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I’ve lived in Massachusetts my whole life.  I’ve been driving since I was able to get my learner’s permit at age 16 (no, I won’t tell you what year that was…)  The point being, I know what it’s like to drive in Massachusetts – and for anyone reading this from the Bay State, you know:  It isn’t pretty.  Why this is so has been the subject of both serious speculation and jokes (including the well-earned moniker of “Massholes” to describe most Massachusetts drivers.)

It used to be true that other parts of the country (with the possible exception of drivers in New York City,) were much tamer and more civil.  But this problem is no longer two things:  1) It’s no longer funny – it can be downright life-threatening; and 2) It’s no longer confined to Massachusetts.  Like a metastasizing cancer, road rage has rapidly spread to other parts of the country – places where it was rarely experienced in years past. Continue reading

We all see the occasional reports that come out by various organizations, listing “Best Places To Live,” “Best Companies to Work For,” and many other kinds of lists.

Allstate Insurance Co. just released a report listing the best & worst 200 cities in the U.S. when it comes motor vehicle drivers.  Care to know where Boston came in?  200th.  Yes, you read that correctly: 200th out of 200 of the worst cities in the U.S., when it comes to motor vehicle drivers.  Number 199 out of the worst 200?  Worcester, Mass.

What an ignominious distinction.  Shamefully, it is well-known.  (In fact, you’ll pardon my French as they say, but Massachusetts drivers are commonly referred to by drivers in other states as “Massholes.”)  What is it about Massachusetts drivers that make us so horrible on the road?  It would be one thing if we landed, say 100th out of 200, or somewhere in the middle of the list – but the worst on a list of 200 U.S.. cities?   This is downright awful.  As a Massachusetts Operating to Endanger lawyer, I see these cases every day:  Extreme speeding, Driving to Endanger, Negligent Operation of a Motor Vehicle, Massachusetts Immediate Threat Suspensions.   These criminal charges can be very serious.  The car accident injuries that result from this behavior are often very severe, and can change someone’s life forever. Continue reading

In my previous post on this subject of ending drug violence, I talked about how black markets and the violent crime that flows from them are created by government prohibition .  This is what prohibition of any substance or material, causes.  If the federal government made drinking water illegal tomorrow, black markets and criminals that manipulate them would crop up overnight.  If milk – yes, milk, were for some reason made illegal, there would be criminals dealing milk – complete with controlling territories to distribute it.  Violent crime would be created, complete with gangs and turf wars.  Police would battle these gangs and murders and mayhem would follow.  Raids would be conducted, arrests would be made, defendants would be prosecuted, billions of dollars would be spent – and the crime bosses that controlled the production and distribution of water or milk would never be defeated.

I know may people just won’t believe this.  They think the best thing we can do, is just keep fighting and prosecuting Massachusetts drug crimes, and drug crimes all across the country.  My response is based on three different qualification levels:  1) As a Massachusetts drug crimes lawyer; 2) As someone who has a degree in Economics, and 3) As someone who is a student of history.  NO AMOUNT of government arrests and prosecution of drug criminals will EVER eliminate the presence of drug lords, drug dealers, drug users, or drug victims.  It is sociologically, politically, and legally impossible.  I refer you to one simple word:  Prohibition.  When the federal government illegalized alcohol in 1920 through the Eighteenth Amendment to the U.S. Constitution, a black market for all kinds of alcohol was created overnight.  It took less than a few weeks for major criminal enterprises to erupt, the most famous being led by Al Capone.  Thousands of murders were committed; violence in cities and towns across America erupted; tens of thousands of arrests were made.   Hundreds of millions of dollars (in 1930’s value) were spent battling it through police departments and court prosecutors, led by Elliot Ness and his “Untouchables.”  The end result?  Utter failure.  Finally, after 13 years and hundreds of millions of taxpayer dollars spent, the federal government woke up and ended prohibition in 1933, through the ratification of the Twenty-first Amendment, which repealed the Eighteenth Amendment.  A massive waste.

If we legalized drugs that are illegal today, we would achieve two positive and immediate effects:  1) We would destroy the power, control, and the wealth that illegal drug organizations now control.  Whether drug lords in Colombia and Mexico, or drug dealers on the streets of our cities, they’d be out of business, overnight.  The violence and terrorism that surrounds drug use would cease.  2)  We could treat users of unhealthy and addictive drugs as health problems, not lock them up as criminals.  In the process, we would save billions of taxpayer dollars, make our communities safer places to live, and help addicts recover by putting them in clinics, not jails.  As a Norfolk County Massachusetts drug offenses lawyer with decades of experience handling Massachusetts drug cases, I can assure you this is so. For those who are still unconvinced, I suggest they visit this site:  Law Enforcement Against Prohibition, a progressive organization of present and former police officers and other law enforcement officials, as well as former prosecutors, who agree:  Keeping drugs illegal only creates crime and keeps drug addicts hostage to their addictions.

As Reuters News reported yesterday, a major drug bust was made in the Boston area yesterday (Thursday June 16,) as part of a network of arrests designed to break up a vast drug and guns-smuggling enterprise.  Approximately 400 police and law enforcement officers took part in the major operation, fanning out across Boston and surrounding areas. The crime fighting effort was coordinated by the U. S. Attorney’s Office in Boston, and police made 66 arrests of suspected gang members. Continue reading

Way back in 1988, at the beginning of the “get-tough-on-crime” push in Massachusetts for tougher criminal sentencing and mandatory minimum sentencing laws (a massive failure,) a law was passed  requiring the Massachusetts RMV to suspend the drivers’ licenses of anyone convicted of a Massachusetts drug offense.  Even a minor possession charge.  What did this result in?  Over 27 years, tens and tens of thousands of people lost their drivers’ licenses – even if they weren’t sentenced to any jail time; a conviction, followed by probation, was enough to trigger the suspension.  What did this further result in?  Many of these people couldn’t get jobs, because they needed a car to drive to work if the job applied for wasn’t near public transportation.  That resulted in cyclical unemployment, and an incentive to commit more crime to somehow get their hands on money.  And who paid for all these negative results?  You and me:  The taxpayers.  How? Through our taxes, to pay for unemployment, welfare, and overcrowded jails.  Continue reading

I’ve posted in this blog previously about how Gloucester Police Chief Leonard Campanello introduced his own Department policy of not prosecuting addicts who come in to his police department with illegal drugs and/or drug paraphernalia, seeking medical treatment for their addiction.  I wrote of how sensible, humane, and long-past due this type of rational thinking is, and of how Chief Campanello’s approach should be emulated, not only across Massachusetts, but across the United States.

Well, it seems that this hope, may become a reality.  Through legislation recently filed by Gloucester state Representative Ann-Margaret Ferrante, persons who appear at any Massachusetts police department, seeking medical treatment for a drug addiction, would not be criminal charged or prosecuted for a Massachusetts drug offense – so long as that person is acting in good faith.  Addicts seeking help with recovery could turn in unwanted heroin and other drugs, without fear of criminal prosecution. Continue reading

Up until very recently, it looked as though Bill Cosby’s legal luck had run out; that the celebrity actor was finally going to face prosecution for at least one allegation of rape and sexual assault.  That case stems out of Pennsylvania, and involves an alleged victim named Andrea Constand, who told police in 2005 that Cosby drugged her and then sexually assaulted her at his home in  Pennsylvania in 2004.   At that time, the former Montgomery County District Attorney, a man named Bruce Castor Castor, determined that there was not enough evidence to charge Cosby, but stated in a press release that  all parties to this matter that he will reconsider this decision should the need arise.”

Fast forward ten years, and just last month, December 2015, Cosby was legally charged for the first time, even though almost 50 women have come forward claiming that over decades of time, Cosby drugged, then sexually abused and /or raped them.  The specific crime that Cosby was charged with in Pennsylavnia in December was indecent aggravated assault, involving Andrea Constand’s 2005 allegations against Cosby.   So it looked as though the law had finally caught up with the entertainer.  But some interesting events over just the last few days may imperil that case being prosecuted. Continue reading

There’s been a lot of talk lately, across the country and in Massachusetts also, about whether or not police patrol officers and other law enforcement personnel should wear body cameras.   This debate has been fueled, of course, by allegations of police brutality & police misconduct, and the resulting lawsuits, following the shooting of minority defendants in various incidents across the country.

As a Boston criminal defense attorney, it’s my professional opinion that this is a great idea:  It provides both suspects as well as police officers an objective method of proof as to what did and did not occur in any given situation:  If an arrested suspect or a suspect who has been shot by police has been the victim of unnecessary force, there will be an objective source of evidence to prove it.  If a police officer has not used excessive force or otherwise done anything legally or procedurally prohibited by law or Department regulations, that can also be proven, immediately.  Forget the talking heads on the cable news shows.  Forget the endless blathering by those who make their careers on race-baiting and inflammatory accusations (I don’t have to name names here, do I?).  Forget the shout-fests on both liberal and conservative “news” channels.  The objective evidence will be right there – and it won’t lie. Continue reading

Police Department records are public documents. Though not everyone knows that, many people do. That’s a good thing, because, for obvious reasons, we wouldn’t want Police Departments to operate in secrecy. Not only do police departments keep their daily logs public – which are abbreviated, digested descriptions of police activity, they must also make the full records of those incidents, which are much lengthier than a simple log entry, public upon request.

So you’d think that the same laws would apply to Massachusetts college & university campus police departments, right? If you said “yes,” you’d be wrong. Continue reading

Yesterday, the Boston Globe reported on a murder that almost certainly could have been prevented, involving a domestic violence call that Boston Police Department officers had responded to a year ago, in November 2014.  This story has cause a lot of concerns among the public about the effectiveness of restraining orders, that I’d like to address today.

The BPD officers who responded to the call, reportedly did not check to see whether the victim had previously been previously granted an Abuse Prevention Order (restraining order) against her boyfriend.  Doing so is the first order of business when police officers respond to calls of domestic abuse.  Instead, the officers removed the boyfriend from the apartment, and dropped him off at a detox center.  A day later, that person murdered the victim, who previously had, in fact, taken out a restraining order against him.  If the officers had checked this out as protocol requires, they would have arrested that person, immediately.  To be fair, both the victim and the accused were reportedly extremely intoxicated at the scene, and in no condition to convey accurate information to the officers.   Regardless, the officers could have checked for this information, with a simple call to their dispatcher. Continue reading

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