Massachusetts Criminal Defense Attorney Blog

According to an article in the Brockton Enterprise, Senator John Keenan from Quincy has authored legislation that would ban "bath salts" in Massachusetts. The Massachusetts Senate agreed upon the bill yesterday. If enacted, the law would make it illegal for stores to sell what is now an over-the-counter substance sold for purportedly lawful purposes. Bath salts contain methylenedixoypyrovalerone, a stimulant that has an effect on the central nervous system. At this time this substance is not illegal to sell or buy, at least in Massachusetts and it is available in convenience stores and smoke shops. It can also be ordered online. The federal government is in the process of making this product illegal nationally.

So what exactly does this drug do to you? According to Web MD bath salts cause "agitation, paranoia, hallucinations, chest pain and suicidalilty". The drug is a stimulant, much like methamphetamine or cocaine. There is one significant difference. Bath salts produce the side effect of hallucinations. This drug is also associated with hypertension, increased heart rate, aggressive behavior and at times extreme violence. There is a split of authority as to whether this substance is addictive. Authorities have warned that abusing bath salts can result in permanent brain damage. It is universally agreed that taking this substance is dangerous, toxic and potentially lethal. There is no medicinal value associated with bath salts. This is a very dangerous drug. Using it is not only dangerous to the user but it can lead to the commission of crimes.

Right now in Massachusetts Criminal Lawyers are waiting for this law to pass and to determine the effects possessing and distributing bath salts will have on the accused. Will there be a minimum mandatory sentence associated with its use or sale? How will the state law compare to the inevitable federal law that will ultimately pass? How will Massachusetts bath salt laws be viewed relative to similar laws already having passed in other states? Perhaps most interesting is just how will use of this drug effect defenses in Massachusetts Criminal Cases? Right now there is a case being tried in Pennsylvania wherein a woman was charged with Theft Crimes she claims were the result of bath salt intoxication. The woman and her boyfriend are alleged to have stolen electronic equipment and jewelry at a home they broke into. The couple was charged with Receiving Stolen Property and Larceny. In Massachusetts a Criminal Lawyer might defend on the theory that the drug intoxication prevented the defendant from forming the requisite criminal intent needed to sustain a conviction. It is important that once this law passes anyone in Massachusetts who gets charged with a "bath salt" relate crime immediately contact a lawyer who is experience in defending drug cases of all types in Massachusetts. The law, as with any law, might be subject to a constitutional challenge, particularly where the substance is one that is not currently criminalized in this state.

Read Article:

Lawyers Who Defend Drug Crime Activity in Massachusetts

Continue reading "Massachusetts Legislature Moving to Ban Synthetic Drug "Bath Salts" as Usage is on the Rise" »

Last week Herman Rodriguez of Methuen, Massachusetts was driving his car ninety-two miles per hour on Route 495. The posted speed limit is sixty-five miles per hour. A state police office pulled Rodriguez over and was taken to the local state police barracks. Rodriguez identified himself as Kelvin Caraballo-Ostolaza and had a New York driver's license in that name. During the booking process a fingerprint scan alerted the police to Rodriguez's true identity. The United States Marshall's Office confirmed that Rodriguez was wanted on a Probation Violation. He was on probation for a Federal Drug Trafficking conviction. Rodriguez had been in default for six years. It was also determined that Rodriguez has an outstanding matter where he has been charged with Possession of Burglarious Tools and Malicious Destruction to Property over $250, a felony. Based on the Motor Vehicle incident last week charges of False Name to a Police Officer have been filed in the Newburyport District Court.

Read Article:

Massachusetts Probation Violation Defense Lawyer

Massachusetts Federal Drug Trafficking Defense Lawyer

We frequently represent people accused of violating their probation. When this happens, the defendant is served with a surrender notice. He must appear in court and a Surrender Hearing is scheduled. These hearings are much less formal than trials however the consequences associated with Probation Violations can be significant. The accused is looking at an extension of probation and in some cases a jail or prison sentence up the maximum permitted by the statute for the offense for which the defendant is on probation. This makes it imperative that the defendant facing a Probation Violation Hearing in Massachusetts hire an experienced Massachusetts Criminal Lawyer. In Massachusetts the law states that probation may be revoked after a Surrender Hearing if the prosecution establishes to a reasonable degree of certainty that the defendant has violated one or more of the terms of his or her probation. The violation must occur during the probationary period and not after. So, for instance, if someone is charged with violating probation and the hearing occurs after the probation was to terminate, then only the court can consider only the acts of the defendant prior to that termination date. Keep in mind that not every probation violation requires probation revocation. Sometimes the violations alleged or minor or unintentional. These can often be addressed without a formal hearing. At Probation Surrender Hearings judge determine first, whether the conditions of probation have been violated and second, whether in fact probation should be revoked. The first determination is fact based. The second is discretionary. Way too many judges in Massachusetts are inclined to revoke probation after a violation is found making it extremely important that you hire a lawyer who is prepared to fight for you and has a good understanding of the history of your case. A strong presentation against probation revocation can be the difference between you remaining free or being committed to serve your sentence in jail.

Continue reading "Methuen Massachusetts Man Arrested After Motor Vehicle Stop, Charged With Probation Violation, Held on Various Theft Crimes" »

A twenty-nine year old Marblehead, Massachusetts woman in facing charges of Larceny of Prescription Medication in the Salem District Court. The Salem News reported yesterday that the woman worked at Brightview, an assisted living complex in Danvers, Massachusetts. It is alleged that the defendant was swapping oxycodone and Vicodin with acetaminophen. A relative of one of the residents of the facility became suspicious and brought her concerns to the attention of the administrators of the home. An investigation resulted in the nurse being questioned. She confessed and was charged with six counts of Larceny and Possession of a Class B drug. The defendant apparently became addicted to pain medications after having orthopedic surgery.

Read Article:

Massachusetts Drug Crimes Lawyer, Danvers, Salem, Marblehead

There is a pretty interesting aspect to this case that is not often discussed or applied in Massachusetts Courts. The defendant's lawyer attempted to delay his client's arraignment in this case and put her in a drug treatment program. He wanted her to enter a five year sanctioned treatment program for which she already been qualified. This was a great effort on his part. Basically, get your client evaluated and treated. Then go to the district attorney's office and try to resolve matters prior to arraignment. If successful, the defendant's CORI remains entry free and future employment is not negatively impacted. The prosecution should be satisfied if it is determined by the evaluating and treating professionals that the defendant has addressed her problem and will likely not re-offend. Yet here, the district attorney opposed this effort and demanded the defendant be arraigned. The judge agreed with the prosecutor.

On its website, the Essex County District Attorney lists its own drug diversion program as an alternative to conventional prosecutions for people in this defendant's position. The link to the program is http://www.mass.gov/essexda/prevention-and-intervention/school-safety/essex-county-drug-diversion-program.html. The program sets out specific parameters. It is for non-violent drug offenders. It is mostly for people ages seventeen to twenty-six charged with drug or drug related crimes. The purpose of the program is to reduce drug abuse. The program is run through the various district courts in Essex County. The program provides "comprehensive substance abuse treatment services in lieu of being prosecuted through the traditional court process".

So why then would the prosecutors object to the defendant's request to continue the arraignment until the program was completed. The statute of limitations will not expire meaning that if the defendant fails to comply with the program's demands the district attorney can still prosecute her for these crimes. Her progress can be monitored by the probation department of the Salem District Court prior to arraignment thereby preventing the case from falling through the cracks. It seems to me then that the defense attorney's request was reasonable and consonant with the interests of justice. The position of the prosecution under these circumstances lacks substance. If their office policy endorses what the defense lawyer is seeking to impose then why voice an objection. Drug addiction is an illness that can be successfully treated. If this woman can benefit from such treatment then it seems reasonable that she be in the best position to go back to work. A clean CORI would make this much more likely than would having a drug entry.

Continue reading "Nurse at Danvers Massachusetts Assisted Living Facility Charged With Larceny of Prescription Drugs" »

Two days ago at about 10:30 in the morning two women were walking past a home in Lowell, Massachusetts when they noticed smoke coming from a roof. Firefighters were called and quickly surmised that the fire was coming from a wood burning stove. While at the scene the firefighters smelled an odor of marijuana. Consequently they called the Lowell Police. A Search Warrant was obtained. During the execution of the search warrant the police found evidence of what they have called a large-scale marijuana. Specifically, the police observed and seized twenty-nine marijuana plants and forty four pounds of packaged marijuana. They also found grow lights, a water filtration system and three thousand five hundred dollars cash, all Drug Paraphernalia indicative of an intent to distribute. The owner of the home, Angel Luna was charged with Distribution of Marijuana, a Class D Substance, a School Zone Violation and Trafficking Marijuana. Bail was set at three thousand dollars cash. Luna's defense attorney argued that the total weight of the marijuana when accurately calculated will be less than fifty pounds which is under the weight necessary to sustain a Marijuana Trafficking Prosecution in Massachusetts. The case is currently being prosecuted in the Lowell District Court.

Read Article:

Massachusetts Drug Crimes Lawyer

Trafficking Marijuana in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 94C Section 32E. The law states that anyone who trafficks in marijuana an amount of at least fifty pounds but less than one hundred pounds must serve at least one year in the house of correction. This is a minimum mandatory sentence. There is a maximum penalty of fifteen years in state prison.

One troubling aspect of this statute states that the substance trafficked does not have to be pure or have any degree of purity. Thus, the plants will be weighed individually and tallied with the packaged substance. The defense attorney's suggestion in this case is that a portion of this substance was for medicinal purposes and not for distribution. While the argument is perhaps legitimate Massachusetts does not have a medicinal marijuana law. Right now, only sixteen states have this type of law, those being Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. The District of Columbia has a similar law as well. Right now six states have medicinal marijuana laws pending before their legislature. Massachusetts is one of them. If the law passes and has a retroactive application then Luna might be able to avail himself of its provisions insofar as the plants are concerned. Of course, all of this assumes that the number of plants residents are permitted to grow falls within the facts of this case. But at least for now, if the total quantity of marijuana in this case exceeds fifty pounds Luna's defense will have to focus on his intent and show a jury that at least the plants were for his own personal use due to certain medical problems.

Continue reading "Lowell Massachusetts Firefighters Stumble on Marijuana Cultivation, Trafficking After Responding to a Call" »

Lowell, Massachusetts police were watching a Dublin Street address concerned about suspected activity. Then, this past Sunday, with the aid of drug sniffing dogs police were able to intercept a couple of United Parcel Services packages addressed to this location. It is estimated that the two packages contained at least seventy five pounds of marijuana. The drugs were located in heat sealed packages surrounded by coffee beans, a substance commonly used to mask the odor of the marijuana. Once the controlled substances were identified an undercover police officer, dressed as a United Parcel Services worker delivered the packages. They were received by Sanith Siv. Shortly thereafter, armed with a Search Warrant, Lowell Police officers arrived and searched the home where they found the drugs and Drug Trafficking Paraphernalia. Phaly Chhoeun opened the door. Also present were Mao Keo and Samnag Sath. All defendants have been charged with Trafficking Marijuana, a School Zone Violation and Conspiracy. Keo was charged with Possession of a Firearm in addition to the drug charges that all four are facing.

Read Article:

Lowell Massachusetts Drug Trafficking Defense Attorney

The defendants Massachusetts Criminal Lawyer in this case will likely mount a challenge to the search of the packages. The article is unclear as to whether the packages were opened prior to the undercover delivery or afterwards. Usually, once the drug sniffing dogs alert their handler to the package it is searched. If drugs are found it is then re-packaged and delivered in an undercover manner. That is probably what happened here. Two questions then have to be answered. First, should the reliability of the dogs' findings be challenged? Second, should the Search Warrant be challenged, particularly if the affiant is relying on the dog's work.

Not too long ago the Chicago Tribune reported findings only forty four percent of the time that dog sniffing dogs alerted their handler to drugs in cars did drugs or Drug Paraphernalia in fact exits. This can be attributed to the fact that dogs' noses are so sensitive that they can pick up residue from drugs no longer present at the scene where the dog makes its alert. The dogs might also be getting their cues from their handlers. When the driver of the car searched was of a particular race the accuracy dipped to twenty seven percent, thereby implicating a racial profiling issue. Getting the dog training records and alert history might be a beneficial discovery effort for the defendants in this case. Just how current the dog's certification is can be an issue that results in the suppression of the drugs and a dismissal of the case. Some courts have held that the use of a dog unjustifiably enlarges the scope of a routine traffic stop. As Supreme Court Justice Souter has said: "The evidence is clear that the dog that alerts hundreds of times will be wrong dozens of times."

Continue reading "Four From Lowell Massachusetts Plead Not Guilty to Marijuana Trafficking Charges, Conspiracy" »

A Massachusetts drug and major crime task force had been involved in a one month long investigation of Heroin Sales in the greater Brockton and Taunton areas. The investigation resulted in the arrest of Leah Nelson, Abel Parker and Bryan Donachie, all Massachusetts residents residing in Plymouth County. An article in the Brockton Enterprise states that police watched Donachie travel from Wareham to East Bridgewater in Nelson's car. Implicit in the article is that Donachie was using the car and making the trips as part of a Heroin Distribution effort. The officers obtained a Search Warrant for the car. This past weekend detectives saw the three defendants in the car. They approached and found Nelson in the driver's seat, Donachie in the front and Parker in the back. As they approached the car the officers saw Parker packaging heroin. All occupants were searched. The police found about ten grams on Donachie. Each defendant was charged with Conspiracy, a School Zone Violation and Possession with the Intent to Distribute Heroin, a Class A substance. Nelson's car was searched as well. There, officers located Drug Distribution Paraphernalia, about one thousand dollars worth of heroin and some heroin ingestion materials. Authorities claim that Donachie was purchasing about ten grams of heroin per day, breaking it down and reselling for a substantial profit. The cases are being prosecuted in the Brockton District Court.

Read Article:

Massachusetts Drug Crimes Attorney

The School Zone Violation is the biggest problem the defendants in this case, particularly since this case is being prosecuted in Plymouth County. The district attorney in that county does not like to break down school zone cases. The result is that the case will likely be litigated either through a Motion to Suppress, Motion to Dismiss or trial. The prohibition against selling drugs in school zones in Massachusetts is governed by Massachusetts General Laws Chapter 94C Section 32J. The law states that anyone who sells drugs or possesses drugs with the intent to distribute the drugs within one thousand feet of a school zone or within one hundred feet of a playground shall be punished by a minimum mandatory two year jail sentence. The defendant's intent or knowledge relative to the school zone itself is of no relevance.

From the perspective of a Massachusetts Drug Crimes Lawyer, it appears that Donachie and perhaps Nelson and Parker have drug problems. The presence of the needles and syringes supports that at least one, if not all of the defendants were using Heroin. Using narcotics is consistent with Possession, not the intent to distribute. The district attorney will argue that the act of packaging suggests otherwise. The evidence as taken from this article suggests that a combination of the two are at work here. At times this factor can motivate prosecutors to consider a reduction of the charges to something less onerous and perhaps something that will not include jail time. Much of this depends on the record of the accused, the extent of his or her drug problem and the quantity of drugs involved. In cases like this one, the defendants need a good lawyer.

Continue reading "East Bridgewater Massachusetts Drug Investigation Results in Arrest of Three, Charged with Possession with Intent to Distribute, Conspiracy, School Zone Violation" »

Just a couple of days ago a Massachusetts State Trooper stopped a car that he witnessed run a stop sign. His intention was to issue a citation to the driver. When he approached the car the passenger made a furtive movement towards his legs. The officer asked him to get out of the car. The passenger, Jesus Silva-Santiago complied. Then, according to reports Silva-Santiago punched the cop in the face. A chase followed. The trooper caught up with the defendant and the fighting continued. The trooper was able to subdue Silva-Santiago with the help of some Brockton police officers who responded in support. Jesus-Santiago was transported to the police station for booking. There, officers located eighteen bags of heroin tucked in his buttocks cheeks. Jesus-Santiago was charged with Possession With the Intent to Distribute Class A, Heroin, a Second and Subsequent Offense, Assault and Battery on a Police Officer and Disorderly Conduct. The case is currently in the Brockton District Court however it will likely be indicted and prosecuted in the Plymouth County Superior Court.

Read Article:

Brockton Drug Crimes Defense Attorney

As a Massachusetts Criminal Lawyer I really enjoy defending cases like this one. Like many Drug Crimes in Massachusetts, the strength of the district attorney's case lies in the legality of the police officer's actions. The stop of the motor vehicle will probably survive a challenge however the Exit Order may not. Exit Orders, ordering a driver or passenger out of a car, have become the source of considerable litigation in Massachusetts. The success of Silva-Santiago's defense will hinge on the validity of the trooper's actions in forcing the defendant to exit the car.

Federal Courts have embraced the rule that under the Fourth Amendment to the United States Constitution police officers may order both the driver and passenger out of a car. There is not need to show facts warranting the officer to be reasonable apprehensive. However, as is often the case, the Massachusetts Courts and Constitution provide more protection. A 1999 Massachusetts set out the rule for exit orders as follows: "art. 14 requires that a police officer, in a routine traffic stop, must have a reasonable belief that the officer's safety, or the safety of others, is in danger before ordering a driver out of a motor vehicle." The test is whether or not a reasonably prudent person in the police officer's position would be justified in believing that his safety or the safety of others was in danger.

The officer contends that Silva-Santiago "reached down below his legs". This gave him concern for his safety. So here is the question in this case. Did he have a reasonable belief that his safety or the safety of others was in danger based on what he saw Silva-Santiago do? The analysis for this challenge is done on a case by case basis viewing the totality of the circumstances. I would be interested in seeing the police report for this incident to see what if anything, in addition to the defendant's movements led the officer to fear for his safety. A successful Motion to Suppress might result in a dismissal of all the Drug Charges.

Continue reading "Brockton Man Charged With Possession With Intent to Distribute Heroin, Assault and Battery on a Police Officer After Motor Vehicle Stop Becomes Violent" »

Kaitlynn Niles of Lynn, Massachusetts and three friends rented a hotel room at the Red Roof Inn in Framingham, Massachusetts two days ago. At approximately eleven at night Niles went to the front desk and attempted to get change for a counterfeit fifty dollar bill. A wary employee recognized something to be wrong with the bill and called the police. The officers went to the room and noticed marijuana smoke coming from inside. They also saw money in plain view. Two of the occupants, Niles and Joshua Jefferson from Lowell gave false names to the officers. Jefferson was searched. In his possession police found four hundred fifty dollars cash and a scale. Jefferson admitted to making the money from Selling Marijuana. On of the other occupants in the room , Elias Breit admitted to buying from Jefferson. Officers conducted a Search of the room during which they located Drug Distribution Paraphernalia and more counterfeit cash. Jefferson has been charged with Distribution of Cocaine, a Second and Subsequent Offense, Distribution of Marijuana, Second and Subsequent Offense and Conspiracy. Niles was charged with Uttering a False Note.

Read Article:

Framingham Drug Case Defense Lawyer

Uttering a false note in Massachusetts is a felony. The proscription is set out in Massachusetts General Laws Chapter 267 Section 5 which states "[w]hoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in the four preceding sections, knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than two years." To prove this offense the district attorney must show four things beyond a reasonable doubt: 1) that the defendant either used or tried to use the note as being genuine, 2) that the note was counterfeit, 3) that the defendant knew it was counterfeit and 4) that the passing of the note was done with the intent to defraud. In this case the district attorney will want to introduce the additional counterfeit bills the police seized in the hotel room to show that Niles was not making a mistake when trying to change the fifty dollar bill, rather that she knew it was a fake and that she was trying to get real money in exchange for the fake. These cases are often continued without a finding particularly if the defendant does not have a criminal record and the amount passed is small.

As to Jefferson, he has some problems. I will repeat again my admonition that it is never a good idea to talk to the police without first engaging the services of a Massachusetts Criminal Lawyer. If the statements the police attribute to Jefferson are true then he has admitted to committing the felony for which he is being charged. This was stupid and unnecessary. Breit too made a big mistake. The facts of this article suggest that if he had said nothing then the charges against him might not stand and be subject to a dismissal after a Motions Hearing. Let me say it again. You have no obligation to talk to the police. When you do you are likely to get yourself in more trouble. Contact a lawyer before speaking to anyone.

Continue reading "Woman Who Tried To Change Counterfeit Bills At Framingham Massachusetts Hotel Gets Busted In Room With Three Friends On Drug Charges" »

Actress Brooke Mueller was in a bar known as the Belly Up nightclub this past weekend. There, it is alleged that she struck another woman. The police were called to investigate the incident. They spoke to the victim and looked for Mueller. The actress was later located at another nightclub. When confronted by the police Mueller poked an officer in the chest. Mueller was arrested and in her possession police found between four and five grams of cocaine. Mueller admitted to having the drug to share with her friends. Mueller, the ex-wife of actor Charlie Sheen is being arraigned this morning for charges of Assault and Battery, a misdemeanor and Possession With the Intent to Distribute Cocaine, a felony.

Read Article:

Massachusetts Drug Crimes Lawyer

If this case were being prosecuted in Massachusetts an Experienced Massachusetts Criminal Lawyer would probably get the charge of Possession With Intent to Distribute Class B reduced to Possession of Class B. The case would also be continued without a finding assuming the defendant had no criminal record or a minimal criminal record. The Assault and Battery charge would also probably continued without a finding on the condition that restitution, if any, be paid to the victim.

This case should also serve as a lesson to my readers. Never speak to the police. I repeat this admonition consistently. I have never had a client "talk his or her way out of" a criminal charge. It never happens. Had Mueller just shut her mouth she would not be facing a felony charge. Rather, she would have been charged only with Possession of Cocaine. Her admission that she intended to "share" the drug with friends makes this case a felony. My office is currently representing several people who have made similar statements to the police relative to Marijuana Possession. They client gets caught with less than an ounce of marijuana. This is no longer a crime in Massachusetts. But when the police ask what they are doing with it they cavalierly say that they are only smoking it with their friends. Now, the non-crime becomes a crime and they get charged with a felony. In essence, this law has given young people a false sense of security about what they can do with marijuana. This past weekend we had a similar experience. We had a client who was arrested for a Massachusetts Sex Crime. The police told him that if he wanted to get bailed out over the weekend he needed to cooperate with them. He called us from the police station and we told him not to talk to the police. He listened to us and was bailed out anyway. Again, the lesson is this: shut your mouth. Do not talk to the police. There is absolutely no upside to this if you are a suspect or defendant in a criminal case.

Continue reading "Brooke Mueller Charged With Possession With Intent To Distribute Cocaine, Assault And Battery Following Altercation In A Bar" »

This past weekend a thirty seven year old homeless Lawrence, Massachusetts man told police that he had been shot in the elbow. An investigation was quickly launched leading the police to an address on Broadway. Officers arrived, were permitted to enter the address and were presented with BB guns. They claim that at that time they were able to see drugs, heroin and marijuana in plain view on a table. The person present in the home was a woman (Torres) who quickly accused her husband, Tommy Galarza as the person to whom the drugs belonged. Torres and Galarza were both arrested and charged with various Massachusetts Drug Crimes. Officers then applied for and obtained a Search Warrant. During the execution of the Search Warrant the police located thirty five grams of cocaine, twenty five grams of heroin, oxycontin pills, assorted pills, cutting agents, a scale and cash. Both Torres and Galarza have been charged with Trafficking Cocaine and Trafficking Heroin as well as Possession of Class B With the Intent to Distribute. It is likely that a Conspiracy charge will be filed as well. Through these efforts Lawrence Police were also able to meet up with a man by the name of Brian Smith, a neighbor. Smith was charged with Possession with Intent to Distribute Cocaine and Possession with Intent to Distribute Heroin. These cases will likely be prosecuted in the Essex County Superior Court in Salem, Massachusetts.

Read Article:

Essex County Drug Crimes Lawyer, Salem, Lawrence

The case against Galarza seems to be the strongest for the defense. The police went to the home. He was not there. They see drugs in plain view in a common area in the home. There is no admission or confession by Galarza. His wife's statement cannot be used in court against Galarza and in my experience it is extremely for one spouse to testify against the other. In Massachusetts, when someone is present in a home where drugs are dealt the law makes clear that this presence, in and of itself, is insufficient to sustain a prosecution for drug dealing activities. There must be proof that the defendant had control, knowledge and power along with the ability and the intention to exercise dominion and control over the drugs. This is not present here. We have no idea when the drugs entered the home and whether or not Galarza was even present in the home when the drugs were present. His wife's self-serving, legally inadmissible statements cannot be used by the district attorney in a prosecution against Galarza. Massachusetts law states that presence and awareness standing alone do not constitute evidence that will warrant a jury to infer the intention and ability to exercise and control over the drugs. That being the case no one can reasonably argue that the facts in this case are sufficient as to Galarza to permit this prosecution to stand.

Continue reading "Lawrence Massachusetts Police Arrest Three People For Trafficking Heroin, Cocaine While Investigating Gun, Shooting Case" »

Deborah Toloczko and her husband Anthony Toloczko were on vacation in Las Vegas last week. Upon their return to Massachusetts they were met at Logan Airport by law enforcement officials. There, the Worcester County couple was arrested. It is alleged that the pair was growing marijuana in their Douglas, Massachusetts home. Last week, officers entered the Toloczko property and conducted a search. During the search officers found about one hundred twenty pot plants, two to three feet tall. They also located Marijuana Cultivation Paraphernalia including grow lamps, timers, climate control devices and an irrigation system. Officers also located Firearms they claim were improperly stored. Bail for the couple was set at two hundred fifty thousand dollars for Ms. Toloczko and five hundred thousand dollars for Mr. Toloczko. It is also alleged that over fifty pounds of marijuana was located, already packaged for sale. Seventy five thousand dollars cash was seized as well. Evidence taken from the scene led officers to apply for and obtain another Search Warrant where one pound of packaged marijuana was also located.

Read Article:

Worcester County Massachusetts Drug Crimes Defense Lawyer

As a Massachusetts Drug Crimes Defense Lawyer one criminal charge comes to mind that is omitted from this article; that being Trafficking Marijuana. The Massachusetts Marijuana Trafficking laws set the threshold for Marijuana Trafficking at fifty pounds. Trafficking fifty pounds up to one hundred pounds carries a mandatory minimum one year sentence and a maximum sentence of fifteen years in state prison. The amount of marijuana packaged just reaches this threshold. However, I imagine that the district attorney is also going to add in the amount of marijuana contained in the plants which will undoubtedly drive the quantity up.

There is always going to be a calculation problem for the prosecution when dealing with marijuana plants and usable marijuana that can come from that plant. Studies have shown that "enormous" marijuana plants can produce ten or even fifteen pounds of consumable substance. Some credible law enforcement agencies maintain that one "mature" plant will yield one pound of usable marijuana. The term "mature" is subject to interpretation. Keep in mind that indoor plants rarely exceed four feet in height whereas plants grown outdoors are often three to four times as tall. Horticultural practices also figure into the average yield of a plant. All of these factors make it difficult for the district attorney to prove the presence of a particular quantity of marijuana for which the accused is accountable. In this case this will likely be one of the issues raised by the defense. All of this makes me wonder why the bail was set so high in this case. It would not surprise me at all to see that the bail either has been lowered or will be lowered after the order of bail is appealed.

Continue reading "Worcester County Couple Charged With Cultivating Marijuana, Firearms Violation, Drug Conspiracy After Search Of Home Reveals Packaged Drugs, Plants" »

A twenty four year old Medford, Masschusetts man, Brian Falasca was attempting to visit an inmate at M.C.I. Framingham this past weekend. During a search of his person prison guards found a suboxone pill in his shirt pocket. Falasca was interviewed. He denied intending to give the pills to the inmate. He claimed to have forgotten that he had the pills in his pocket. Subsequently, Falasca's car was searched. In it authorities found forty five additional suboxone pills, some cash and Marijuana. Falasca has been charged with Possession With the Intent to Distribute Suboxone, Conspiracy to Violate the Controlled Substance Laws and Delivering Drugs to a Prisoner. The case is being prosecuted in the Framingham District Court.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1712042048/Man-charged-with-bringing-drugs-to-Framingham-inmate

Framingham Massachusetts Drug Crimes Defense Law Firm

Delivering Drugs to a Prisoner is a felony punishable by up to five years in state prison in Massachusetts. The crime is set out in Massachusetts General Laws Chapter 268 Section 28 which states that "[w]hoever gives or delivers to a prisoner in any correctional institution, or in any jail or house of correction, any drug or article whatever, or has in his possession within the precincts of any prison herein named with intent to give or deliver to any prisoner any such drug or article without the permission of the superintendent or keeper, shall be punished by imprisonment in the state prison for not more than five years, or in a jail or house of correction for not more than two years, or by a fine of not more than one thousand dollars." There is very little case law on this crime. The law is cited in two unpublished criminal cases and one non-criminal case. If the act of distribution or attempted distribution is witnessed by prison guards or others the case is difficult to defend. However, in this case a defense might be more successful.

Falasca's intent to deliver the drugs to an inmate has to be proven beyond a reasonable doubt by the prosecution. That might be a difficult task in this case. Suboxone is a drug used to treat opiate dependence. It is a medication that necessitates a prescription. It also has a street value and can be crushed and snorted to provide effect. Many people find it addicting in and of itself. Even if Falasca cannot produce a prescription the issue of his intentions is still material at trial. For instance, if he can show a heroin addiction a jury might well believe that he was trying to fight his urges through this medication. Or, he might have a dependency on this drug. Inadvertently possessing the substance does not indicate an intention to distribute or deliver the substance so proving this aspect of his case might be difficult.

As to the other counts, it is clear that challenging the Search and Seizure of Falasca's car and its contents will be an issue in this case. A successful motion to suppress will result in the exclusion of the forty five bags of suboxone, the marijuana and the cash as evidence at a trial against this defendant.

Continue reading "Medford Massachusetts Man Arrested, Charged With Trying To Bring Drugs Into Framingham Prison" »

Just one week ago an unidentified person driving a car in Lowell, Massachusetts made an observation he thought worthy of police investigation. He noticed that the driving of another car was stopped in traffic and sleeping. This individual was then observed "waking up" and driving in an erratic manner, nearly colliding with a utility pole. The Dracut police arrived shortly thereafter and arrested the man. It is alleged that the man was unsteady on his feet and that for his own safety no Field Sobriety Tests were given. It turns out that the driver of the suspect vehicle was an off duty paramedic. He was arrested and charged with OUI Drugs in the Lowell District Court. In the car police found some prescription pills, possibly some Heroin and some Drug Paraphernalia. These substances are being tested.

Read Article:

Experienced Massachusetts Criminal Lawyer.

Historically, Massachusetts Courts have approved of this strategy. For instance, in murder cases it is often the case that the medical examiner who performed the autopsy is unavailable to testify at trial. The district attorney will substitute this witness with another medical examiner who will review the first examiner's reports and records as well as the photographs taken during the examination. The substitute will then be allowed to provide an opinion as to the cause of death. This might however be coming to an end. In Bullcoming v. New Mexico, 131 S.Ct. 2705 (2011) the United States Supreme Court held that the Confrontation Clause does not permit the prosecution to introduce a forensic laboratory report containing a testimonial certification, made for the purposes of proving a particular fact, through the in-court testimony of an analyst who did not sign the certification or personally perform or observe the performance of the test reported in the certification. Bullcoming v. New Mexico, 131 S.Ct. 2705, 2710 (2011). Such surrogate testimony violates the confrontation clause unless the analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross-examine that particular scientist. I am hopeful that the Bullcoming decision once tested in Massachusetts will have application to drug recognition experts.

Continue reading "Paramedic From Lowell Massachusetts Charged With OUI Drugs After Being Stopped By Dracut Police" »

Medical marijuana is a phrase that refers to the cultivation, possession and use of the drug marijuana for medical purposes. It is used to relieve pain associated with terminal illnesses or diseases. Ingesting marijuana has made AIDS and some forms of cancer more manageable. There are many people who believe that marijuana has great value in the treatment of many medical problems. Recently, and throughout the country, medical marijuana laws are coming into existence. These laws vary from state to state and appear to conflict with federal marijuana laws. Federal law still trumps state law however there has been limited effort on the part of the federal government to prosecute people who are acting in conformity with their state laws as they relate to medical marijuana. The exception to this pertains to medical marijuana suppliers.

There now exist sixteen states that permit growing and using marijuana for medical purposes. These states are California, Washington, Rhode Island, Vermont, Michigan, Maine, New Mexico, Alaska, Colorado, Oregon, New Jersey, Hawaii, Montana, Delaware, Nevada and Arizona. Here is a look at how some of these states treat this issue of medical marijuana:

Alaska: Patients may possess up to one ounce and grow six plants;
Arizona: Patients may possess up to 2 ½ ounces and in certain circumstances grow up to twelve plants;
California: Patients can possess up to eight ounces and grow six plants;
Colorado: Two ounces and six plants.

All states that permit the use of medical marijuana regulate the diseases or medical conditions that qualify for the use and cultivation of the drug. For instance, Maine permits usage where the patient suffers from epilepsy, seizure disorders, glaucoma, and AIDS and chemotherapy related nausea. Montana lists these conditions and adds cancer in general, debilitating physical and mental conditions, severe or persistent muscles spasms and Chrohn's diseases.

Some states require payment of a fee for the use of medical marijuana and others require the patient or provider to carry a medical marijuana card.

Here is something everyone should be aware of. Even where medical marijuana is legal there exist criminal penalties for people who exceed what is permissible or manipulate the law. For instance, selling to people not eligible to possess, possessing more than the legal amount and cultivating more than is permissible can get you in trouble. Jail sentences are often authorized as punishment for those who violate these laws.

Massachusetts does not have a medical marijuana laws. Moreover, Possession of Marijuana in Massachusetts is not legal. Possession of less than one ounce of Marijuana in Massachusetts is no longer a criminal offense however it is an infraction that can lead to having to pay fines. Make no mistake about this however, Distribution of Marijuana in Massachusetts remains a felony under all circumstances. Do not assume that it is okay to sell, give away or share any quantity of marijuana in Massachusetts. This is a felony. If you get caught you will be prosecuted for this offense. If you have any questions about this law you should contact a Massachusetts Drug Crimes Lawyer right away.

Continue reading "An Overview of Medical Marijuana And Its Relation To Massachusetts Laws" »

Police allege that Samuel Gambaro of Providence, Rhode Island was involved in a drug operation spanning at least three states, Massachusetts, New Hampshire and Maine. An investigation into Gambaro's activities started in October of this year. Authorities claim that seven hand-to-hand sales to an undercover Massachusetts State Police Officer and a search warrant executed at a Lawrence, Massachusetts residence led to the criminal drug charges. The Search Warrant was executed at Bunkerhill Street. There, officers located over one hundred grams of heroin and sixty five grams of cocaine all said to have a street value in the vicinity of ten thousand dollars. Apparently the substances were located on a coffee table. Two other individuals were also charged with Massachusetts Drug Crimes as a result of this investigation. Santo Mota-Vizaino of Lawrence, Massachusetts and Francisco Carmona-Sanchez of Dorchester were charged with Trafficking Cocaine and Trafficking Heroin. Both have also been charged with Conspiracy to Violation the Massachusetts Controlled Substances Laws. Gambaro has been charged with Distribution of Class B and Distribution of Class A according to the Lawrence Eagle Tribune article. Gambaro is being held on one million dollars cash bail. Mota-Vizaino and Carmona-Sanchez are being held on fifty thousand dollars cash bail. These cases will most likely be prosecuted on the Essex County Superior Court in Salem, Massachusetts.

Read Article:

Drug Crimes Lawyers In Lawrence Massachusetts

While reading this article I could not help but wonder why the police needed seven controlled buys to achieve their goal. I understand that sometimes they want to build a relationship with the suspect in hopes of getting to the source of the drugs. And sure, if they are successful the police will get more drugs off of the streets. Yet sometimes, and all too often, they have another motive in mind. That is, to get the suspect to sell them greater quantities of drugs so that the crime, and ultimately the minimum mandatory sentence is greater. Some jurisdictions recognize this as a defense to the crime. The defense is known as sentencing entrapment. This occurs when the government makes someone, who may have a predisposition to engage in one sort of criminal activity (i.e. selling small amounts of a drug), to engage in more serious criminal activity that exposes that person to harsher punishment (i.e. trafficking a drug). The purpose of recognizing the defense is to discourage improper government conduct. Some jurisdictions recognize sentencing entrapment as a defense theory in drug cases that can result in the reduction of a sentence. Unfortunately, Massachusetts does not. See Commonwealth v. Garcia, 421 Mass. 686, 692-693 (1996).

So let's suppose that in this case Gambaro or his two co-defendants had an inclination to sell only small amounts of cocaine and heroin. Further suppose that this is all that they had ever sold and all that they were inclined to sell. If the undercover officer kept raising the amount he wanted to buy and essentially coerced the defendants to do so a sentencing entrapment argument could be made if this case were being prosecuted in a jurisdiction that recognizes the defense.

Continue reading "High Bail Set In Lawrence Massachusetts Drug Case Involving Charges Of Distribution Of Cocaine And Heroin" »