Massachusetts Criminal Defense Attorney Blog

Edwin Pagan is from Ashland, Massachusetts. Around 3:30 in the morning yesterday someone reported seeing a man "acting suspiciously" near the Happy Swallow. The police responded and found Pagan lurking in the area. The officers also learned that Pagan had been in a car parked nearby. They went to investigate. They looked into the car and in "plain view" found what they believed to be cocaine in a plastic bag. The officers also found prescription pills in the car. They then learned that the owner of the car was the bartender at the Happy Swallow. The bartender was questioned. He stated that he had given Pagan permission to use the car until 3:00 in the morning, but not after. The bartender denied ownership of the drugs. Pagan was then charged with Breaking and Entering a Motor Vehicle, Possession of Cocaine, a Class B Drug, and Possession of Class E Substances. The case in pending in the Framingham District Court.

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http://www.metrowestdailynews.com/news/police_and_fire/x1485353729/Ashland-man-arrested-on-drug-charges-in-Framingham

Framingham Drug Crime Lawyer

If this article is accurate Pagan has a very defensible case. The bartender's story makes little sense. Think about it. How many people would say it is okay to use their car until three in the morning but no later, particularly in a situation like this one. Obviuosly Pagan needed to use a car. From this you can assume he also needed a ride home. Pagan lives in Ashland and the bar is in Framingham. Logic suggests that the bartender was his ride. Massachusetts law permits bars to be open until 2:00 a.m. Most close earlier. Towns can regulate the hours of bar operation. If the Happy Swallow is open until 2:00 a.m. you can assume that the bartender will be working later to clean and set up for the next day. Three or three thirty is probably the time he would get off work and drive Pagan home. So when the police question the bartender what does he do? He distances himself from Pagan. He is not going to accept responsibility for the drugs in his car. He blames Pagan and says that Pagan has exceeded his authority to be in his car by thirty minutes. With the help of an Experienced Massachusetts Criminal Defense Lawyer Pagan stands a good chance of winning this case.

Continue reading "Ashland Massachusetts Man Arrested On Drug Charges After Cops Find Him Near Car With Drugs In Plain View" »

According to a report in the Brockton Enterprise, police yesterday arrested Ivon Almeida and charged him with Trafficking Heroin in Excess of Twenty Eight Grams and a School Zone Violation. Police claim that Almeida was the passenger a car driven by Steven Mendes that committed certain traffic violations. After the stop police found an open container of alcohol. They then frisked both the driver and Almeida. A plastic bag was supposedly protruding from Almeida's shoe. Police seized it and found it to contain thirty two grams of heroin. The act took place within one thousand feet of a School Zone. The case is pending in the Brockton District Court. This case will most likely be indicted to the Plymouth County Superior Court.

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http://www.enterprisenews.com/news/cops_and_courts/x96440595/Brockton-traffic-stop-leads-to-heroin-trafficking-arrest

Once again we visit the issue of the legality of the frisk. Assuming the article is accurate no one would challenge the stop itself. The police officers witnessed someone driving a motor vehicle and committing some civil infractions. This permits the officers to stop the vehicle, obtain information from the driver, and in some circumstances the passenger. The officer can then issue a citation, or if the driver or passenger have outstanding warrants an arrest can be effectuated. If not, no frisk is permitted. A police officers can be no more intrusive than necessary to effectuate a safe conclusion to the motor vehicle stop. A pat frisk is for protective purposes. It is to make sure that the person or people lawfully stopped are not carrying weapons. Pat frisks are not for investigative purposes. Here, it appears that the officers suspected without reasonable suspicion that the defendants committed or were about to commit a crime. There is nothing inherently dangerous about a plastic bag protruding from someone's shoe. There is a likelihood that the police actions were violative of Almeida's rights and warrant exclusion after hearing a Motion to Suppress.

Continue reading "Traffic Stop In Brockton Leads To Heroin Trafficking And School Zone Charges" »

Earlier today the Massachusetts Supreme Judicial Court issued its opinion in Commonwealth v. Carr.pdf affirming the trial judge's suppression of evidence seized unlawfully. The facts of the case are as follows. On Valentine's Day, 2007 a Boston College police sergeant received a call from a residential director (RD) of a dormitory who had information from students that a dorm resident possibly possessed a weapon. The RD brought the students to the campus police. The students stated that the defendant had been bullying students and bragged about having a knife. An anonymous student reported seeing the butt of a gun in the defendant's room. The student stated that the gun might have been a toy. Armed with this information campus police went to the defendant's room. They knocked on the door and identified themselves. About a half minute later the door was opened. There were three men in the room. An individual who denied living in the room was asked to leave. The officer then inquired about the gun. One of the defendants admitted to previously having a fake gun and throwing it away. He was then read his rights and asked where the gun was. He replied that it was under the bed. There, the officers found a replica gun. With further prompting and prodding from the police the other defendant produced a knife. Officers found another knife and a martial arts weapon also. The police then asked the defendants to sign a Miranda waiver form and a consent to search form. Both signed the former. Neither signed the latter. The officers then conducted a search and found drugs and drug related paraphernalia. The trial judge allowed the defendants' Motion to Suppress. The Appeals Court reversed. The Supreme Judicial Court affirmed the trial judge's rulings holding as follows:

The district attorney never established that the defendants consented to the search. One of the officers testifying agreed to that during cross-examination. He backtracked on re-direct by testifying that the defendants gave verbal consent to search. The judge found this to effect his credibility. The evidence as to consent was equivocal in the judge's opinion and not sufficient to sustain the search. The trial judge also held that even if the defendants had consented the consent was not made voluntarily. She found that the campus police actions of immediately demanding the defendant's identities, ordering the person who did not live in the room to leave, blocking the doorway, showing distrust for the defendants and ordering rather than requesting to search undercut the voluntariness requirement of consent.

This case is another example of what can happen when you hire an experienced lawyer. The lawyers in this case did a fantastic job for the defendants. They were able to show the trial judge that the defendants' constitutional rights were violated.

Osei Kwame of Waltham, Massachusetts has been charged with Kidnapping in the Quincy District Court. According to reports Kwame picked up a couple in Boston just before 2:00 a.m. The pair wanted to go to Billings Street in Quincy. They ended up on Billings Road instead. One of the passengers asked the defendant to take him to the correct address. The male later got out to pay and Kwame took off with the female in the back. The woman and remaining passenger called the police from her cell phone. Kwame failed to stop for the officer. He was ultimately apprehended. Kwame has been charged with Kidnapping and Failing to Stop for a Police Officer.

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http://www.wickedlocal.com/waltham/features/x290096037/Cabbie-charged-with-kidnapping-passenger

The crime of Kidnapping in Massachusetts is proscribed by Massachusetts General Laws Chapter 265 Section 26. To convict someone of this offense the prosecution must prove beyond a reasonable doubt that without authority the defendant forcibly confined another person within Massachusetts against the person's will. A conviction for kidnapping in Massachusetts carries with it a potential ten year state prison sentence. Kidnapping charges are prosecuted in the Superior Courts. The crime is a felony. Failure to Stop for a Police Officer is a violation of Massachusetts General Laws Chapter 90 Section 25. There is a one hundred dollar find associated with someone being responsible under that statute. The bail in this case was only seven hundred fifty dollars. This suggests a couple of things. First, Kwame's Massachusetts Criminal Defense Lawyer did an excellent job arguing bail. Second, perhaps the facts are not nearly as egregious as the article seems to indicate.

Continue reading "Waltham Taxicab Driver Charged With Kidnapping In Quincy" »

Around 7:00 p.m. last Thursday night Lynn, Massachusetts Police responded to a call reporting shots on Landers Street. The officers were directed to a man who was bleeding from his shoulder and had apparently been shot. While investigating the incident the officers noticed bullet holes at 7 Lander Street. The officers went into the home to look for shooting victims. No one was home. The officers continued to search the home. They opened a closet and a metal box inside the closet. Inside they found ammunition. Police then applied for and obtained a search warrant. They returned and found Sereca Prom at the residence. They continued their search and found several bags of marijuana. Prom supposedly confessed that the marijuana was hers. She has been charged with Possession of Ammunition and Possession of Marijuana. The case is being prosecuted in the Lynn District Court.

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Lynn, Massachusetts Marijuana Possession Defense Lawyer, Ammunition Possession Defense Lawyer

Once again, the strength of the district attorney's case here hinges on the legality of the initial search. While typically there is a requirement that no search be conducted without a Search Warrant, there are exceptions. Potentially applicable to this case is the "exigent circumstances" exception. Police are permitted in certain situations to bypass the search warrant requirement where they need certain flexibility to the events at the scene of a crime. Here, the prosecution will argue that the officers were permitted to enter Prom's home to attend to possible shooting victims. The defense will likely argue that once they found no victim they had a duty to leave the home. The subsequent search violated Prom's rights requiring suppression of the ammunition seized. Additionally, the Search Warrant was obtained on the basis of unlawfully found evidence. The defendant will argue that the Search Warrant therefore should not have issued and that the subsequent search of Prom's home should be suppressed.

Continue reading "Lynn Woman Charged With Marijuana Possession, Ammunition Possession" »

This past Saturday a Massachusetts State Trooper pulled a car over for speeding shortly after 4:00 in the afternoon. Smelling what appeared to be an abundance of air fresheners the officer became suspicious. The two occupants of the vehicle then gave the officer a story that did not check out. A canine unit was called. The dog alerted officers to the dashboard and the passenger side airbag. Officers then forcibly opened the dashboard. They found cocaine and over thirty three thousand dollars cash. The weight of the cocaine was approximated at one half kilogram, over two hundred grams. The occupants, Joel Alicea of Lawrence, Massachusetts and Alejandro Nunez Perez of Methuen, Massachusetts were arrested and charged with Conspiracy, Trafficking Cocaine, and other Massachusetts Drug Crimes.

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http://www.eagletribune.com/local/x1507938287/Too-many-air-fresheners-tip-police-to-drugs

This case presents some interesting Massachusetts Search and Seizure issues. Massachusetts Courts have held that investigative detentions must be no longer than are necessary to effectuate the purpose of the stop. Thus, in this case most Massachusetts Criminal Defense Lawyers will ask what permitted the officers to detain the defendants longer than necessary to issue the speeding ticket. I imagine that it was more than a few minutes from the time the car was pulled over until the canine unit arrived. On several occasions Massachusetts courts have held that detentions of this length were unconstitutional. The next issue that strikes me is what links these defendants to the drugs. Apparently the vehicle belonged to someone else. The drugs and money were concealed. How then are these defendants responsible for Trafficking and Conspiracy.

Continue reading "Lawrence, Methuen Men Charged With Trafficking Cocaine In Worcester" »

This past Thursday Stoughton, Massachusetts police detectives received a tip. They learned, probably through an informant that a package containing Oxycodone was going to delivered by mail to someone in Stoughton. An undercover detective pretending to be a postal worker contacted the recipient and arranged to meet with her. A short time later detectives met with Jessica Prato and Chad Graham, both of Miami, Florida. Both were arrested and charged with Trafficking Oxycodone. Police seized the package. It contained nearly one hundred thousand dollars worth of Oxycodone pills.

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http://www.enterprisenews.com/news/cops_and_courts/x370074324/Stoughton-police-make-major-oxycodone-bust

Massachusetts Oxycodone, Oxycontin Trafficking Defense Lawyer

There is a lot about this case that interests me as a Massachusetts Drug Trafficking Defense Lawyer. First, what if anything did the defendants say when they met with the undercover officer. If Prato simply took possession of the package without more then there is no indication that she knew what the package contained. In that case the district attorney will have a difficult time showing criminal intent. Second, how is Graham implicated in criminal activity. If he simply accompanied Prato when she met with the undercover officer the prosecution will have difficulty showing criminal responsibility on his part. Third, what were Prato and Graham doing in Massachusetts. Did they own property here. What is the nature of the address where the package was being sent. What is their connection to that address. Fourth, what information did the informant present to the officers. Will it survive a constitutional challenge from a Motion to Suppress.

Continue reading "Couple From Miami Arrested And Charged With Trafficking Oxycodone In Massachusetts" »

Marylou Quinones Fry-Trifone of Billerica, Massachusetts was served with divorce papers a few days ago. Less than twenty four hours later she was arrested for trying to kill her fourteen year old stepdaughter. According to the Lowell Sun, the victim woke up around 4:30 a.m. and found the defendant at the front of her bed holding a large knife. The defendant yelled that she was going to kill the girl. She then swung the knife hitting the girl in the forearm, back and stomach. The victim screamed. Her sister and father came to her aid and subdued Fry-Trifone. Within minutes the police arrived. The victim was transported to a local hospital. Fry-Trifone has been charged with Assault With the Intent to Commit Murder, Assault and Battery, Assault and Battery by Means of a Dangerous Weapon and Assault With a Dangerous Weapon. She was released on one thousand dollars cash bail.

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Billerica, Massachusetts Criminal Defense Lawyer

This article shows the value of having an Experienced Massachusetts Criminal Defense Lawyer at your arraignment. These are very serious charges. Most of the charges are felonies and there is a possibility that this case will be prosecuted in the Middlesex County Superior Court in Woburn. There is also a possibility that if convicted Fry-Trifone will have to serve a jail or prison sentence. However, her lawyer did a great job getting bail set at one thousand dollars, a relatively small sum given the severity of these charges. These cases can take months or even more than a year to resolve. If the defendant is held without bail or on an unaffordable cash bail he or she will be stuck in jail while the case is pending.

Continue reading "Billerica Woman Arrested, Charged With Trying To Kill Stepdaughter" »

This past weekend Thomas Frechette of Saugus, Massachusetts was found outside of his home by police officers responding to his wife's emergency call. Reports claim that Frechette''s wife was found locked in the upstairs bathroom of her home. She told police that she and Frechette had argued after which he pushed her, grabbed her and kicked her. Frechette had been drinking and admitted to police that he and his wife had been in a fight. Frechette's wife told the police that he owned firearms in the trunk of his car and that during the fight he had threatened to kill her. Apparently Frechette keeps the car in which the firearms are stored in Malden. He has been charged in the Lynn District Court with Domestic Assault and Battery and Threatening to Commit a Crime. No Gun Charges have been filed however the police are applying for a Search Warrant to search the car for the weapons.

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Saugus, Massachusetts Domestic Abuse Defense Lawyer

Frechette's defense in this case will largely depend on what his wife intends to do. Cases of Domestic Assault and Battery in Massachusetts are often impossible to prove without the cooperation and testimony of the victim. In Massachusetts spouses have an absolute privilege not to testify against their spouse. Thus, absent independent witnesses this case might be difficult to prove. The same logic applies for the gun charges that might issue. Even if the police find guns in Frechette's trunk they will not likely be able to prove they were his without some corroboration. In this case, corroboration would come from the wife, the person who alerted the officers to their existence in the first place.

Continue reading "Saugus Man Faces Domestic Violence Charges After Beating Wife" »

Robert Rosado has been out on a fifty thousand dollar cash bail since 2009 for charges of Possession of Marijuana, Cocaine Trafficking, Resisting Arrest and Assault and Battery on a Police Officer. Last week a Massachusetts State Police Officer pulled Rosado over on Route 24 for "excessively tinted windows". Upon making contact with Rosado the officer smelled marijuana. That made him suspicious as did the fact that Rosado was wearing boxer shorts depicting a marijuana leaf. The officer also claims to have seen unspecified drug paraphernalia. Compounding matters was the fact that this officer had arrested Rosado in the past. The offIcer called for backup. A drug sniffing dog signaled the canine officer and in a concealed box officers found seventy eight grams of cocaine and ten thousand dollars cash. Rosado has been charged with Trafficking Cocaine in Excess of 28 Grams. The case is pending in the Taunton District Court. The case will ultimately be tried in the Bristol County Superior Court in Fall River.

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http://www.enterprisenews.com/news/cops_and_courts/x1673647684/Boxers-lead-to-cocaine-arrest-in-Taunton

Bristol County Drug Trafficking Lawyer, Cocaine and Marijuana Charges

This case raises some interesting Fourth Amendment issues. Tinted window, while arguably sufficient to justify a traffic stop does permit the police to do more. Nor for that matter does the odor of marijuana allow the police to continue their search of the vehicle. This is particularly true now since the decriminalization of possessing less than one ounce of marijuana came into effect. Obviously the officer did not believe that Rosado was operating under the influence of marijuana. Had believed that he undoubtedly would have charged Rosado with that crime. This raises another interesting question. If it is not a criminal offense to possess limited quantities of marijuana is it a crime to possess materials, i.e. "drug paraphernalia" to smoke the substance. It seems to me that Rosado's Massachusetts Criminal Defense Lawyer has plenty of ammunition to fight the stop through a Motion to Suppress.

Continue reading "Taunton Man Wearing Marijuana Leaf Underwear Arrested On Cocaine Trafficking Charges" »