Pugnacious Brandon Borghi, age 19, stands before Judge John Payne
In response to APD charges of assaulting officers (two), resisting arrest and having a fake ID, Brandon Borghi plead "not guilty" yesterday in Eastern Hampshire District Court. Judge Payne continued his case until August 19, where he will be back in Court with his private attorney.
All in all, an expensive night/morning out in downtown Amherst.
Defense Attorney 101:
ReplyDeleteThere's nothing illegal about having someone else's license on your person.
There's nothing illegal about being passed out on the porch of an Amherst business.
The police probably have no basis to arrest him, at least initially.
So what his being "combative" amounts to (i.e. whether it amounts to an assault on the police) is probably the key to any criminal liability he has.
Anybody want to represent him?
There's more to life than beating on the kids going to a VERY LARGE state school that are are unfortunate enough, and I'll acknowledge probably not innocent, to get snagged in the court system at a very young vulnerable age. These reports are like shooting fish in a barrel, there's hardly any journalism involved. Like we're all so holy. The first one of you to say you're right up there with Jesus (and I know that some of you believe are), please raise your hand. Show some compassion please.
ReplyDeleteThe kid's lying there. The cops have to do something.
ReplyDeleteAssuming that they were "beating on the kids" is pretty offensive.
The cops are dealing with this stuff while you're sleeping, Tom.
The kid is young, drunk, vulnerable, whatever. But the cops can't leave him lying there.
There's my compassion, Tom. Do I pass your test?
You are correct, it is not illegal to have someone license on you. It IS illegal to present someones ID as yours.
ReplyDelete"Any person who transfers, alters or defaces any such card or license, or who makes, uses, carries, sells or distributes a false identification card or license, or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining such card or license, shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than three months.
Any person who is discovered by a police officer or special police officer in the act of violating the provisions of this section may be arrested without a warrant by such police officer or special police officer and held in custody, in jail or otherwise, until a complaint is made against him for such offense, which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted. "
If you are an adult, unless the police suspect you of either having committed a crime or about to and you are in a public place, you have no obligation to present any ID to a police officer.
It is also not a violation to be drunk in public but police are permitted to take you into custody for your safety. If you damage property you can be charged as drivers are.
I believe it is not illegal for a minor to be sleeping and drunk in a public place as long as he is not in possession. If you present a fake ID you are in trouble.
Funny thing is a parent or legal guardian may purchase their underage kid a drink if you are in a bar or restaurant. You probably don't believe it but it is stated in 138/34 Mass law.
The police had every right to arrest him for a number of offenses including fake ID.
Problem with Mass is that Chapter 138, Section 34 of the law is so confusing that any good lawyer could probably get you off for most any offense.
Larry Kelley excellent journalism. You must feel so proud about taking pictures of folks that are innocent until proven guilty. Doesn't seem as if mr.borghi is aware of the picture curious as if u had the sack to ask permission most likely you didn't because u are a coward. I hope you continue the sub bar blog it must be tough being a saint. Crawl back in your hole you Internet troll
ReplyDeleteMust be his parent. Good role modeling.
ReplyDeleteIf he was that drunk that he was sleeping on the porch of a business in town I can only imagine how confused he must have been when he was awoken.
ReplyDeleteI feel bad for the kids today who (like we all were) are raised around packy's every direction they turn, and the billboards and the tv screens and the adults telling them to DRINK the poison they and their families and our society is diseased with.
Larry, you're a strong guy who was able to kick (at least temporarily) the problem, we all know that. But look around, alcoholism is a nationwide/worldwide pandemic, and these kids we brought into this world really don't stand a chance. You should give them a little break, maybe go after the dealers for a while.
Boy, at that time of day they should have just given him a blanket and let him sleep it off. Then he would have been really confused when he woke up. He'd probably go his whole life trying to figure that out. All you people ought to lighten up, he wasn't hurting anybody, you old busybodies. This is really going to help his future, geez!
ReplyDeleteAnon 10:33 read your own post. "...carries..." you fools it IS illegal to possess another person's license. Glad you are not lawyers.
ReplyDeleteSo what his being "combative" amounts to (i.e. whether it amounts to an assault on the police) is probably the key to any criminal liability he has.
ReplyDeleteIt may constitute "self defense" and if he can convince a jury of that, he then can sue the town for assault.
Sooner or later one of these kids is going to have a REAL lawyer and the town is going to do quite badly in court.
And no, the cops DON'T have to do something about him sleeping on the sidewalk -- no more than they have to chase every car that runs a red light -- it's called "discretion." And did he actually present the license or did they find it in their search of his person -- that is a significant point.
"I found it and was going to mail it to the address on it in the morning." NOW what???
you fools it IS illegal to possess another person's license
ReplyDelete"uses" is more than a slightly different verb. Facts matter...
I once possessed someone else's driver's license -- I found it in a shopping cart and took it into the store and left it with management -- and then THEY possessed it (and called the owner to come get it). That's not criminal -- it actually is the decent thing to do...
"Glad you are not lawyers."
ReplyDeleteGlad you're not. If you find someones license you posses it until you notify the owner, motor vehicle department, or police. Not illegal. To knowingly possess it for the purpose of using it as ID is illegal.
Can't we all just agree that the guy shouldn't have been passed out drunk in public in the first place? Then there wouldn't have been any problem at all.
ReplyDeleteCan't we all just agree that Amherst is a lousy place for the Commonwealth to have it's flagship state university and it ought to be moved somewhere else?
ReplyDelete