A twenty year old man claiming to be homeless was arrested yesterday after a routine Motor Vehicle stop. According to the Wayland Patch, on officer conducted a stop on Route 20 and recognized the passenger as someone pictured in a “Wanted Poster”. The man was sought for an alleged Carjacking having occurred last Wednesday. Apparently, on October 24, 2012 Wayland, Massachusetts police received a call from a victim stating that the defendant and another got into his vehicle and tried to Carjack him. The victim resisted the assailants attack and was able to identify the older subject right away. The second suspect remains at large. He is said to be mid to late teens. The defendant has seven warrants. Some are out of the Concord District Court and the others in the Framingham District Court. Charges on this case include Carjacking, Assault and Battery by Means of a Dangerous Weapon, Conspiracy and Attempt to Commit a Crime.
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The crime of Carjacking in Massachusetts is a felony proscribed by Massachusetts General Laws Chapter 265 Section 21A. The district attorney prosecuting the case must prove two elements beyond a reasonable doubt to prove that crime. The first is that the accused had the intention to steal the vehicle. The second is that the defendant either assaulted or confined or maimed or put in fear the victim for the purpose of stealing the vehicle. This crime is often difficult to prove. As such, prosecutors will charge related crimes such as Assault and Battery when filing the complaint or indictment for Carjacking. Carjacking is usually a random crime where the defendant and victim do not know one another. It is difficult to understand the relationship, if any between the accused and the vehicle owner in this case based on this article alone. It does appear however that the police had a pretty good idea who might have been involved once they received the report. Showing photographs of suspects to victims typically assumes a suspicion on the part of law enforcement officials that at least one of the individuals shown in the array was involved in the crime. This is particularly true in the suburbs where the pool of people involved in criminal activity is somewhat small. In the absence of the victim’s ability to make an independent identification of the defendant, there might be some challenges to the identification process that result in a dismissal of the Carjacking charge. Any suggestion by the police that the defendant was the person responsible for the crime taints the identification making suppression a viable matter. An Experienced Massachusetts Criminal Attorney will take this into account when preparing a defense.
The Law Offices of Stephen Neyman defends Carjacking Cases in Massachusetts as well as all other crimes. Our office is always open. Call us at 617-263-6800 or send us an email.