Massachusetts Criminal Defense Attorney Blog

This past Friday, after a four month investigation Joan Alberto Brea was arrested and charged with Trafficking Heroin, a School Zone Violation, and several Motor Vehicle Crimes. Brea, whose true identity has not been established is being held without bail. The investigation centered on drug dealing activities in the Mansfield Woods Condominiums. During the arrest police seized about eight thousand five hundred dollars worth of heroin, a quantity of about eighty five grams. No more information was given about the nature of the investigation.

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Heroin Bust In Mansfield, Massachusetts Leads To Seizure Of 85 Grams

In Massachusetts there is a substantial chance that a defendant will be held without bail in a Drug Trafficking Case such as this one. The defendant's identity is not known by law enforcement. Nor for that matter is his address. There is a strong concern that he would default and never return to court if a bail were set that he could afford to post. Roots in the community coupled with a demonstration of stability and reasons to appear in court as ordered are factors that usually result in the imposition of an affordable bail. Obviously that is not the case here.

The absence of detail in this article suggests that this investigation is far from over. 85 grams of heroin is inconsequential given the length of this investigation and the number of law enforcement officers responsible for this case. For Brea however the stakes are high. He is facing a minimum mandatory seven year state prison sentence if convicted of trafficking and another mandatory two years on top of that if he is convicted of the school zone violation. There might be some defenses to this case. The fact that he was charged with Motor Vehicle Crimes suggests that he was driving at the time of his arrest. The police must show probable cause to stop, search and make the arrest. Given the depth of this investigation I would imagine that informant information played a role in the arrest as did surveillance efforts.

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Police in Quincy, Massachusetts were surveilling a parking lot at a supermarket this past Tuesday night. They saw two men arrive in a car and make a cell phone call. No one got out of the car. The car then left and went to a nearby Burger King. The police observed someone from another car get into the one they were watching. The police then descended on the vehicle and made arrests. They charged Gilbert Torres of Boston, the driver with Heroin Distribution. Robert Cefalo, the man who got into the car was charged with Heroin Possession. Michael Evans was charged with Knowingly Being Present Where Heroin is Kept as was Christopher Bates. The case is now pending in the Quincy District Court.

Four Massachusetts Men To Be Prosecuted For Heroin Crimes In Quincy

As with most drug cases the district attorney will have to fight a challenge to the constitutionality of the stop of the car. Massachusetts courts have made clear that just being in a high crime area is not enough to justify a stop. Nor for that matter is walking away from police officers. Similarly, if the area where the police observed the defendants is considered a high crime area that does not permit a stop and search of the car. What then did the officers in this case have for probable cause to stop the car? According to this article nothing but a hunch. That is not sufficient to permit the intrusion and without more would require suppression.

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Haverhill, Massachusetts police along with other local law enforcement agencies arrested five people for drug dealing activities near the 99 Restaurant in Haverhill yesterday late afternoon. It was reported that Christen Agnew, Robert Condon, Julie Gill, Tina Brady and Alex Hernandez were all arrested. Agnew and Condon have been charged with Possession With Intent to Distribute Class B and Conspiracy. Agnew has also been charged with Distribution of Cocaine along with a Motor Vehicle Crime. Gill and Brady were both charged with Possession of Cocaine, a Class B substance. Hernandez, a Lawrence, Massachusetts resident was picked up on an outstanding warrant for Trafficking Heroin. The cases are now pending in the Haverhill District Court.

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Charges of Possession With Intent to Distribute Cocaine, Possession and Distribution Filed Against 5 Locals Arrested In Haverhill

Suspicions regarding the legality of the stop and arrest always come to mind when reading articles like this one. What were the police doing in the parking lot? Were they conducting a surveillance, and if so, why? Were they involved in a controlled buy? Were they simply acting on a hunch? While the article does not address these concerns it would be safe to assume that this was not a chance encounter and that a motion to suppress will be filed on behalf of at least one of the defendants. If they recognized Alex Hernandez and knew that there existed a warrant for his trafficking activity they had every reason to arrest him. Not so however for the other four.

If Gill, Condon, Brady and Agnew do not have criminal records their cases might be resolved by continuing the cases without a finding in which case they will be placed on probation. If they successfully comply with their probationary terms the cases will be dismissed on a designated date. If they do have criminal records an Experienced Massachusetts Drug Defense Lawyer might be able to get the charges dismissed by challenging the legality of the arrest and search or perhaps challenging the sufficiency of the evidence.

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Bruce Sartwell of Abington, Massachusetts has been charged with extortion. It is alleged that Sartwell, who owns a tattoo parlor and another Outlaws Motorcycle Club member confronted a nearby pizzeria owner to ask if he intended to open a tattoo parlor upstairs. He responded that he did intend to do so. One of the motorcycle members told him that that was a bad idea. The complainant responded that he did not ask for their opinion and that he would open a tattoo parlor if he wanted to. Supposedly either the defendant or his friend made an arguably threatening remark about damaging the pizzeria owner's building. By his own admission the complainant made clear that the defendant denied threatening him or his building by stating that he was not threatening him and that threats as such would be illegal. Nevertheless the pizza shop owner called the police. They arrested Sartwell and charged him with extortion. The case is pending in the Brockton District Court.

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Massachusetts Motorcycle Gang Member Charged With Extortion In Brockton

The crime of extortion in Massachusetts is proscribed by Massachusetts General Laws Chapter 265 Section 25. The law states that anyone who threatens another with injury to his person or property in order to extort money or gain a pecuniary advantage is guilty of extortion, a felony in Massachusetts. A conviction of this crime is punishable by a maximum fifteen year state prison sentence or two and one half years in jail. Most likely this case will be prosecuted in the district court where it is now pending.

This case might be difficult for the district attorney to prove. It is the word of the pizza parlor owner against that of the defendant and his friend. Keep in mind that the "victim" in this case is a business competitor of the defendant's. His self-proclaimed bravado about standing up to the defendant and his friend is tough to swallow. He is able to stand up to these men yet decides later to call the police due to a perceived threat? This sounds a bit sketchy. Perhaps it is the complainant who is trying to gain a competitive advantage in his business over the defendant by making this complaint.

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Last week Mark Snow of Rockland, Massachusetts was arrested for crimes that occurred earlier in the summer. He was charged with Breaking and Entering, Threatening to Commit a Crime, Malicious Destruction to Property and Assault. As to that case the prosecution alleged that Snow entered a home without permission, threw a rock through the window and threatened the occupant. Snow was released on those charges. Then, on September 12, 2009 he was arrested for Kidnapping. It was reported that a twenty four year old woman called the police to report that Snow unlawfully entered her apartment, assaulted her and confined her to her home. The woman stated that the incident occurred four hours prior to her making the call to the police. He is being held without bail at the Plymouth County House of Correction. Other charges Snow faces from the second incident are domestic assault and battery, assault and battery with a dangerous weapon, breaking and entering, threats and witness intimidation.

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Massachusetts Man Arrested For Kidnapping Just Days After Being Charged With Assortment Of Violent Crimes

If the details of the article are accurate it seems strange that the woman would wait four hours to report a crimes as violent as this one appears. Violent crimes in Massachusetts are usually reported right away. When I am defending home invasion or breaking and entering cases almost every initial complaint is made by a 911 call either during or shortly after the event. Extensive delays in reporting without a valid excuse raise a red flag. Why did the victim wait to report the crime? Often times the reasons for the delay disclose an illicit motive for making an unfounded complaint in the first place. This provides Massachusetts Criminal Attorneys with viable defenses to the charges. It would not surprise me to see the second case against Snow resolved in the Hingham District Court.

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Steven Reth of Western Avenue in Lynn, Massachusetts was just indicted for a Firearms Violation, specifically Gun Possession. The prosecution has alleged that in July of 2009 Lynn police responded to a call reporting gunshots. Upon arrival an officer observed a suspicious car that he followed for a distance. Reth later jumped out of the car and was pursued. Prior to his apprehension the police claim to have seen him toss an item that was later located. It was a handgun. The case is being prosecuted in the Essex County Superior Court in Salem. Reth has a felony record and has been convicted of several crimes in the past.

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Massachusetts Man Faces Gun Charges In Salem

In cases like this a Massachusetts Criminal Defense Lawyer would probably focus his defense on the constitutionality of the stop of Reth's car. While following a suspicious car is not a violation of someone's constitutional rights certain actions of the police might have been. Pulling the car over for no reason other than it appearing "suspicious" might result is suppression of the stop. The defendant pulling his car over and running would not give rise to probable cause to arrest without more. Reth may have some viable defenses to his case but search and seizure issues seem a more likely target for his lawyer.

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In August of this year Yehuda Cohen was arrested for his purported involvement in a drug deal in Weymouth, Massachusetts. His home was searched and police seized cocaine, drug paraphernalia and cash. At that time Cohen was charged with Possession With Intent to Distribute Cocaine, Conspiracy and Distribution of Cocaine. This past weekend Cohen was arrested again. It was reported that an informant tipped police off to the fact that Cohen was still dealing. A search warrant was obtained and executed at Cohen's home. Apparently all the police found was a small amount of cocaine because he has been charged with Possession and Conspiracy only at this time. However, during the search Cohen's apparent suppliers Ernesto Arias and Isa Fernandes, both from Brockton arrived with sixty bags of cocaine totaling fifty five grams. Both of them were arrested. They have been charged with Trafficking Cocaine Over 28 Grams. All cases are currently pending in the Quincy District Court.

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Brockton, Massachusetts Drug Dealers Who Arrive To Stock Customer During Raid Get Arrested For Trafficking

Cohen is probably not in as much trouble as the article suggests. Absent a lengthy criminal record people charged with possession of drugs usually do not go to jail. Rather, their cases get dismissed, continued without a finding or a period of probation is imposed. The conspiracy charge in this case will not likely survive. It will be difficult for the police to show that Cohen conspired with Arias and Fernandes. I doubt that either will testify against him. Additionally, Cohen might be able to get all charges dismissed if his lawyer is able to show that the search warrant should not have been issued. The strength of the case against Arias and Fernandes is uncertain given the details in this article. Defense attorneys will look to see where the drugs were found in the car, who owned the car, what interaction the defendants had with the police or Cohen, if any and what facts link these two to the drugs. It would not surprise me to see the charges dismissed as to one of these two defendants.

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Weymouth, Massachusetts police received a tip that cocaine was being delivered to a particular area on a regular basis. Accordingly they watched the location. A drug unit detective observed a suspected drug dealer's car with two occupants pull up to the address around 8:00 this past Saturday evening. A woman who lived at the address got into the car. The car drove around the block and returned to the original location. Police then stopped the car and made inquiry. The woman, Cherie Kelley confessed to having purchased cocaine from the men. Police then searched the car and found over fifty grams of cocaine and over one thousand dollars cash in the vehicle. The other occupants, Juan Castillo, of Randolph, and Jose Caballero, of Boston were arrested and charged with trafficking cocaine and conspiracy to violate the controlled substances laws. Their cases are now pending in the Quincy District Court.

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Three Face Cocaine Charges In Quincy District Court, One For Possession, Two For Trafficking

Assuming this case was accurately reported there are several defenses that come to mind. The district attorney must show that the police officers had probable cause to stop the car. Picking someone up at her house and driving around the block by itself does not establish probable cause. There has to be much more for this stop to survive a constitutional challenge. If the stop is ruled illegal then the drugs cannot be used as evidence. It is also going to be difficult for the prosecutor to show which one of the two men was in fact responsible for the trafficking. If the drugs were not found in their possession and no physical evidence links them to the drugs there will not be enough evidence to convict them of trafficking.

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Alejandro Lopez is being charged with Assault And Battery With A Dangerous Weapon in the Cambridge District Court after stabbing a co-worker last week. According to reports Lopez and an unidentified man got into an argument at the Superior Nut Company Factory where the two worked. Lopez then stabbed the man and went back to work; at all times working with the knife he used to stab the victim. When the police arrived at the scene they observed the victim soaked with blood. He identified Lopez as the assailant just after getting into the ambulance. The case is pending in the Cambridge District Court.

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Chelsea Man Stabs Co-Worker While At Work

Assault and Battery By Means of a Dangerous Weapon is a felony in Massachusetts. The statute prohibiting this act is Massachusetts General Laws Chapter 265 Section 15A. The statute provides for a two and one half year jail sentence or a ten year state prison sentence if convicted. Punishment for a conviction of this offense typically defends on the severity of the injuries suffered by the victim, the defendant's criminal record and the conduct of the complaining witness. Assuming that the victim is not seriously injured in this case and the defendant does not have a significant criminal record the prosecution will probably continue in the district court. Defenses to these charges vary depending on the intent of the defendant, his actions and the conduct of the person who got stabbed. I have seen self-defense and accident work successfully as defenses to this charge on several occasions in the past. The fact that Lopez remained on the job and continued to work is somewhat significant and might factor heavily in the defense or disposition of this case.

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On Labor Day three women were in a parking lot at a convenience store in Waltham, Massachusetts. At around 1:00 p.m. Christopher Gavilanes, a Somerville resident drove by them. While doing so he allegedly yelled out "hey ladies". When they looked over Gavilanes was fondling himself. The women then called the police and provided them with Gavilanes' license plate number. He was later arrested and charged with Open and Gross Lewdness. The case will be prosecuted in the Waltham District Court. Gavilanes was released on personal recognizance.

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Sex Crimes Charges For Somerville, Massachusetts Man Who Exposed Himself

Open and Gross Lewdness in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 272 Section 16. The statute permits a sentence of up to three years in state prison after a conviction. Typically these cases are prosectued in the district courts where the maximum sentence permitted by statute is two years in the house of correction. Judges can continue these cases without a finding. When that disposition is imposed the defendant is spared the stigma of a felony conviction. The case will be dismissed as soon as the defendant completes the terms of probation, if any, that are set by the judge or probation department. If Galvines has no criminal record that is how this case might get resolved.

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Last week police officers from Braintree, Quincy and Randolph were looking for Anthony Bradley after they received a tip that he was selling drugs. The police knew Bradley as he had been arrested in the past for drug charges. As a result of this tip officers observed Bradley, whom they knew had a suspended drivers' license, pull up to another car. Consequently the police arrested Bradley and searched his vehicle. While doing so they found Oxycontin pills in a make-up container purportedly belonging to his passenger. The female's purse contained another container in which there were more pills. Bradley has been charged with possession of OxyContin with intent to distribute and conspiracy. He also faces Motor Vehicle Charges for driving with a suspended license. The passenger will also be charged however she was not arrested. The case is being prosecuted in the Quincy District Court.

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Massachusetts Man Stopped And Arrested On Drug Charges To Be Prosecuted In Quincy

Bradley might have difficulty defending the Motor Vehicle Crime however the drug case might not be so difficult. The article suggests that no drugs were found on Bradley nor did the police see him handling at all. The drugs were not remotely in his possession either directly or constructively. There is no evidence showing that Bradley had the intent to sell the drugs. Additionally, there is no evidence establishing that Bradley and his female passenger were conspiring to sell the drugs. Bradley might have a good shot at this case.

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This past Wednesday night police officers in Weymouth, Massachusetts observed someone they knew to be a drug user drive out of a parking lot. They followed the car, saw it stop and then saw someone get in the back seat. The unnamed drug user drove around the block and the other person got out of the car. Police stopped the driver who informed them that he had just purchased Oxycontin pills from the man he had just dropped off. The suspect, William Shores was stopped and found with additional Oxycontin pills. He was charged with Distribution of Oxycontins, Possession With the Intent to Distribute Oxycontins and Conspiracy. The case is pending in the Quincy District Court.

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Drug Charges Filed Against Massachusetts Man Who Was Selling Oxycontins

As to Shores the defense of this case will focus on the legality of the stop of the drug user. Massachusetts Courts have held that police may stop motor vehicles to conduct a threshold inquiry if they have "a reasonable suspicion that the occupants have committed, are committing, or are about to commit a crime." This suspicion must be based on specific, articulable facts and cannot be based on a hunch. The Supreme Judicial Court held that two young men in a motor vehicle at 4:00 in the morning coupled with the fact that one of the occupants tried to shield his face from the officers did not justify a stop. The facts of this case as more benign and suggest that the Weymouth police had no reason to stop the drug user. From that they could not then use that information to stop and search Shores.

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Adolfo Bonilla and Josue Ramirez-Gonzalez both from Waltham, Massachusetts had been banned from a local bar. They tried to gain entry and when they were denied both threatened to return with a gun and shoot and beat the owner. The police were immediately called. When they arrived Bonilla allegedly drove the car directly at the responding police car. The car stopped. Both suspects got out of the car and tried to flee and ended up struggling with the police. Ramirez-Gonzalez was charged with Malicious Destruction to Property for throwing a rock at a parked car as well as resisting arrest. Bonilla was charged with Resisting Arrest, various Motor Vehicle Crimes, Threatening to Commit a Crime and Assault with a Dangerous Weapon. The case is being prosecuted in the Waltham District Court.

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Waltham, Massachusetts Men Kicked Out Of Bar Threaten Owner, Get Arrested For Several Criminal Charges

Threatening to commit a crime is a violation of Massachusetts General Laws Chapter 275 Section 2. The law makes clear that a conviction for the offense has a maximum sentence of six months in jail and a one hundred dollar fine. The irony in this case is that the bar owner was most probably scared by the threats yet this is the least of the defendant's problems. The malicious destruction to property charge is more serious particularly if the value of the property is two hundred fifty dollars or more. In that case the crime is a felony.

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