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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Defaults lead to bail


The holidays are time for family.  The last thing you want to do is to spend your holiday in jail.  One of the most important factors in determining if the judge will set a bail on you is how often you default.  The purpose of bail is to encourage a person to show up in court.  Therefore, if you have a lot of defaults or fail to show up to court when you are supposed to, it is more likely that you will be held on bail. 

Just because you have a warrant on a case doesn’t mean that the judge will automatically set bail.  As not all warrants are created equal or viewed in the same way.  There are two types of warrants on cases.  First, there are default warrants.  A default is entered when a person fails to show up to court when they have notice of court date.  When a person defaults the court will send out a default warrant. 

The second type of warrant is known as a straight warrant.  In the situation of a straight warrant, the defendant has not gotten notice of the court date.  This usually happens because the court was unable to reach the defendant with a letter regarding his or her court date.  

Most if not all judges view straight warrants in a more favorable way than default warrants.  It really makes sense if you think about the differences.  The court assumes that you didn’t know your court date when it issues a straight warrant and assumes you did get notice when it issues a default warrant. 

Essentially, the court views that it is your fault for defaulting on a case and that will increase the likelihood of bail being set.  Verses in the situation where you have a straight warrant, the court assumes you didn’t know therefore it isn’t your fault for not showing up.  In the situation of a straight warrant, the court is less likely to place a bail on you just because you have a warrant. 

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

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Don’t ruin your life with a threatening text, email or Facebook message


Technological advances have brought about a lot of good for people, but it has also lead to its share of issues. It is so easy to interact with people we like and don’t like. For the most part, we are one click away from getting ourselves in trouble.

In the past, when young people sent harsh comments, emails and messages to one another it was rarely faced with tough punishments. Now with the school systems and police departments more aware of the detrimental effects that hazing and bullying can have, these messages are now treated as serious threats. Some may think that this is an overreaction to the recent deaths connected to bullying, while others believe more needs to be done. Either way, the situation is that quicker action is being taken against any acts of bullying, hazing or threats.

Seeing that there is so much attention on this area, it is important that young people refrain from stating anything that resembles a threat. With these messages being sent through the computer or phone, it also makes it much easier for the police to gather evidence. In the end, if you think it may be perceived as a threat, it is unwise to write the statement.

Aside from facing potential punishment from schools, the suspected offender who wrote the threat may face criminal consequences. A criminal record for a young person may be detrimental for the person being accepted to college, getting a job and his or her life. So think twice before writing a threatening message to anyone.

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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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

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


Last week’s story was about a breaking and entering that wasn’t planned out very well to say the least.  It’s difficult to imagine that this week’s story could top last week’s.  Remember that the suspect from last week left fingerprints and blood at the scene and then tried to cash in numbered scratch tickets.  Before you rush to judgment, just wait to hear what this next person did. 

 Story number 2: Traffic anyone? 

A suspect decides to rob a bank downtown Boston late Friday afternoon.  He goes into the bank without a hat, sunglasses, or any type of disguise.  The bank has a main entrance and a side entrance.  The suspect has a getaway car and driver waiting at the side entrance.  As a result, the suspect wants to wait for the bank window that is closest to the side entrance.

 The problem starts with the fact that there aren’t too many people waiting in line.  There are several windows open and several bank tellers are asking the suspect if he needs help with anything.  The suspect is persistent in his desire to wait for that one bank teller closest to the side door.  The suspect ends up waiting for the bank teller closest to the side door for up to 10 minutes.  This gives the other bank workers ample opportunity to look at the suspect.  If that isn’t enough, the cameras are recording him this entire time. 

 Finally, the suspect goes up to his desired window and hands the bank teller a note demanding money.  The bank teller calmly hands over the money and the suspect flees out the side door.  With all the information the police probably would have caught the person sooner or later, but this is when the situation makes a turn for the worse. 

 Not really planning out his getaway route, the suspect takes 93 South for his escape.  Now anyone that works in Boston knows that 93 South on a late Friday afternoon is similar to a parking lot.  The police find out that the suspect fled onto 93 South, get onto 93 South, put on their lights and gently weave through traffic.  The suspect is found stuck in traffic not more than 3 exits away from downtown. 

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 I


During my travels you hear a lot of silly stories.  First, I didn’t represent any of these people.  Second, these stories are much better than my imagination can provide.  And finally, if you ever find yourself wanting to violate the law, please reconsider.  Over the next several weeks, I have four crime stories that will make you scratch your head.

Story number 1: Trying to hit the lottery

A suspect breaks the window of a liquor store.  The suspect probably didn’t think about the situation too clearly because blood is found on the window sill.  Either the person cut his or her hand on the window while breaking it, or the broken glass cut the suspect on the way in.  The suspect didn’t wear gloves leaving DNA and finger prints everywhere.

Once inside, the suspect looks for valuable items to take.  The suspect takes some alcohol and rummages through an empty cash register.  Finally, the suspect comes up with a great idea of taking scratch tickets and lottery tickets.  The problem is that the tickets are numbered and once they are cashed in, the police will know what store cashed the winning tickets.  Moreover, most convenience stores will have cameras.

When the person cashed the winning tickets the police had his face on tape.  In the end, the fingerprints were enough to track the person down, but the police were able to retrieve the tape from the store that cashed the scratch ticket.  The suspect gave the police plenty of evidence to find and to later prosecute him.  This definitely wasn’t one of the best thought out crimes.  If you think this story is silly, just wait as the stories get progressively worse.

 

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

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.

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

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