Don’t turn yourself in


You get a letter in the mail; it states that you won free Red Sox tickets.  The letter gives you a place, date and time to redeem your tickets.  You show up and you are arrested because of an outstanding warrant.  You learn a very important lesson, don’t turn yourself in.  If you have an active warrant, a lucky day of winning tickets can get you into handcuffs.

Law enforcement has gotten better at tracking down people with warrants over the years.  If a person has an active warrant, the police are allowed to arrest the person when the see them.  During raids, car stops and searches police will look to see if a person has an active warrant that would require the person to be arrested.

In recent years, many police stations have decided to make their lives easier by getting people with warrants to turn themselves in.  The police departments will usually come up with a fake contest telling the person with the warrant to redeem their prize at a certain location.  When the person with the warrant shows up to redeem their prize, they are taking into custody. 

It is amazing the amount of people the police end up taking into custody through these fake contests.  If you have an active warrant and get a letter in the mail about winning a contest it is important not to try to redeem the prize.  If you do follow the instructions of the contests, the only prize you’ll get is a night in a jail cell.  

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Advertisements

Tough not to get caught-crimes that weren’t so smart. Part IV


As if the exploding dye packet story wasn’t enough, this story will really make you think and scratch your head.  Saving the best for last, here is the fourth and final story.  

 Story number 4: Going to get my drugs back

The story starts with a pretty common situation.  The police arrest 3 individuals for having a large amount of marijuana at that place.  The three individuals and the marijuana are brought down to the police station.

 A friend of the 3 people arrested comes down to the station to bail them out.  The friend who is trying to bail out the three people arrested starts arguing with the police.  The friend angrily tells the police that the marijuana belongs to him and that he wants it back. 

 The police ask the friend several questions regarding the drugs.  The friend tells the police where the marijuana was placed in the house and how it was packaged.  At the end of the conversation, the friend was placed into custody.  It is hard to believe that this would ever happen, but it does.  So there it is four unbelievable yet true stories.  Until next time when I come across more, or when I remember those I have forgotten. 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Tough not to get caught-crimes that weren’t so smart. Part III


 Last week’s story was about a bank robber that didn’t take traffic into consideration to say the least. This week’s bank robber story gets caught because of an explosive situation.

Story number 3: heated argument leads to exploding dye packs A bank robber goes into a bank and demands money from the teller. The teller hands the suspect several stacks of money, with one of the stacks containing an exploding dye packet. The suspect takes the money and leaves. Unlike the story from last week, this suspect was wearing disguise and the police is having a difficult time to identify the suspect. The bank tellers didn’t get a good look at the suspect and reviewing the cameras don’t lead to a better description.

Everything is looking pretty good for the suspect so far as he really hasn’t given to police too much to work with. The suspect has a girlfriend and about a week later they are together. During this time, the suspect has used some of his stolen money, but hasn’t used any money from the stack that contains the dye pack.

The suspect’s girlfriend wants to go to the bank, so the suspect drives her and is planning to wait for her in the car. The suspect and his girlfriend arrive at the bank and park in the lot. While in the parking lot the suspect and his girlfriend get into an argument about money. The girlfriend has no idea that the suspect has robbed a bank. However, she does know that the suspect has some money in the bag in the back seat.

The argument escalates and the girlfriend runs out of the car and decides to bring the bag of money with her. The suspect knowing that the money is stolen, quickly runs after her. Both of them start fighting over the bag while they are inside the bank. As they tug at the bag and money the dye packet suddenly explodes. They are both arrested by the police and the girlfriend is later released.

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Disgusting drug stories, don’t get into them or it may lead you to one of these places


We have all heard it before, drugs are bad.  Well, it isn’t easy for most people to grasp exactly how bad they really are.  I am not here to preach, but here are a few gross drug user stories I have come across my travels.

I have always found it odd how people can insert a needle into their arm while using heroin.  Seeing that most people are afraid of needles, how can someone constantly volunteer their arm to that torture?  From my travels I have heard that heroin is usually the drug of last resort.

It runs cheaper than other drugs and works quicker.  However, the downsides are huge.  The using of unclean and shared needles have many people contracting different diseases.  A lot of drug users will have hepatitis, HIV, and other horrible diseases.  In one of the worse cases I have seen, a girl had sores all over her body including her face.  Everyday, the sores would bleed and she would look like a bloody pulp.

I hear that Meth users take the drug and rub it across their gums.  As the drug comes in contact with the gum line, it starts rotting the teeth out from the roots.  As a result, a meth user’s teeth will fall out.

Finally, heroin is truly a horrible drug.  Aside from the diseases and bloody sores that come from that, some users will do anything to continue their habit.  One probation officer said that many users will go to extremes to hide their habits from authorities.  Many people will insert the needle between their toes to hide the marks that the needles make.  Females have been known to stick the needle underneath their finger nails then put on nail polish.  Finally, one of the worst stories I have heard, is that of a man who inserted heroin into his own male body part because that was the only good vein left on his body.

As I have heard one person say, the best thing is to never try drugs.  You may like it too much that one time and it may be impossible to stop.

Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

 

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information:

http://www.drugabuse.gov/infofacts/treatmeth.html

http://www.adcare.com/

http://www.theagapecenter.com/Treatment-Centers/Massachusetts.htm

http://www.recoveryconnection.org/find_drug_rehab/Massachusetts.php

http://www.treatment-centers.net/treatment-directory/massachusetts.html



For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

How an air bag can assist prosecutors in a vehicular homicide?


All cars with airbags have a crash data recorder (hereinafter CDR) or an electronic data recorder.  The CDR is not a car’s version of a black box in an airplane.  A black box in an airplane is designed to record the entire plane’s systems data when the crash occurs.  The black box is not designed to control any safety systems on an airplane. 

The primary purpose of the CDR is to trigger airbags to protect the people in the car.  Essentially, the CDR evaluates information relative to the car’s operation and figures out whether it should deploy the airbags. 

 However, the CDR also has a secondary purpose.  The CDR can record data up to 5 seconds.  The data the CDR may have include up to eight different things:

  1. Deployment or non-deployment of airbags
  2. Speed of vehicle
  3. Throttle position
  4. Brake light status
  5. Seatbelt lamp status
  6. Engine RPM
  7. Number of ignition cycles at deployment
  8. Change in velocity of vehicle at impact

The information can be retrieved by certified technicians through the car’s data link.  This is not always possible depending on the damage from the accident. 

The car will activate the CDR when the car reaches certain combined conditions.  The CDR takes in account many factors, two being the speed of the car and the change in velocity.  When certain conditions are reached the CDR will deploy the airbags. 

As you can imagine, the speed, the change and velocity of a car among the other 6 areas of data the CDR could have can assist the prosecution in compiling a case.  For example, say if the prosecution had a theory that the defendant was involved with illegal street racing that lead to the death of a pedestrian.  Now if the CDR shows that prior to impact the defendant’s car was traveling at well over 100 mph, it would help in proving the prosecution’s theory of the case.   The airbag may be an effective device to save a life, but could also be used as an effective tool in a legal case. 

Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information:

http://www.harristechnical.com/cdr.htm

http://www.accidentreconstruction.com/research/edr/index.asp

http://www.iihs.org/research/qanda/edr.html

http://www.njlawman.com/news/event-data-recorder.htm

http://www.crashforensics.com/automobiledatarecorders.cfm

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Assault and Battery Cases used a weapon in divorce court


A lot people nowadays are being charged with assault and battery. Sometimes, the alleged victim in an assault and battery case is using it as a weapon in divorce court or probate court. Unfortunately, this problem is not one that can be easily corrected.

Typically, the alleged victim calls the police and the defendant gets arrested. If the defendant does not make bail at the jail, then the defendant will usually be brought in the next available court date. This means that if the defendant is arrested on Friday night, doesn’t make bail and there is a long weekend, the earliest the defendant can get out of jail is Tuesday.

While the defendant is still waiting to be arraigned, the alleged victim may take this opportunity to go to probate court for emergency orders. It is pretty common to have a defendant get released and then find out that he or she has lost custody and has a restraining order to stay away.

This is not to say there are not true victims that only go to the probate court after an incident happens to gain custody of the children. However, there is also a certain population of people out there that seek to have a person arrested just so they can gain an advantage in divorce court.

As stated earlier, this problem is not one that can be easily corrected. The problem is that certain people call the police and make false allegations to gain an advantage; however, it is very difficult for the police to determine if people are telling the truth. Therefore, it is very important to protect yourself at all times and be prepared when false allegations may be brought against you.

Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information: False charges http://lawprofessors.typepad.com/crimprof_blog/2005/05/more_phony_crim.html

http://chat.lawinfo.com/any_penalties_attorneys-t22938/index.html?p=46971

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

My girlfriend is not looking to press charges


 A person is charged with domestic assault and battery. In a domestic assault and battery, the defendant has an existing relationship with the alleged victim. Domestic assault and batteries most commonly happen between people in married or dating relationships. A person can also be charged with domestic assault and battery on their family member. Whether the assault and battery is characterized as domestic or not the maximum penalty is the same.

When most people get charged with domestic assault and battery they believe that the alleged victim is pressing the charges. As a result, they also believe that if the alleged victim isn’t pursuing the charges, the charges will be dismissed. In actuality, the charges usually came about because the police file application for criminal complaint. The clerk issued the complaint. And now the district attorney’s office is prosecuting the charges. The district attorney office is the entity that is prosecuting the charges and not the alleged victim.

Though the district attorney’s office may take the alleged victim’s wishes into consideration, the prosecution have to do what an allege victim wants. District attorneys around the country are increasing their pursuit in these types of cases. It is becoming much more difficult to resolve these cases even if the alleged victims want them dismissed.

Assault and battery charges are serious and many defendants are being wrongfully accused of these crimes. If you are charged with an assault and battery case, expect it to take at least a few cases even if the alleged victim wants the case dismissed.

Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan 

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information regarding domestic violence and help MA laws about domestic violence

http://www.lawlib.state.ma.us/subject/about/domviolence.html

Help for domestic violence victims http://www.janedoe.org/ Executive Office for Sexual and Domestic Violence http://www.mass.gov/?pageID=eopssubtopic&L=4&sid=Eeops&L0=Home&L1=Crime+Prevention+%26+Personal+Safety&L2=Personal+Safety&L3=Sexual+and+Domestic+Violence

Resources for Domestic Violence and Abuse

http://www.mass.gov/?pageID=mg2subtopic&L=4&L0=Home&L1=Resident&L2=Family&L3=Domestic+Violence+%26+Abuse&sid=massgov2

Women’s Law

http://www.womenslaw.org/gethelp_state.php?state_code=MA

Counseling and Education to Stop Domestic Violence

http://www.emergedv.com/

Domestic Violence Unit

http://aspe.hhs.gov/hsp/cyp/dv/pt4.htm

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

To plead or not to plead?


This is perhaps one of the most critical decisions on any criminal case. Last week, we talked about why a person would take a plea bargain. This week we aer going to talk about some factors one should consider in making the decision on whether to take a plea bargain.

First of all, a person should never agree to a plea bargain without the help of a defense attorney. This decision will remain with you for the rest of your life and it makes no sense to try to make it without a trained professional. It is fine to look information up on the web and read this blog to be better informed. However, if you need a new transmission for your car, would you do it yourself after reading information about it online?

Alright, so that being said, here is an incomplete list of things one should consider prior to pleading to a case. The potential penalties of the charges are one thing that should be considered by any defendant. One should be aware of what the maximum and potential consequences of the charges verses what the prosecution is offering for a plea bargain.

Another factor that people should consider is the evidence. People should look at what the prosecution has for evidence and how strength of that evidence. This isn’t something that is easy to assess. Most people believe certain aspects of a case are helpful when it isn’t, while others mistakenly believe other parts of a case are useless. This is where an experience attorney can shine and really be helpful to your case.

Finally, people should also consider the collateral consequences to a plea. Some of these consequences include license suspension, immigration issues, loss of financial aid, employment issues, providing DNA samples, GPS monitoring and needing to register as a sex offender. Today, plea bargains are becoming increasingly common, as fewer cases are going to trial. The decision to plead to a case verses demanding a trial is an important decision that shouldn’t be made alone.

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Why do people take plea bargains?


 In a plea bargain, essentially the defendant agrees to admit the charges and to receive a certain type of punishment. The punishment itself can vary from a fine, to probation and finally incarceration.

There are certain advantages to pleas that can’t all be covered in this post. However, I will try to cover a few main reasons why defendants decide to plead. First, a defendant will usually get a better deal pleading to a case before trial than if the defendant was found guilty after trial. It is common for the prosecution to recommend probation before trial, but jail time if the person is found guilty at trial. Therefore, many defendants may want to take a plea deal before trial to avoid jail time.

Second, the prosecution may be dismissing some charges in exchange of the defendant agreeing to a plea bargain. There are certain charges that have mandatory jail sentences. That means if you are charged with one of these crimes and convicted at trial, the judge can only sentence you to jail for that specific period of time. In order to avoid serving a minimum mandatory jail sentence a defendant may agree to a plea bargain.

Third, the defendant may just want the case to be over. I hear this all the time and try hard to convince a person not to plead to a case just to get the case over with. Once you plead to a case, it is very difficult to change the result. There are certain situations the case can be reopened, but it is becoming increasingly difficult. Court cases take time and people get impatient. Therefore, some people plead to cases just because they want to get the done. This is an awful reason to plead to a case and one should be careful about pleading just to resolve a case.

Finally, pleading to a case is serious business. It isn’t like impulsively going out to buy something that you can’t afford from the store and deciding to return it the next day. The criminal process is much more difficult and you can’t return a plea based solely on buyer’s remorse.

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Bully Beware


Even before the criminal bully statute was enacted, one DA office charged a bunch of teens for bully.  The alleged facts that surround the case are tragic and it ended with several teens being charged.  This case itself is quite interesting in the respect that it is the first time that teens are charged for this type of crime. 

 In the past and currently, there are intense debates regarding responsibility and ways to stop bullying.  Now, for the first time, teens are criminally charged for the bullying actions they committed on another individual.  This case is also interesting because it occurred prior to the new bullying law being enacted.  For the most part, it is unconstitutional to prosecute an individual based on a law that wasn’t in effect at the time of the offense.  As a result, the teens charged cannot be charged under the new bullying statute. 

There are still a lot of different types of charges one can be in violation of by bullying another individual.  One example is a person could be violation of the criminal harassment statute.  The harassment statute is not specific for bullying situations, but the elements of the crime usually fit.  In order to prove harassment, the state needs to show that the conduct happened more than once.  Bullying usually happens over a period of time and that usually isn’t much of an obstacle for the state. 

It will be very interesting to see what the defendants end up receiving as a punishment in this case.  This is unchartered territory and this case can be an example for others to take up similar prosecutions.  It is will also be interesting to see if these types of prosecutions will end the type of behavior that results in irreversible harm to victims.  Whatever the result of this case, hopefully the prosecutions of them will end the type of victimizing behavior instead of continuing to hinder school children. 

Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information:
Fox News on teen bullying

http://www.foxnews.com/us/2010/03/29/charged-bullying-massachusetts-teen-killed/

 Boston Globe on teen charged for bullying

http://www.boston.com/news/local/massachusetts/articles/2010/03/30/da_charges_9_teens_faults_school_officials_in_s_hadley_bullying_case/

 NY times on 6 charged for bullying

http://www.nytimes.com/2010/03/30/us/30bully.html

 MA Anti-bullying bill

http://www.masslive.com/news/index.ssf/2010/03/mass_senate_approves_anti-bull.html

 MA senate anti-bullying bill

http://www.bullypolice.org/ma_law.html

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!