Massachusetts Criminal Defense Attorney Blog

Carlos Vergara of Philadelphia, Pennsylvania and Ana Maria Feliciano of Brockton were arrested after undercover police officers purchased drugs from the pair in the South Shore Plaza parking garage. According to reports this was not the first transaction involving the two in recent times. It is alleged that Vergara and Feliciano sold drugs in the Stoughton area and will be facing charges there as well. As to this incident, officers arranged to meet the two at the mall. An officer entered their car where he bought four bags of heroin and four bags of cocaine. Surveillance officers immediately descended and made the arrest. Both now face charges of Conspiracy, Distribution of Cocaine, Distribution of Heroin and a School Zone Violation. The article does not say how officers initially learned of the drug dealings of the two. Charges are pending in the Quincy District Court.

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http://www.enterprisenews.com/news/x699611902/Couple-charged-with-selling-drugs-in-South-Shore-Plaza-garage

Hand to Hand Sales of Drugs in Massachusetts

Drug sales to undercover police officers are rarely a cut and dry completely indefensible matter. Usually the officers get to the suspects through informants who provide information about the person's drug activities. Many times the information is inaccurate. Informants often get paid for their services. They might get cash. They might get some consideration for a pending case of their own. Their pending case might even get dismissed. Police who use informants are obligated to prove that the informant was reliable, the the information he provided was truthful and at times must be sufficiently corroborated. If these standards cannot be met then the undercover "controlled" purchase might be suppressed. I have no doubt that Search and Seizure issues will come into play in this case.

Continue reading "Brockton Resident And Another Arrested For Drug Dealing In Braintree Mall" »

According to the Metrowest Daily News Melissa Barbor and Larry Fitzpatrick, both of Framingham, Massachusetts have been charged with Massachusetts Drug Crimes. It was reported that shortly before 7:00 a.m. police arrived with a search warrant at their Alexander Street home. There is no indication about where the police located the drugs nor did the article reference the quantity of the substance seized. The two will be arraigned in the Framingham District Court. It is likely that the prosecution will remain in that court.

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http://www.metrowestdailynews.com/news/x49438535/Two-arrested-on-drug-charges-in-Framingham

Massachusetts Drug Defense Lawyers, Possession With Intent, Cocaine, Framingham

From this article I can assume a couple of things. One, the quantity of cocaine is less than fourteen grams. Had the police located and seized fourteen or more grams the charge would have been Trafficking rather than Possession With Intent to Distribute Cocaine. Two, the apartment lies within one thousand feet of a school zone. There are often successful defenses to cases such as this. If the search warrant was not properly issued the defendants can mount a constitutional challenge to the search. If a judge agrees that their rights were violated the remedy is usually suppression of the illegally seized substances. The result will be a dismissal of the case. Sufficiency of the evidence is also a defense in many cases like this one. The district attorney must prove that both defendants not only knew that the drugs were in the home but that both shared the intent to distribute the substances. Absent corroborating statements from the defendants this can be a difficult burden to sustain as to both defendants.

Continue reading "Two Framingham Residents Charged With Possession With Intent To Distribute Cocaine, School Zone Violation" »

Jamald Harrold is facing charges in the Essex County Superior Court in Salem, Massachusetts for Assault With a Dangerous Weapon, Trafficking Cocaine, Receiving a Stolen Motor Vehicle and a School Zone Violation. The case stems from a December 22, 2009 incident where Harrold got into a confrontation with his former girlfriend's brother. It is alleged that Harrold pulled a knife on the man who in turn armed himself with a baseball bat. Police were called. When they arrived they observed the defendant in a motor vehicle that had been reported stolen a few days earlier. Inside the car the police found over twenty eight grams of cocaine.

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Lynn, Massachusetts Man Looking At 7 Years Mandatory For Dealing Cocaine

Trafficking Cocaine in Massachusetts

The sentence for Cocaine Trafficking in Massachusetts rests primarily on the quantity of the substance that was sold or intended for sale. Over 28 grams mandates a five year state prison sentence. Add another two years to that conviction due to the school zone violation. The defenses to this case likely involve the ability of the prosecution to convince a jury beyond a reasonable doubt that Harrold knew that the drugs were in the car. Keep in mind that Harrold was charged with Receiving a Stolen Motor Vehicle, not Larceny of a Motor Vehicle. Implicit in this is the fact that he did not steal the car. It is also conceivable that whoever he borrowed the car from took never let him know that the car was stolen. Similarly, it is not inconceivable that that person was responsible for the drugs in the car, not Harrold.

Continue reading "Lynn Man Charged With Trafficking Cocaine, Receiving Stolen Motor Vehicle Held On Bail" »

Back in October of 2009 Jewil Guerrero of Boston was identified as a suspect in a drug dealing operation in the South Shore. Just the other day police were conducting surveillance of a Braintree home when they saw Guerrero pull up to the home in minivan and engage in discourse with another man who entered the vehicle. Police then stopped Guerrero's car and found marijuana in his lap. They also found thirty bags of heroin in a bottle in the driver's door armrest. Guerrero was charged with Possession With Intent to Distribute Heroin and Possession With Intent to Distribute Marijuana. The case is now pending in the Quincy District Court.

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South Shore Massachusetts Drug Investigation Results In Arrest

Possession With Intent to Distribute Heroin in Massachusetts

The crime of Possession With Intent to Distribute Heroin is a felony in Massachusetts. This crime can be prosecuted in either the Superior Court or the District Court. The maximum penalty for a conviction is ten years in state prison if the defendant is convicted in the Superior Court and two and one half years if the case stays in the District Court. The facts of this case suggest that a motion to suppress may come into play. The first question a Norfolk County Criminal Defense Lawyer might ask is why did the police stop Guerrero's car. The article is silent on this and if the police were acting on a hunch the stop might be deemed illegal by a judge and the drugs will be suppressed.

Continue reading "Boston Man Faces Heroin, Marijuana Charges In Quincy" »

Just two days ago DEA agents from the Bristol County office executed a search warrant at 61 Sunflower Drive, the home of twenty four year old Matthew Alsen. After entering the premises police located Alsen in his bedroom. Supposedly, after inquiry Alsen told the authorities that the drugs were in a closet behind a nightstand. The officers then located a large quantity of marijuana and one hundred fifty six Percocet pills. At the same time officers from Raynham kept a surveillance of Alsen's mother's home. She eventually consented to a search of her home where the officers found over one hundred thousand dollars cash. Bail in the amount of five thousand dollars cash was set in the Taunton District Court where Alsen was charged with Trafficking Oxycodone and Trafficking Marijuana. The case will be prosecuted in the Bristol Superior Court in New Bedford.

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Pot, Oxycontin and $100,000 Cash Seized During Bristol County Raid

For several reasons Alsen needs to hire an Experienced Massachusetts Drug Trafficking Lawyer immediately. While the charges are severe there may be some defenses to this case and with the right Massachusetts Criminal Defense Lawyer the potential damage might be minimized.

Trafficking Marijuana in Massachusetts

To satisfy the minimim for trafficking marijuana in Massachusetts the defendant, Alsen, must have possessed at least fifty pounds of the substance. The district courts have jurisdiction over this amount of marijuana and can sentence someone for up to two and one half years in the house of correction with only one year of that sentence being a minimum mandatory. Depending on the quantity of the marijuana and the oxycodone as addressed below, the future for Alsen might not be as bleak as the article seems to suggest.

Trafficking Oxycodone in Massachusetts

Oxycodone is a Class B substance in Massachusetts. As I have mentioned in several previous posts all trafficking cases in Massachusetts carry a mandatory minimum sentence. The length of the sentence depends on the quantity of the substance trafficked. In this case the prosecution is alleging that the 156 pills constitutes a weight that satisfies the element of weight for trafficking. They may in fact be wrong depending on the number of milligrams of each pill. If these were typical oxycodone pills they were eighty milligrams each. That would not amount to a trafficking weight.

Continue reading "Bristol County Man, 24, Charged With Trafficking Oxycodone, Marijuana After Drugs And Cash Seized During Raid" »

Authorities allege that Marcelo Perez of Lawrence, Massachusetts was carrying a loaded .38 caliber firearm at the same time he made a delivery of over twenty eight grams of cocaine. Apparently an investigation was focused on a Dunkin Donuts parking lot on Main Street in Haverhill. It is unclear as to how the police knew or suspected Perez to be involved in drug dealing or what reason they had for apprehending him. He is being charged in the Haverhill District Court with Trafficking Cocaine Over 28 Grams, Possession of a Firearm, Possession of Ammunition and Possession of a Dangerous Weapon. This case will ultimately be prosecuted in the Essex County Superior Court in Salem. The street value of the cocaine is estimated at over six thousand dollars.

Read Article: Drug and Gun Charges for Lawrence Man Caught Trafficking In Haverhill As a Massachusetts Drug Case Defense Lawyer there are several things I would like to know about this case. What information did the police have that Perez was involved in drug trafficking. In order to legally stop and search him the police must have probable cause. That can be established in many ways yet this article does not even hint at the reasons the police targeted this man. I assume an informant provided certain information from which the police launched their investigation but that information must also meet a constitutional threshold before it justifies them stopping and searching Perez. I would also want to know whose car Perez was driving and who, if anyone he was meeting in the parking lot. As with most drug cases, I would expect to see a Motion to Suppress vigorously litigated in this case.

Continue reading "Lawrence Man Caught Trafficking Cocaine, Gun Possession In Haverhill Faces State Prison Time" »

On December 30, 2009 police on Cape Cod searched an apartment located at 6A Holly Street in Onset, Massachusetts. There they found prescription drugs, a large quantity of cocaine, an assault rifle, a handgun and ammunition. Both weapons were loaded. At the scene were Manuel Pina-Agee and Amanda Muller, both of Wareham. Both were arrested that night and charged with drug and gun violations. Not present was Theodore Lopes who has also been charged with these offenses. Police have been searching for Lopes since the home was searched. Lopes has been charged with Trafficking Cocaine and Gun Possession, both felonies in Massachusetts.

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Police Search For Cape Cod Resident Charged With Drug Trafficking, Gun Possession

When looking at this case any Plymouth County Massachusetts Drug Defense Lawyer who handles cases in Wareham would immediately want to know how is it that three people have been charged with these crimes. When a home is searched and more than one person is present there is always an issue as to who had ownership or possession of the illegal items. Simply being present where a crime is being committed is insufficient to sustain a conviction. In these cases motions to dismiss are usually filed and are often successful. Here is another thought. Why is Lopes being charged with these crimes? The article suggests that he was not present when the search took place. Had he been he would have been arrested. It is difficult and many times impossible for the district attorney to legally link someone to criminal activity when the person is not present, particularly in the case of drug matters and searches. This might very well be the type of case that Lopes can win.

Continue reading "Three From Wareham Charged With Drug Trafficking, Gun Possession After Search Of Apartment " »

Diomedes Junior Lugo and his mother's boyfriend were fighting at their Leach Street home in Salem, Massachusetts on Wednesday. The concerned mother called the police who arrived shortly before 6:00 p.m. Neither the son nor the boyfriend were present initially. The police looked around and found the son, Lugo hiding in the basement. Lugo resisted their efforts to search him for weapons. Lugo started to cry and admitted to having cocaine in his pocket. It turns out the amount exceeded twenty eight grams. Lugo now stands charged with Trafficking Cocaine in Excess of 28 Grams, School Zone Violation, Assault and Battery on a Police Officer, Resisting Arrest and Possession With Intent to Distribute Cocaine. Bail was set in the Salem District Court in the amount of ten thousand dollars. The case will be prosecuted in the Essex Superior Court.

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Salem Man, 20 Looking At 7 Year Mandatory For Cocaine Trafficking

Any Salem, Massachusetts Cocaine Trafficking Defense Lawyer can sense that something is terribly wrong with this story. If Lugo and and mother's boyfriend are fighting and the boyfriend left the home he obviously knew that she had called the police. If he knew then Lugo knew as well. Why then would Lugo place an ounce of cocaine in his pocket? No one would. It is stupid. There must be many places where the cocaine could have been hidden until after the police left the premises. The article went on to say that the police believed that there was evidence that Lugo was selling cocaine. If he was a cocaine dealer selling from his home there would be no need to keep the substance on his person particularly where the police were on their way to the house. Lugo's defense lawyer will most likely exploit these points.

Continue reading "Salem Man Facing 7 Years For Cocaine Trafficking" »

On December 31, 2009 Frank Garcia was pulled over by Billerica Police on what has been called a motor vehicle infraction. During the stop the officers became suspicious that Garcia might have been involved in selling drugs so they called for a couple of canine officers. Garcia was detained until the canine units arrived. The dogs apparently gave an indication that drugs were present and Garcia's car was searched. Inside the police found over four hundred grams of cocaine and twelve thousand dollars cash. Garcia was arrested and subsequently charged with Trafficking Cocaine in Excess of 200 Grams, Possessing and Uttering a False Driver's License and Giving a False Name to Police Officers. The case will be prosecuted in the Middlesex Superior Court in Woburn.

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Billerica Police Make Cocaine Bust Resulting In Trafficking Charges

How does a "routine motor vehicle stop" result in a suspect being detained until drug sniffing dogs are brought to the scene? This article certainly does not answer that question. I assume that the false driver's license and providing a false name to police officers was not detected until after the search revealed the large quantity of cocaine. Otherwise, Garcia would have been arrested and charged with the Massachusetts Motor Vehicle Offenses, his car would have been inventoried and towed and he would have been released on a rather low bail. The prosecution is going have to establish the legality Garcia's detention or arrest and the search of the car because the Massachusetts Cocaine Trafficking Defense Lawyer defending Garcia will try to get the stop, detention, search and ultimate arrest dismissed through a Motion to Suppress.

Continue reading "Lawrence Massachusetts Man Caught With Over 200 Grams Of Cocaine Charged With Trafficking" »

Just before midnight this past Sunday night a Massachusetts State Police officer pulled Corey Oliver over after observing him swerving in and out of traffic and committing several other Motor Vehicle Crimes. During the stop the Trooper found twelve pounds of marijuana in an undisclosed location in the car. Oliver was arrested and charged in the Newburyport District Court with Possession With Intent to Distribute Marijuana and Possession of Marijuana. Oliver was arraigned and held on ten thousand dollars cash bail.

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Marijuana Charges Issue For Maine Man Caught With 12 Pounds In Car

Ten thousand dollars cash bail seems pretty high for a case of this nature. Sometimes bail for out of state residents is set higher than it is for in state residents. There is often a fear that absent some incentive out of state defendants might not return to Massachusetts to defend their cases. Assuming Oliver has no criminal record or a minor record I would think the bail will be reduced after a bail appeal in the Essex Superior Court in Salem. I would not be surprised if he already posted bail.

The case itself suggests a couple of defenses. Constitutional issues come into play any time there is a seizure of evidence. A Motion to Suppress either the stop or the search of the car or both will likely be filed. It would be interesting to learn the location in the car where the drugs were found. If not in plain view then suppression of the drugs might be viable. If the drugs were in plain view why did the police refuse to disclose that in court? Other factors to consider are 1) was anyone else in the car with Oliver; 2) who owned the car; 3) what factors suggest that Oliver had knowledge that the drugs were in the car; 4) why would anyone with a large quantity of drugs drive in the manner Oliver did if he had knowledge that drugs were in the car? Any good Massachusetts Drug Lawyer would love to defend this case.

Continue reading "Man Charged With Possession With Intent To Distribute Marijuana In Newburyport After 12 Pounds Found During Traffic Stop" »

Ryan Caverly is thirty one years old. He currently lives in Lynnfield, Massachusetts. He and twenty five year old Vincent Migliore of Everett were arrested on Monday. Both were charged with Trafficking Oxycodone Over 14 Grams, Trafficking Oxycodone Over 28 Grams and Conspiracy to Violate the Massachusetts Drug Laws. Adriana D'Alleva was also arrested on drug charges and charged with Trafficking Oxycontins. The district attorney is alleging that the defendants sold eight hundred oxycodone pills and one hundred ecstasy pills over the past few months to undercover police officers. Caverly is being held on five hundred thousand dollars cash bail, Migliore on two hundred fifty thousand dollars and D'Alleva on ten thousand dollars. It appears that the investigation might have started when Migliore was found in possession of eighty five thousand dollars at an Amtrak station in Chicago. During Caverly's arrest police found thirty two thousand dollars cash, some drugs and drug paraphernalia. Migliore was found in possession of three hundred ninety nine oxycodone tablets at the time of his arrest. Right now the cases are pendint in the Peabody District Court however it is expected that the prosecution will take place in the Essex County Superior Court in Salem.

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Three From Massachusetts Charged With Trafficking Oxycontins

The facts of this article suggest that at least in Caverly and Migliore's cases a Massachusetts Criminal Defense Lawyer will be looking closely at Search and Seizure issues. What prompted the investigation in the first place? Was it the seizure from Migliore in Chicago and if so, why did law enforcement seek him out? Was this a coincidental stop or did they have information suggesting that he was involved in illicit drug trafficking activity? The next question is how did that lead them to Caverly? Was he an active conspirator? And what is D'Alleva's role in all of this? If the police investigation was questionable at any level motions to suppress will be filed. If successful these can result is exclusion of drug evidence at trial and possibly a dismissal of the case. It also seems strange that this case is being prosecuted in state court rather than in Federal Court particularly given what appears to be an active role of federal law enforcement in this investigation. Cases that have weaknesses from the prosecution's viewpoint are rarely prosecuted in the Federal Courts. Perhaps this is good news for Caverly, Migliore and D'Alleva.

Continue reading "Two Massachusetts Men Charged With Trafficking Oxycontins In Peabody Court" »

According to the Brockton Enterprise a forty three pound package of Marijuana was shipped from the Midwest to a home in Pembroke, Massachusetts addressed to "Pembroke Little League". There, Anthony Merlino of Falmouth, Massachusetts took possession of the package and loaded it into a truck. Police officers aware of the situation were surveilling the area. When Merlino loaded the package he was arrested. He now stands charged with Possession With Intent to Distribute Marijuana. The case is currently being prosecuted in the Plymouth District Court. Police provided little comment on the event suggesting that their investigation was still pending.

At first glance most Plymouth County Drug Crimes Defense Lawyers would suspect that this case implicates Search and Seizure issues. Here are some questions that immediately come to mind. Why was that location under surveillance? Obviously the police were tipped off to the possible existence of Drug Crime activity at that address. How reliable was the person who provided the information on which they were relying? In order to survive constitutional scrutiny and a Motion to Suppress the district attorney is going to have to show that the informant was reliable or that the information he provided was sufficiently corroborated to enable them to arrest Merlino. What do the police reports say about the duration of the investigation and the information adduced from the investigation? As a Massachusetts Criminal Defense Lawyer Who Handles Drug Cases I love the challenges cases like this bring. Please visit our Case Results page to see examples of some of the cases we have successfully defended.

Continue reading "Falmouth Massachusetts Man Caught With 43 Pound Of Pot Charged With Possession With Intent To Distribute In Plymouth" »

The Lawrence Eagle Tribune reported today that Paul Arlit of Lawrence, Massachusetts has been charged with Rape of a Child under the age of sixteen. Apparently the case came to light when a therapist told the police about a Sexual Assault involving Arlit and a fourteen year old girl. The assault is said to have occurred several weeks ago. It is alleged that Arlit and the girl were in his basement where he touched her inappropriately and asked her to perform a sex act. The police report suggested that Arlit admitted to having committed some criminal activity of a sexual nature involving the girl and to having smoked Marijuana with her. Bail has been set at five thousand dollars cash.

The article fails to specify whether or not the charge is Rape of a Child With Force or simply Rape of a Child. The latter version of this crime is also known as Statutory Rape. Both Rape and Statutory Rape in Massachusetts carry potential life sentences. These cases are felonies and they are prosecuted in the Superior Courts. As a Lawrence, Massachusetts Rape Defense Lawyer in this case I would like to know who made the disclosures to the therapist and in what context the statements were made. The rules of evidence have different applications when the victim made the statements or the defendant makes the disclosure. Excluding these statements often makes successfully defending the case before a jury easier.

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Krysty Sampson of Abington, Massachusetts was awakened Thursday morning by a man standing at the foot of her bed, carrying a knife and demanding money. Apparently Ms. Sampson chased the intruder from her home and down the street. A neighbor witnessed these events and called the police. Ms. Sampson's yell for help during the incident alerted the neighbor to the problem. Police officers responded and noticed a strong odor of marijuana coming from the basement. They investigated and found growing equipment and eighty three marijuana plants. Ms. Sampson's husband was not home at the time however both have been charged with Cultivating Marijuana. The case is being prosecuted in the Brockton District Court.

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Possible Possession With Intent To Distribute Marijuana Charges Loom Over Abington Home Invasion Victim

Cultivating Marijuana in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 32C. The law states that anyone found guilty of this crime can be sentenced for up to two years in the house of correction. This crime is a Misdemeanor in Massachusetts meaning that the punishment for the crime itself does not include a state prison option. A Massachusetts Criminal Defense Lawyer with Experience in Brockton Courts might be able to get this case continued without a finding, particularly if the defendants do not have criminal records.

Continue reading "Victim Of Massachusetts Home Invasion Charged With Drug Crime After Responding Police Officers Find Marijuana Plants Being Cultivated In Basement" »

The Lawrence Eagle Tribune yesterday reported that at midnight this past Sunday Methuen Police responded to a call from a witness who witnessed a heated argument between two men and a woman in a parking lot near Lawrence, Massachusetts. The police observed two men driving away from that area and a woman walking next to the car they were in. The police approached the car and the men ran off. Supposedly the passenger, Andrew Howard of Haverhill began fighting with the pursuing officers. He was tased. The driver, Richard Farrell of Methuen complained that he was sick and was taken to a local hospital. When he got there he fled. Inside the car the police found over a pound of marijuana and ten thousand dollars cash. Both men have been charged with Possession With the Intent to Distribute Marijuana. Howard faces the additional charges of Assault and Battery on a Police Officer, Resisting Arrest, Threatening to Commit a Crime and Illegal Wiretapping due to his recording the event on his cell phone. The woman was not arrested or charged.

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Drug Charges For Two Massachusetts Men Who Ran From Police After Stop

Defense attorneys should have a great time with this case. How is it that prosecutors can attribute the marijuana to both of these defendants and not the girl? What evidence is there that either or both knew about the marijuana that was supposedly hidden in the car? How was Howard able to flee the scene, fight with the officers, get tased, resist arrest and record the entire incident? What evidence does the district attorney have to show that Howard or Farrell had the requisite intent or even knowledge under Massachusetts law to satisfy their burden of "intent to distribute"? Experienced Drug Defense Lawyers in Massachusetts have a tremendous amount of material with which to fight this case provided the article is accurate and sufficiently detailed. I would expect to see motions to dismiss or suppress or possibly both filed in this case. I can see certain scenarios wherein either or both defendants can win this case or walk out without a criminal record.

Continue reading "Men From Haverhill And Methuen Massachusetts Charged With Possession With Intent To Distribute Marijuana After Brief Chase" »