Tis’ the season for break-ins


The holidays are upon us and it is just a wonderful time of year.  Many people will travel to see friends for the holidays and it is important to protect yourself against unwanted intruders.  A break in during the holidays can really damper your spirits.  So be careful and be vigilant at all times. 

So you are holiday shopping and jumping from store to store.  Well you want to make sure that your gifts aren’t visible to people walking by your car.  Keep gifts out of sight in the trunk as things in the backseat may entice unwanted guests.  It may seem like common sense, but when you are in rush with a car full of kids it may be easy to forget. 

House breaks are also very common this time of year.  Going away on vacation makes your house an easy target.  An alarm system is a good investment and usually reduces your homeowners insurance.  It is also smart to have a neighbor pick up your newspaper or mail.  If you don’t get along with your neighbors then go to the post office and they will gladly hold it there for you. 

You may want to have a friend house sit a couple nights during the week.  This will make it more difficult for burglars to case your house.  Another advantage is the friend could look out for other issues that may come up in your house such as flooding. 

It is important to stay vigilant to keep out unwanted intruders.  The truth is no matter what you do, it make not prevent a break in.  As a result, it may be smart to keep your really precious items at a bank or insure them.  Finally, if you are trying to get a dog and your significant other needs some convincing well you can use this blog post as an excuse. 

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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Holiday bad decision turns into domestic assault and battery charge


 Holidays are supposed to bring out the best in people, but unfortunately many times it brings out the worse.  It may be the tight quarters with family members that bring out the emotional exchanges, or simply the excess of alcohol.  Either way, don’t call the police unless it is necessary.

So I see this type of situation occur a good amount.  It happens quite often, but especially around the holidays people usually men are charged with assault and battery from a domestic incident.  The alleged victim in the case say that they didn’t want the defendant arrested and don’t want the person to go to jail.  The victim also states that the situation was exaggerated because the person wanted the police to take their side.

So here are a few things to consider before calling the police for no good reason.  Police tend to err on the side of caution in domestic situations.  Police can’t decipher an argument that is just a normal family argument that will boil over from one that may lead to some violent end.  As a result, police tend to make arrests to err on the side of caution.  That means if you tell the police that some physical contact has been made, the defendant will usually be arrested.

Too many people tend to call the police in attempt to get a person out of their house.  The likely end is that the police will get the person out of the house, but will also arrest and charge the person.  Also, the police arrest is not the end of the matter, but simply the beginning of a long legal process.  There is likely to be many court dates and people that you don’t want in your life.

Conversely, if you feel like you are in danger of your own safety then you shouldn’t hesitate in calling the police.  This post isn’t an attempt to convince people from calling the police for legitimate reasons, but to warn people from calling for frivolous ones. Holidays are supposed to be times of joy and celebration, but if you can’t get along perhaps you should avoid one another.  In the end, only call the police if you really need their help.

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 about domestic violence:

Massachusetts Law about Domestic Violence: http://www.lawlib.state.ma.us/subject/about/domviolence.html

Asian Task Force Against Domestic Violence: http://www.atask.org/site/

Healing Abuse Working for Change: http://www.helpabusedwomen.org/

Network for Women’s Lives: http://www.networkforwomenslives.org/

Gay Men’s Domestic Violence Project: http://www.gmdvp.org/

Casa Myrna Vazquez: http://www.casamyrna.org/

Jane Doe’s Inc.: http://www.janedoe.org/

On the rise: http://www.ontherise.org/

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

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Not a good move: Listening to everyone, but your lawyer


Generally, people who are charged with a crime are concerned and want to know what is going on at all times.  The problem arises when a defendant chooses to talk to people who aren’t his or her lawyer to try to get advice.  Meanwhile the best thing to do is not to talk about your case with anyone, except your lawyer. 

 One of the major reasons why you don’t walk to talk to anyone other than your lawyer is anything you say can be used against you.  The last thing that you want to do is to have the district attorney summons a cell mate, girl friend, or relative to testify against you.  Essentially, what you say about a crime can be considered as an admission and can be used against you in the court of law.  On the other hand, if you talk to your attorney about the case the communication is privileged. 

Another reason why you don’t want to talk to others to try to get advice is because of the advice you will be getting.  Every case is different and there are many factors that go into determining the ultimate outcome of a case.  Just because your neighbor or mom told you that a certain outcome happened to another person charged with the same offense, doesn’t mean anything.  There is no guarantee that the same things will happen in your case.  The last thing you want to do is to listen to bad advice. 

 Obviously, the last thing you want to do is to talk to the police and listen to their advice.  Yes, police are very good listeners, but it won’t help you.  You don’t want to put yourself in a bad situation, so if you are charged with a crime, don’t try to get advice from the police. 

 Be smart, you need to make sure you talk to a lawyer as early as possible.  Don’t talk to anyone about your case.  You also don’t want to listen to anyone’s advice, especially those of others in jail.  Remember if your cell mate had such great advice, he wouldn’t be sharing a room with 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:

Working with your lawyer http://www.paulerogers.com/worklaw.htm

 Tips on working with your lawyer http://www.fatherhoodqic.org/ten_tips.pdf

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

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How to deal with that horrible speeding ticket


Alright, everyone hates speeding tickets.  Not only do you have to deal with the large fine, your insurance gets increased for five years.  Worse, if you have three moving violations in a year, your license can be suspended.  So here are a few things to keep in mind for a speeding ticket. 

 Be polite.  When you get pulled over do not yell at the police officer.  You need to follow instructions and be polite.  This sounds simple enough, but a lot of people want to argue with the officer.  Arguing will get you no where.  It only gives the officer more incentive to write you the ticket, to show up in court and to say that you had a bad attitude while he is testifying.  So be polite, even though you are not happy about the situation. 

 Look at the ticket.  You need to examine the ticket itself carefully.  First, look at the time and date to see if they are accurate.  Next, look at the information about your car.  See if the officer wrote the right information down correctly.  Finally, look to see if the officer estimated your speed or used radar. 

 File the appeal.  It doesn’t hurt to try to appeal your ticket.  The first hearing will be in front of a clerk.  The clerk’s hearing will cost you $25.  If you lose at the clerk’s hearing you can then appeal the clerk’s ruling in front of a judge.  The officer that wrote you the ticket doesn’t need to show up at the clerk’s hearing, but needs to show up in front of the judge’s hearing. 

 Make a decision.  You need to make a decision and figure out how important winning the ticket is for you.  You may want to just pay the ticket and get it over with.  You may also want to fight the ticket to the end because you already have two moving violations in one year.  If you do want to fight the ticket and put forth your best case, you may want to consider hiring a defense attorney for help. 

 http://articles.moneycentral.msn.com/Insurance/InsureYourCar/ItPaysToAvoidaSpeedingTicket.aspx

 Attorney Jessica Foley’s Blog on License issues

http://massdrivinglaw.typepad.com/massachusetts_driving_law/speeding_tickets/

 Turnpike looking to increase revenue by issuing more tickets

http://www.encyclopedia.com/doc/1P2-13456882.html

 Police ordered to issue more speeding tickets

http://www.bostoncriminallawyerblog.com/2007/12/massachusetts_state_police_ord.html

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

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License suspension


Most people need their license and it is an important part of their daily life. A person’s license can be suspended for many reasons. The Registry of Motor Vehicles (RMV) could have suspended the license because the court ordered it, moving violations or other rules and regulations. The court can suspend a person’s license for a number of reasons. A person’s license can be suspended for being convicted of drug related offenses, OUI conviction or even a warrant. Yes, if you don’t show up in court, the court will issue a default and a warrant for your arrest. The RMV may then suspend your license.

Driving while your license is suspended is a criminal offense, and it carries a fine and a jail sentence. The judge doesn’t need to sentence a person to jail, but under the statute a person could spend up to 10 days for a first offense and up to a year if charged with a subsequent offense. It is really silly to go to jail for this offense because your license is suspended due to a default. So you need to be careful and make sure you show up for your court dates.

To prove that your license was suspended the prosecutor needs to prove that you were operating a motor vehicle, on a public way, while your license was suspended and you had notice. Now it is the prosecutor’s burden to prove that you had notice. They will usually do this by entering the registry cert. that will include all the letters sent by the registry to your last know address. It is your responsibility to update your address with the registry. So if the registry sent a letter to your last know address, it becomes your burden to prove that you didn’t get the letter.

Finally, I have seen many people move away and get a license in a different state. That does not mean that your license is not still suspended in Massachusetts. Some states will allow you to get a license despite your status of your MA license, while others will require you to reinstate your MA license first. Running from your problems are never the answer. In the end, the problems always linger and most come back and get you. Beware of the easy way out and deal with your problems as they come.

http://www.mass.gov/rmv/suspend/index.htm

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The Irish of Irish Times: being searched at a club or any establishment


Irish Times is a popular bar/club in downtown Worcester, Massachusetts. To promote security at its bar, Irish Times has a policy to search all of its patrons. There are signs in at the front door that warn people of this policy. Also, on weekends, Irish Times pays off duty police officers to provide further security.

There are a large amount of criminal cases that stem from the Irish Time policy. Many patrons of the Irish Times are arrested guns and drugs. Even though patrons are warned by clearly marked signs at the entrance, they continue coming in with guns and drugs.

For quite some time the Irish Times had off duty police officers perform the searches and had people arrested for contraband. And for that same time, defense attorneys were able file and win motions to suppress based on unreasonable search and seizure law. The litigation of this point raged on until the Irish Times refined its policy.

Every person has a right against unreasonable search and seizure. If the government violates your constitutional rights, then what is found can usually be suppressed. This argument worked in the Irish Times searches when it had the police officer’s perform the searches. Then the Irish Times changed its policy. Instead of having the police perform the searches, Irish Times hired private employees to perform the searches. When the employees would find contraband then they would hand it over to the police, thereby circumventing the constitutional violation.

To find that a search has violated a person’s constitutional rights there usually needs to be some sort of state action. One could argue that it is still state action when an off duty police officer is searching people. However, a private employee searches a person most judges will agree that there is no state action.

The practical effect is that when a private employee of an establishment finds guns or drugs on you, then its trouble. However, it doesn’t mean that if the police officer is the one performing the search you are safe. In the end, before you party at a place that searches, don’t keep “stuff” on you.

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

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Don’t go to a clerk’s hearing without an attorney


A clerk’s hearing or a show cause hearing is very common in Massachusetts. A person can be arrested and brought into court and arraigned, or the clerk may issue a notice for a show cause hearing.

The standard at a clerk’s hearing is probable cause that a crime occurred. The clerk determines whether there is enough cause to issue a criminal complaint or to take no action. These hearings are not open to the public and are not subject to open meeting laws. The way the proceedings are held is completely up to the clerk. However, most clerks usually allow the complainant either the police or the victim to explain their side of the story first. Then the clerk allows the accused to explain their side of the story if they so choose. Finally, after all the testimony is heard, the clerk will make a decision.

So if you receive a notice for a clerk’s hearing, what should you do? You should contact an attorney right away. To put together a good case hearing, your attorney will need the proper amount of time to prepare. It is true that the hearings are not recorded, but anything you say during a hearing is considered an admission, and can be used against you in court later on. It is also possible to get a lot of these complaints resolved during the clerk’s hearing. If the case is resolved during the clerk’s hearing, the charges are never officially filed, and as a result are not recorded on your criminal record.

A lot of people want to go to these hearings themselves without an attorney. Most people believe that as long as they tell their story everything will be fine. The reality is you need to be able to explain your story in the right way. Even if you are able to get a case dismissed later on in the court process, your record will still show that you were charged with the crime. So be smart and hire an attorney as soon as you can.

Massachusetts Bar Association explanation of show cause hearing
http://www.massbar.org/about-the-mba/press-room/journalists’-handbook/22-common-legal-proceedings

Mass. law updates stating that there is no right to access show cause hearings
http://www.lawlib.state.ma.us/2007/03/no-right-of-access-to-show-cause.html

Attorney Elliot Savitz explanation of show cause hearing with video
http://www.masscriminaldefense.com/clerkshearing.htm

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

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Published in: on August 14, 2009 at 11:42 am  Leave a Comment  
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