro Uzi at some pumpkins, when the gun kicked back and shot him in the head. The Ex-Defendant was not present in the area in which this took place, although the father and other personnel were.

Prosecutor William Bennett told the Springfield jury that the ExDefendant was criminally reckless in running the event because he allowed children to illegally shoot machine guns under the supervision of a firing range officer who was 15 at the time and didn't have a firearms license or certification.

The accident was shown, via graphic videotape, to the jury during the course of the trial.

The defense denied the allegations and blamed the boy's father, an emergency room physician, for allowing Christopher and his then-11-year-old brother to shoot such a dangerous weapon.

Neither the father nor the teenage range officer were charged.

The jury returned its verdict on its first full day of deliberations. They acquitted the Ex-Defendant of the involuntary manslaughter as well as three charges of furnishing machine guns to minors.

I have dealt with countless gun crimes in my quarter century experience in the criminal justice system. I have often told you that when a tragic accident happens, we always seem to need somebody to blame. Nowhere is this more true than with gun travesties like this one.

Fortunately for the Ex-Defendant, the jury was able to see beyond that need...maybe. The defense, of course, seemingly accepted that somebody may have to be to blame and pointed to the father. While perhaps distasteful to many, one would imagine that he was a more likely candidate than the Ex-Defendant.

Of course, I would not wave any victory flags for either the Ex-Defendant or the father. I doubt either is celebrating right now. A little boy is dead and you may be assured that this case has haunted and will continue to haunt the Ex-Defendant for a long time to come. As for the father...one can only imagine the turmoil he is in. I would venture to say that there is nothing any criminal justice system could do to him that is worse than what he is already doing to himself.

This case, however, may not end here. There is likely to be a civil law suit brought by the family against the Ex-Defendant and others (there are, by the way, others who were charged criminally and are awaiting trial).

“But, Sam...there was a waiver signed. How could the Ex-Defendant be charged or sued?”

First of all, a waiver cannot bar criminal prosecution. It is, if anything, an agreement between the father and the Ex-Defendant. While it is supposed to shield , in this case the Ex-Defendant and the company, that may make it hard for the father to prevail at trial, but there is alot of time and money between the initiation and trial of a civil lawsuit. In other words, it may be more expedient to settle. Further, there area are always legal arguments to make to discount the waiver.

If you are dealing with a civil lawsuit, you should get experienced civil litigation attorneys. Might I suggest the good folks at Altman & Altman, LLP?

If you are dealing with a potential criminal action, you want to have experienced counsel in that realm.

If you would like that to be me, , please feel free to call me to arrange a free initial consultation at 617-492-3000.

In the meantime, take a moment or two to think warm thoughts in the memory of a true American hero, Martin Luther King, Jr.

For the original story upon which today’s blog is based, please go to http://www.boston.com/news/local/breaking_news/2011/01/gun_fair_organi.html

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Mattapan Man Seeks Driving License After Six OUI and One Vehicular Homicide Convictions- Attorney Sam’s Take

We take today’s blog from the “You’ve Gotta Be Kidding Me” section of the news. It involves a man who clearly picked the wrong time to attempt to get back his Massachusetts driver’s license.

One would imagine that even without the pending Parole debacle claiming the front page every day , that Algary Horton, 53, of Mattapan (hereinafter, the “Nondriver”) would still be refused.

You see, the Nondriver does not have the greatest driving record. He has been convicted six times for drunk driving for example. Oh yes, and there was that time, in 1993, when he killed a woman on one of those allegedly drunken drivers and then fled the scene.

The Nondriver does get points for consistency, however. He was convicted of OUI in 1979, 1987, 1989, 1993, 1998 and 2004, authorities said.

In the 1993 case, interestingly not his last, the Nondriver was also found guilty of vehicular homicide when his vehicle veered off Park Street in Dorchester, plowing into a 38-year-old woman. She, a mother of three, was sent flying into the air while her children and friends looked on in horror. The Nondriver drove on.

In that case, he was sentenced to 12 to 15 years in prison. Somehow, however, he was back behind the wheel and driving (although without a valid license) for the occasions of his 1998, 2003 and 2004 arrests, authorities said.

Meanwhile, not to be deterred, the Nondriver continues to appeal and fight for his privilege to drive to be returned to him.

Don’t think he hasn’t been busy while carless, mind you. Apparently, he also has three pending assault cases in Dorchester District Court, court officials confirmed

He’s probably no longer a threat.

As a Boston-based drunk driving defense attorney of many years, I have seen some very odd results of cases…and their aftermaths.

The pending plight of the Nondriver and his nonlicense is not as shocking to me as it probably is to you. For anyone in this man’s position to try to get his license back, particularly when the recent Parole Board fiasco is still playing out is to be living in another universe. Had he given the situation some more thought, perhaps he would realize that if, at this time, he was given his license back, whoever made such a decision would likely be drawn and quartered.

However, there is an interesting question here. How many of these convictions were plea bargains and how many were trials?

“Sam, why on Earth should that matter?”

Sometimes there is a snowball effect. Sometimes, when one is facing trial and potential jail time, one pleads guilty in order to avoid the risk. Believe it or not, innocent people do this as well as guilty people.

Why might they do this? Well, for many, jail is a pretty scary possibility. Further, they might find themselves with an attorney in whom they have little faith. Perhaps the attorney is exuding the vibes of “Omigod, we’re gonna lose! We’re gonna lose!”

And so, in panic, they plead guilty.

Pleading guilty sometimes makes sense under such circumstances. Sometimes, however, it does not. Particularly in certain cases, where one’s future in job potential, immigration consequences or ability to drive may be in jeopardy.

Then, at the next case, the prior conviction-by-way-of-plea is considered and the odds for either acquittal or more consideration become worse.

How best to avoid such a catastrophe? Retain and experienced criminal defense attorney who has handled matters like yours. Also, make sure it is someone in whom you have faith. That way, you know whether you can believe what he or she is telling you.

Before the moment of panic.

If you want to contact me to discuss such a case, please feel to call me to arrange a free initial consultation at 617-492-3000.

To view the original story, and charming photograph about which parts of this blog were based, please go to : http://news.bostonherald.com/news/regional/view/20110115man_in_fatal_oui_loses_bid_to_regain_license/ and http://news.bostonherald.com/news/regional/view/20110114despite_6_ouis_including_one_fatal_man_wants_license_back/

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