Just two days ago a Massachusetts State Trooper made a motor vehicle stop just before four in the morning. According to reports the car ran a stop sign and was speeding in Brighton. Some of the passengers were “ducking” in the car at the time the trooper started to approach the car. Brian Poitras of Lynn, Massachusetts was supposedly driving the car with a suspended driver’s license. He was placed under arrest. The three passengers were then removed from the car. In an area not specified in the article officers found eleven grams of cocaine, seven grams of methamphetamine and some marijuana, the amount of which did not meet the threshold for a criminal complaint in Massachusetts. In addition to being charged with Operating with a Suspended Driver’s License Poitras was charged with Possession with the Intent to Distribute Marijuana, Possession with Intent to Distribute Methamphetamine, Drug Conspiracy, and Possession With Intent to Distribute Marijuana. The passengers, Kristen Hosman of Salem, Massachusetts, Victor Cordino of Boston, Massachusetts, and Cameron Linehan of Somerville, Massachusetts were all charged with the same Massachusetts Drug Offenses. The case will be prosecuted in the Brighton District Court.
Boston Drug Defense Lawyer, Possession With Intent, Cocaine, Marijuana, Methamphetamine
As a Massachusetts Criminal Lawyer I truly enjoy defending cases like this one. Countless variables factor into defense strategies in this case. There will be defenses pertaining to some of the accused, one of the defendants, and all of the defendants depending on where the drugs were found, who said what and what the officers recorded in their report. There is no way that all four people in the car were Possessing Drugs either directly or constructively as is required for a conviction for these crimes. There is no way that all four of the accused conspired to Violate the Massachusetts Drug Laws. Rather, they were all arrested because they were present where drugs were found and that is not enough to get a conviction in Massachusetts. In its simplest form, conspiracy in the context of this case requires an agreement to commit a designated drug offense. Four people in a car and the presence of drugs does not establish that element (the agreement) of the conspiracy charge. It will be even more difficult for the district attorney to prove that all of the defendants intended to distribute the substances. As I have mentioned several times in the past, being present where a crime is being committed is not proof that that person was involved in criminal activity. Absent more than is mentioned in this article the drug charges might not survive.
The Law Offices of Stephen Neyman defends people accused of committing Drug Crimes in Massachusetts and throughout the country. If you need a lawyer give us a call. You can reach us at 617-263-6800. You can also send us an email.