Cynthia Vaughn has been charged with Larceny Over $250, Conflict of Interest and Filing a False Claim in the Essex County Superior Court in Salem, Massachusetts. The charges stem from allegations that Vaughn, who was working for the Andover, Massachusetts water treatment plant was falsely submitting records for hours worked while running a business on the side. Now Vaughn is seeking to suppress statements she made to police officers who investigated the case. According to a report in the Lawrence Eagle Tribune on May 5, 2010 five Andover police officers went into her office. They brought her into the water treatment plant’s conference room to be questioned. She was advised that an investigation was being conducted on behalf of the town manager and that there were potentially criminal allegations. Vaughn invoked her right to counsel until she was assured that she was not the target of any criminal investigation. The investigation they said only had to do with the treatment plant superintendent. Vaughn’s Suppression Motion challenges the voluntariness of her statements. She claims among other things exploitation of an anxiety condition, trickery and deceit.
This article states that Vaughn is challenging the voluntariness of the waiver of her constitutional rights. She claims that the waiver of Miranda was not made knowingly, intelligently or voluntarily. The challenge here focuses on Vaughn’s emotional stability, her lack of experience with the legal system, her mental condition at the time of the interview, improper inducements prompting her to waive her constitutional right to silence and aspects of the police practice (i.e. five officers coming into her work place) and their false assurances. Both Massachusetts and Federal case law make clear that specific challenges such as this could, in certain instances warrant suppression. More importantly, Vaughn has protected herself by hiring an excellent criminal defense attorney. There is no better criminal defense lawyer in Massachusetts than Larry McGuire. His commitment to defending the accused is unparalleled and his results are excellent.
I will forever continue to reiterate that nothing good comes from talking to the police. Police officers, particularly detectives have specific reasons for talking to someone. Their questions are thought out in advance. Their questions are designed to elicit specific responses. They do not question people simply for informational purposes. They usually have an abundance of information that leads them to the person they seek to interrogate. They do not share that information with the person they are interviewing. Rather, they use it to get additional information. Most people who get convicted do so because they spoke with law enforcement personnel. You do not have to do this. You never have to speak with police officers. As a matter of fact, no one in this state should ever speak with the police before consulting with a Massachusetts Criminal Defense Lawyer. Knowing your rights and properly exercising them can save you from a criminal prosecution. The percentage of people who get charged with a crime simply because they spoke with the police is staggering. Do not do it without first consulting a lawyer.
If you are in trouble you need a lawyer. When hiring a lawyer make sure you hire someone who has a significant amount of experience. You should always contact a criminal lawyer when your constitutional rights are at stake. Waiving a constitutional right prior to obtaining legal advice is never a good idea.
The Law Offices of Stephen Neyman is committed to defending the accused. We can be reached at 617-263-6800 or you can contact us online.