The Hingham, Massachusetts Patch reports that two Dorchester, Massachusetts men have been charged with Conspiracy to Violate the Controlled Substances Act and Distribution of Heroin. According to the report, last week Braintree, Massachusetts Police were conducting surveillance of a well known drug area. They observed a Hingham, Massachusetts woman drive up and meet with the men. She approached their car. After a brief interchange they parted ways. The woman was stopped and was found to be in Possession of Heroin. Apparently, information provided to the police by the woman was in their minds sufficient to stop the two defendants. Their car was searched and inside a cigarette package officers found heroin. The defendants, Noel Vasquez and Orlando Negron are facing Drug Charges in the Quincy District Court. In addition to the drug charges Negron was charged with giving a False Name to a Police Officer and Operating with a Suspended License. The case is pending in the Quincy District Court. Over one thousand dollars was seized at the time of the arrest from the men.
Quincy, Massachusetts Drug Crimes Defense Lawyer
As a Massachusetts Criminal Defense Lawyer here is what strikes me as most interesting about this case. In better than ninety five percent of the cases I have defended with facts similar to this the buyer (here the unnamed woman) gets charged with Possession of Drugs and Conspiracy to Violate the Massachusetts Drug Laws for his or her involvement in the crime. Most of my colleagues welcome this approach for one very simple reason. It makes it very difficult for the district attorney to show that the purported drug dealers were actually selling the substance. Here is why. The buyer will get charged with Possession of Drugs. These charges are often resolved in a way where the buyer will not have a criminal record; i.e. a continuance without a finding or pre-trial probation. The buyer will hire a lawyer. The buyer will,through counsel invoke his or her Fifth Amendment privilege and refuse to offer cooperation against the sellers. It is then extremely difficult to show who if anyone sold the drugs to this person. The case against the sellers might be dismissed. Or perhaps, recognizing the difficulty in prosecuting the case the district attorney will offer a deal for the sellers that is difficult to refuse. In this case it is quite likely that the police decided not to charge the woman with the expectation that she will testify against the two men. If she changes her mind I would expect charges against her to issue. Regardless, this woman should be represented by an attorney. The police do not have the authority to cut deals for suspects in criminal cases. That is done through the district attorney's office and should be scrutinized by a criminal defense lawyer.