Massachusetts Criminal Defense Attorney Blog
Last week a grand jury sitting in Plymouth County charged Mister T. Hood with three counts of Distribution of Cocaine, Subsequent Offense. It is alleged that Hood committed these crimes in mid-December. He was arrested in connection with a massive drug investigation that led to the arrests of over twenty people. Hood’s prior convictions are from 2002, 2005 and 2009. Hood’s arrest stems from “Operation Clean Sweep”. Out of the twenty plus people arrested from that operation only Hood and one other have been indicted. This case will be prosecuted in the Brockton Superior Court.
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Brockton, Massachusetts Drug Distribution Law Firm
Lawyers Who Defend Drug Cases in Brockton
Massachusetts General Laws Chapter 94C Section 32A(b) states that anyone who is convicted of distributing cocaine and has one or more prior such convictions shall serve at least a two year state prison sentence. There is a maximum ten year state prison sentence authorized. So assuming this is the statute under which Hood has been indicted you might ask why bring a case like this one to superior court. After all, there are ways to get that kind of time through a conviction in the district court. Well, there could be countless reasons for the indictment but in this case I imagine Hood’s criminal history had a significant impact on this decision. Not only does he have three prior convictions but convictions for Massachusetts Violent Crimes (Assault and Battery by Means of a Dangerous Weapon) and, he beat a murder charge. Or perhaps Hood is viewed as the more dominant player in this sweep and the indictment is designed as a deterrent to warn others not to continue with these activities.
As an experienced Massachusetts Criminal Lawyer I have noticed that absent some sort of concrete evidence such as a surveillance videotape jurors do not like to convict people who were not arrested at the time of the offense. The district attorney prosecuting these cases relies on an officer or cooperating person stating what they saw Hood do. Yet, there is no immediate arrest. Rather, they permit him to continue dealing drugs and then, at least in this case, make an arrest eight days later. That does not sit well with jurors. It also enables the accused to establish an alibi or alibis showing that he was nowhere in the area at the time of the alleged criminal activity. Investigations like this are risky and the police rely on getting most of the people who are arrested to plead guilty or cooperate. The article referenced above identifies five people who have already pleaded guilty to the crimes for which they were charged.
The Law Offices of Stephen Neyman defends Drug Crimes in Brockton and throughout Plymouth County and Massachusetts. Anyone accused of a crime needs a lawyer. Let us help you. We can be reached at 617-263-6800 or by email. Call us now so that we can start preparing your defense.