Don’t consent to search of your car or person


Police need to have a good reason to search your car or your person.  If the police have a valid search warrant then they are allowed to search the areas that are specified in the warrant.  However, in most searches of cars and people, police don’t have a warrant because they don’t have time to get a warrant. 

If the police search a person or car without a warrant, they need a legally recognized reason to search.  If the police don’t have a legitimate reason to search, then the court may end up suppressing the evidence that was found. 

The most important thing that a suspected person can do is not to consent to any search.  A lot of people will consent to a search of their person or car because they believe they have no other choice.  What is even more astounding is that many people will consent to the search knowing that there are illegal materials in the car or on their person.

Once a person gives consent, it helps the police greatly.  When a person consents to being searched, the police no longer need a legitimate reason to search.  The police are allowed to search because the person has consented.   The police do not need to warn the suspect that he has the right to refuse to be searched.  The lesson is never consent to a search.  If the police find evidence so be it.  Don’t take away your own rights by consenting to the search and taking away your opportunity to force the police to justify their warrantless search. 

For More Information Please visit http://www.attorneychan.com or contact me at 508-808-8902

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Search of cell phone text messages without a warrant


A person has a constitutional right against unreasonable search and seizures.  Essentially every person has a right to privacy under the US constitution.  Now the right to privacy is reduced when a person is arrested or under other circumstances. 

Under these rules, police can’t randomly search people to look for drugs or evidence linking them to crimes.  Police need a legitimate reason to search a person or a warrant.  When a person is arrested, police are allowed to do an inventory of the person’s belongings.  This inventory search may lead to the discovery of illegal materials such as weapons or drugs. 

With the new world of technology, courts across the United States are trying to determine the use of warrantless search on technology.  In California, a court ruled that the police don’t need to obtain a warrant to search the text messages of a suspected drug dealer. 

In the 2007 case, the Defendant was arrested by the police on suspicion of drug dealing.  When the Defendant was arrested the police officer took the suspect’s phone out of his pocket and read the text messages without a warrant.  The court ruled that the police didn’t violate the Defendant’s constitutional right. 

States differ on this subject.  The Ohio Supreme Court ruled that arrested suspects phones can’t be searched without a warrant.  This issue is long from being resolved and may end up being reviewed and ruled on by the US Supreme Court.  Until then, it will be interesting to see how the states rule on this subject and other constitutional issues surrounding technology. 

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

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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

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Owing the court money or community service could land you in jail


People don’t like court.  Most people want to get their criminal cases done as soon as possible.  As a result, many people are not paying attention to the judge.  Unfortunately, the clerk will reduce into writing the judge’s orders onto the docket (court’s paperwork). 

 A lot of pleas end up in court fines or community service.  Usually, the judge will allow a certain amount of time for the court fines to be paid or community service to be completed.  If the money or community service is paid by a certain date, the defendant usually doesn’t need to show up to court.  However, if the money isn’t paid or community service isn’t completed, the person needs to show up to court to address the situation. 

 If a person fails to show up to court to address the failure to pay or completion of community service, a warrant will be issued for the person’s arrest.  To add to the person’s problems, the court adds extra fees for removing a warrant. 

 Usually, a person won’t be sent to jail for failure to pay court fees or completing community service.  Most judges will give the person another chance to make good on their promise.  However, if the fines or community service have lagged in the court system for some time, judges have locked up people.  If a person is locked up for failure to pay a court fine, the person will usually get credit for about $30 a day.  Meaning if a person owes a $300 fine, the person would be sitting in jail for 10 days.  So the next time you owe the court a fine or community service, make sure you get it done or else you could end up in jail one day. 

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

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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

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Tis the season to be road blocks


Summer is here and the weather is going to be great. The Fourth of July makes a wonderful long weekend for everyone. As you go to cookouts and barbecues this weekend, alcohol is a staple for celebration. Just keep in mind that police are out in full force and be prepared for road blocks.

When road blocks are set up, police usually come out in full force. You will usually see several police officers with their flashing cruisers at a road block. The officers at the start of the road block stop traffic and make sure cars are going into the road block in an orderly fashion. These officers also look out for any cars that are trying to turn around and escape detection. If these officers see anyone trying to run, they will usually call for an officer that is sitting in a cruiser to chase the fleeing vehicle.

Other officers stop cars at random, usually every 4th or 5th car and talk to the operator. If the officer stopping cars detect that the operator may be over the limit, the officer then waives the suspected driver to an area for further testing. Cars sent to further testing will find other officers that will ask the suspect several questions and perform field sobriety tests. Finally, there are usually many other police officers assisting in arresting people and securing the area.

If you do see a road block don’t run. By the time you see the road block, the officer in the front of the set up will have seen you. If you run, a cruiser would be sent to stop you. Also let’s face it, if you believe you are under the influence, running away will only make the situation more dangerous. So enjoy your Fourth, but be mindful of those road blocks. Just in case, you may want to put my number in your phone 508-808-8902.

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.eagletribune.com/local/x546151264/Police-roadblocks-legal-but-some-question-effectiveness

http://www.patriotledger.com/news/cops_and_courts/x1880507907/Memorial-Day-roadblocks

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

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A horrible rape of Bunny story in Chelsea


Before you read this story, please beware that it is a horrible story and may be too much for most people. This is a real story that happened in Chelsea MA.

The story starts with a female who owned a rabbit and the defendant was her roommate. The female kept her rabbit in the kitchen in a cage. One day when she came home she saw the defendant quickly throw the rabbit in the cage and ran back into his room.

The female started to look around and noticed that the rabbit wasn’t acting right and she started to look around the apartment. In the bathroom she found blood and fur and immediately decided to call the police.

When the police arrived the defendant had already jumped out of the window and ran away from the scene. The defendant was captured and later charged with bestiality and cruelty against animals. The female brought her rabbit to the vet and had pictures taken of her pet.

Later the defendant was convicted of cruelty against animals and closed this extremely weird case once and for all. The rabbit did go on to live a while longer, however, it has died of natural causes since.

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.bostonherald.com/news/regional/view/20100108chelsea_rabbit_rapist_convicted_of_cruelty/

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

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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

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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

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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

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