Massachusetts Criminal Defense Attorney Blog

Brockton, Massachusetts police officers were on routine patrol Monday evening when they observed a group near a certain car. The police approached the group and the car pulled away. Officers noticed that the car did not have a valid inspection sticker. They pulled the car over. They also saw someone in the car making movements they believed to be suspicious. The car was searched. The officers found one hundred seventy grams of marijuana and a .380 caliber handgun. The driver, Vanden Keith and his occupants, Olivio Correia and Timothy Correia were arrested. Both Keith and Olivio Correia were charged with Conspiracy, a School Zone Violation and Possession With Intent to Distribute a Class D Substance, Marijuana. Timothy Correia faces the same charges as well as a complaint for Carrying a Firearm. The cases are pending in the Brockton District Court.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1169807821/Brockton-police-gang-unit-arrests-three-for-drugs-handgun

Brockton Drug Defense Lawyer

Massachusetts General Laws Chapter 94C Section 40 codifies the crime of conspiracy in Massachusetts. The law states that anyone who conspires to violate the controlled substances laws in Massachusetts shall be punished. The maximum penalty for conspiracy is the same as the maximum sentence authorized for the offense that underlies the conspiracy charge. There is no minimum mandatory sentence for a conspiracy conviction. The standard for proving a conspiracy his high. Massachusetts Courts have held that even where police officers, who had been observing the occupants of an automobile drinking and smoking for twenty minutes, and saw the driver, who appeared to be very high on something take a bag later found to contain a controlled substance from the front seat and stash it under the seat lacked sufficiency to support a finding that a rear-seat passenger had conspired to violate the Controlled Substances Act. Facts like these might be applicable to the Keith and the Correias.

Continue reading "Brockton Teenagers Charged With Drug Possession, Conspiracy, Gun Possession After Routine Traffic Stop" »

Detectives from Ipswich, Massachusetts and Beverly, Massachusetts observed a car being driven by Brian Sotiropoulos. The police had prior dealings with Sotiropoulos and his girlfriend, Cassandar Thomas, both from Georgetown, Massachusetts. It has been reported that the two were arrested in Ipswich on another occasion for Possession With the Intent to Distribute Marijuana and Conspiracy. The officers followed Sotiropoulos to a location where they saw him engage in what appeared to be a drug transaction. Sotiropoulos was pulled over. A subsequent search of his car revealed Percocet pills and OxyContin pills. Authorities allege that Peter Dolan of Ipswich was the buyer of illicit substances during the purported transaction. He was found in possession of four Percocet pills. Also located in Sotiropoulos' vehicle was marijuana and Xanax. Both Sotiropoulos and Thomas are charged with Drug Trafficking, Conspiracy and Possession With Intent to Distribute Drugs. Dolan has been charged with Possession of Drugs. The cases are pending in the Newburyport District Court. The district attorney's office will most likely indict the trafficking cases and the prosecution will take place in the Essex County Superior Court in Salem.

Read Article:

http://www.salemnews.com/local/x1772339275/Trio-arrested-on-variety-of-narcotics-charges

Massachusetts Drug Trafficking Defense Lawyer, Newburyport, Essex County, OxyContin

The easiest case to focus on given the limited information in this article is Thomas' exposure. By all accounts she was no more than a passenger in Sotiropoulos' car. She had no role in the alleged transaction. There is no evidence that she possessed or aided or abetted in any drug distribution efforts. Being present during the commission of a crime without more does not give rise to guilt. There must be more. There must be some type of active involvement and an intent to engage in criminal activity. Thomas might prevail on a motion to dismiss. Sotiropoulos will have to take a different approach to defending his case. One thing is certain. He will be moving to suppress the stop, search and seizure of his vehicle and its contents.

Continue reading "Two From Georgetown, One From Ipswich Arrested, Charged With Drug Trafficking, Possession" »

Thomas Colbert of Brockton, Massachusetts was arrested Monday and charged with Trafficking Marijuana. It was reported that Colbert went to a shipping facility where marijuana had just been delivered. He arrived in a rented truck. Apparently authorities had been tipped off by a trucking company in Abington that suspicious packages had been delivered from a California address. Drug sniffing dogs alerted police to the possibility that the packages contained marijuana. Colbert, a local wedding photographer tried to take possession of the packages and was arrested. Police located about seven hundred pounds of marijuana in the boxes. The drugs were "professionally wrapped" to conceal the odor of the drugs. The street value of the substance is estimated at over one million dollars. Colbert's relatives pooled their money and came up with the forty thousand dollars bail money.

Read Article:

http://www.boston.com/news/local/massachusetts/articles/2010/08/18/abington_arrest_nets_1m_in_marijuana/

Plymouth County Superior Court Marijuana Trafficking Lawyer

Massachusetts General Laws Chapter 94C Section 32E is the charge Colbert must defend in this case. The law in Massachusetts states that anyone convicted of Trafficking Marijuana in Excess of one hundred pounds and less than two thousand pounds must serve a minimum mandatory three year sentence if convicted. The key to the prosecution's success in this case will be established by Colbert's actions at the time he was at the trucking facility coupled with any evidence preceding his arrival suggesting that he intended to access the substance. Renting a truck is certainly a factor that works against him absent a realistic and innocent explanation for that act. What strikes me as odd in this case is that the sender went to great lengths to ensure that the marijuana was packaged in a manner to would avoid drug detection by dogs. Apparently they used fabric softener, shrink wrap, newspapers and grease to mask the odor. How then did the dogs end up smelling the substance. If law enforcement opened the substance prior to the dogs alerting them to their finding then Search and Seizure issues are implicated and perhaps a Motion to Suppress might succeed.

Continue reading "Brockton Man Charged With Trafficking Marijuana Posts $40,000 Bail" »

Francis O'Leary and Brian Aylward both of Lowell, Massachusetts have been charged with Trafficking in OxContins in Middlesex County. According to a report in the Lowell Sun, Lowell police were told that O'Leary was on his way to the scene of the arrest to pick up some drugs. The police were also tipped off as to what Aylward looked like and the type of car he would be driving. Confirming the tip the police saw the car. They pulled it over for an expired sticker. During a search officers located marijuana, heroin, oxycontins and percocets as well as a significant amount of money. Both O'Leary and Aylward have served lengthy state prison sentences. Some of the charges issued include a School Zone Violation, Trafficking Class B, Possession With Intent to Distribute Class C, Possession with Intent to Distribute Class D, Possession of Class B, Possession of class A, Heroin, Conspiracy and more.

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Two From Lowell With Felony Convictions Charged With Drug Trafficking

Typical to any drug case involving a stop and search of a motor vehicle the key to the defense of this case will likely rest on the constitutionality of the Motor Vehicle stop. Here, the question will be "Did the expired inspection sticker give police the right to further search the car or was there some other reason that the search ensued?". Additionally, the credibility and reliability of the informant may come into play. The basis of the information supplied by this person to law enforcement and whether or not this person has proven to be reliable in the past are factors to be weighed when determining whether or not a constitutional violation has occurred.

Continue reading "Two Lowell Men Arrested, Charged With Drug Trafficking, OxyContins" »

Tyrone Farrar of Lawrence, Massachusetts was arraigned yesterday in the Newburyport District Court on charges of Statutory Rape. Farrar, a security guard at the Frost School is accused of having consensual sex with a fourteen year female student from that school. Initially, Farrar, the victim and the victim's mother all denied that Farrar's relationship with the girl was of a sexual nature. This changed however this past weekend when Farrar was arrested for OUI Drugs in Salisbury, Massachusetts with the girl in the car. The prosecution alleges that after the arrest both Farrar and the girl admitted to having sexual relations on several occasions over the past year. The victim claims that the sex started when she was thirteen years old. Reports state that Farrar was also the girl's basketball coach. Farrar has been held without bail pending a dangerousness hearing. Charges are now pending in the Newburyport District Court. The Rape of a Child charges will be indicted and prosecuted in the Essex County Superior Court in Salem.

Read Article:

http://www.eagletribune.com/local/x1243783675/Lawrence-school-security-officer-charged-with-statutory-rape

Essex County Statutory Rape Defense Lawyer

Farrar is in a lot of trouble. Back in June of this year a Melrose, Massachusetts basketball coach, James Connor plead guilty to similar charges and was sentenced to twenty to thirty years in state prison. Connor was fifty two years old at the time. He will be eligible for parole when he is seventy two years old. While many people think that the "consensual" nature of Statutory Rape (Rape of a Child in Massachusetts) lends itself to leniency often times it does not. Farrar, as a security guard and coach is in a position of trust when it comes to the development and safety of the people under his care. A violation of that trust particularly in a sexual manner is often punished harshly in Massachusetts. The sexual acts, helping the victim sneak out of her house, the presence of drugs and a firearm, having the girl out into the early hours of the morning will all factor into his sentence if Farrar is convicted. In so many regards this case presents great challenges for Farrar's Massachusetts Criminal Defense Attorney.

Continue reading "Lawrence Security Guard, Coach, Charged With Statutory Rape In Essex County" »

Jorge Fernandez of Waltham and Antonio Rodriguez of Revere have both been charged with Cocaine Trafficking in the Middlesex County Superior Court in Woburn. Bail has been set at forty thousand dollars and one hundred thousand dollars respectively. The charges stem from an incident in Waltham alleged to have occurred on March 8, 2010. It has been reported that on that day an officer heard a loud noise that he was investigating. In doing so he observed a black Mercedes with Florida plates parked in an alley. The officer then saw a large amount of cash on the center console of the car. The officer questioned the occupants, Fernandez and Rodriguez and became suspicious with their responses. The officer then searched the car and located over two hundred grams of cocaine and over eight thousand dollars in cash. Both were charged with Trafficking Cocaine in Excess of Two Hundred Grams.

Read Article:

http://www.dailynewstribune.com/news/copsandcourts/x999356885/Grand-jury-indicts-two-men-charged-with-trafficking-cocaine

Middlesex County Cocaine Trafficking Defense Lawyer

As I have mentioned in several previous blog posts it is likely that the defense in this case will center on the legality of the Search and Seizure. Based on the facts in this article this one seems tough. Our Courts have held that "[i]f policemen are to serve any purpose of detecting and preventing crime by being out on the streets at all, they must be able to take a closer look at challenging situations as they encounter them...Like many other courts, we have held that HN3the use of a flashlight to look into the interior of a car in such situations does not amount to a search at all." Here, once the flashlight illuminated the car the officer decided to question the occupants. Their responses prompted more concern and ultimately the search of the vehicle.

Continue reading "Men From Waltham, Revere Charged With Trafficking Cocaine In Middlesex County" »

Just recently police in Framingham, Massachusetts were involved in an investigation involving Rafael Lopez and a Connecticut man. They had information that Lopez was selling cocaine. Lopez had an apartment in Framingham from which police observed people enter and quickly leave. This they believed to be consistent with drug related activities. Police also engaged in controlled purchases of cocaine. This past Sunday the police executed a Search Warrant to Lopez's home. They found Rafael Lopez and Julio Lopez inside the apartment with some cocaine cutting agents and cocaine. Also located during the search was the money used during the controlled buy. Both men have been charged with a School Zone Violation, Trafficking Cocaine in Excess of 28 Grams, Conspiracy and Possession With Intent to Distribute Marijuana. The case is currently in the Framingham District Court but will ultimately be prosecuted in the Middlesex County Superior Court in Woburn.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x104356070/Framingham-men-charged-with-cocaine-trafficking

Massachusetts Drug Trafficking Defense Attorney

Many cases are successfully won by Massachusetts Drug Trafficking Lawyers by filing Motions to Suppress and challenging the legality of a search. Police need probable cause to get a search warrant. The threshold for obtaining a warrant is high. The fact that a warrant was issued by a magistrate does not ensure that the search was lawful. Usually, when lawyers win motions to suppress the drugs that were seized by the police officers are excluded from evidence at trial. For all practical purposes this ends the prosecutions' case.

Continue reading "Two Men Charged With Trafficking Cocaine In Framingham" »

This past Thursday Santo "Macho" Suarez of Lawrence, Massachusetts was arrested and charged with Breaking and Entering, School Zone Violation and Distribution of a Class B Substance, Crack Cocaine. He was also charged with Resisting Arrest and Disorderly Person. According to reports Suarez sold Crack Cocaine to an undercover police officer. As officers attempted to apprehend him Suarez took off in his car. He then abandoned the car and fled on foot. He broke into a home and hid in a closet. He then resisted police attempts to arrest him. Suarez also has a prior conviction for Distribution of Cocaine in Lawrence.

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http://www.eagletribune.com/local/x1907084331/Police-Man-hid-in-house-after-selling-drugs-to-officer

Lawrence, Massachusetts Cocaine Distribution Defense Lawyer

Massachusetts General Laws Chapter 94C Section 32A states that anyone convicted of distributing cocaine after having been previously convicted of the same offense shall be punished by a minimum mandatory three year sentence. This is a felony in Massachusetts. The district court does not have jurisdiction over this crime so unless the district attorney agrees to reduce the charges Suarez is going to be prosecuted in the Essex County Superior Court in Salem. Hand to hand sales to undercover officers are very difficult to defend. Experienced Massachusetts Criminal Lawyers who try cases like this one often employ an entrapment defense. This requires the prosecution to prove beyond a reasonable doubt that the defendant was predisposed to committing this crime and that his will was not overborne by aggressive police officers.

Continue reading "Lawrence Man, Santo "Macho" Suarez Charged With Distribution Of Cocaine, School Zone Violation" »

The defendant was indicted by a Massachusetts Grand Jury and charged with Trafficking Cocaine over 28 Grams. He was also charged with a School Zone Violation. A Motion to Suppress was filed and argued. It was initially allowed and then denied, an unusual set of circumstances to say the least. Certificates of analysis were admitted against the defendant as proof that the substance found by the police was in fact cocaine. The defendant objected to proof made by such means complaining that his right to Confrontation under the Sixth Amendment to the United States Constitution was violated. On appeal the defendant argued that the United States Supreme Court's recent decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009) prohibits proof by such means, notwithstanding that that case has prospective application. The Massachusetts Appeals Court held that the admission of such evidence was not harmless beyond a reasonable doubt where the officers who testified were not qualified to render the opinion that the substance was in fact cocaine. Whereas there was not overwhelming evidence that the substance was cocaine the admission of the certificates of analysis could not be deemed harmless beyond a reasonable doubt.

Read Opinion: Commonwealth v. Rivas, 09-P-136, July 6, 2010.

Commonwealth v. Rivas

This result shows the value in hiring a good Massachusetts Criminal Defense Lawyer who has experience defending Cocaine Trafficking Cases. The trial lawyer made a timely objection to the admission of the certificates of analysis even before Melendez-Diaz was decided. This preserved the defendant's right to argue the issue on appeal. His excellent Massachusetts Criminal Appeals Lawyer was able to get him the appropriate relief.

Continue reading "Cocaine Trafficking Conviction Reversed " »

Anthony Done of Salem, Massachusetts was arrested yesterday. He is accused of selling marijuana to a sixteen year old boy on Harbor Street just around 6:30 in the evening. According to the police Done met up with the boy in front of a local store. Police observed what they believed to be a drug transaction. The boy then left the area and was stopped by the police. They found a bag of marijuana in his possession. Done was then approached while sitting in his car one block away from the scene. He was searched by the police. They found three bags of marijuana in his possession and a substantial amount of cash. Done has been charged with Conspiracy, Possession With the Intent to Distribute Marijuana and a School Zone Violation. The case will be prosecuted in the Salem District Court. If convicted Done faces a minimum mandatory two year sentence.

Read Article:

http://www.salemnews.com/local/x657349518/Man-arrested-after-alleged-pot-transaction

Salem, Massachusetts Marijuana Distribution Defense Lawyer

These cases often present difficult challenges for the prosecution. The sixteen year old boy (buyer) will probably be charged with Possession of Marijuana thereby making him unavailable as a witness to the prosecution. Even if he is not charged it is unlikely that he will testify against Done in that he has a privilege against self-incrimination. Most lawyers would tell him to say nothing and to invoke his privilege if called by the district attorney to testify. Done will challenge the legality of the stop, Search and Seizure. He will argue that the police officers' observations did not give them the right to stop him and search him. The strength of this challenge changes if the boy told the officers that Done sold him drugs. Still however Done may be able to prevail at trial. The accuracy of the officer's testimony can usually be challenged. It is difficult to see what if anything was passed between people unless the observer is right on top of the activity. Viewing someone passing an object from a distance does not mean that the observer can identify the object passed. During trials lawyers often hold up objects from a distance closer than what they reported at the time of arrest and ask the testifying officers to identify what they are holding. When they cannot identify the object it shows the jury that they probably were unable to see what the defendant passed to the buyer.

Continue reading "Salem Man Faces Marijuana Distribution Charge, School Zone Violation" »

Massachusetts police arrested Cynthia Lorenz of Minnesota Sunday and charged her with Carrying a Firearm, Improper Storage of a Firearm and Possession With the Intent to Distribute Marijuana. According to the Salem News, Lorenz was at the Extended Stay America Hotel in Danvers, Massachusetts. On Sunday morning her fourteen year old son called 911, complaining about his mother's behavior and indicating that she had a gun. Responding officers apprehended Lorenz and searched her hotel room. They found a loaded .25 caliber handgun and two ounces of marijuana and a significant amount of cash, over five thousand dollars. The police then obtained a search warrant. During the execution of the search warrant officers located about thirty two thousand dollars of gold coins. Bail was set in the amount of two hundred thousand dollars. The case is pending in the Salem, Massachusetts District Court. It is likely that the case will remain in that court.

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http://www.salemnews.com/local/x1703942868/Police-find-drugs-guns-and-gold-in-moms-motel-room

Salem, Massachusetts Firearms Violations Defense Lawyer

Often times people from other states carry or possess firearms in Massachusetts believing in good faith that they are not breaking the law. This most often occurs when the person has the legal right to own, possess or carry a firearm in his or her state and they are traveling to or through Massachusetts. The problem with this is that the Massachusetts gun laws apply to anyone Carrying a Firearm in Massachusetts. If not properly represented the defendant faces a mandatory minimum eighteen months in jail. In cases like this our office typically takes a couple of approaches to defending the accused. One is to fight the case. By this I mean file Motions to Suppress, Motions to Dismiss or even try the case to a judge or a jury. Another way is to try to get the prosecution to appreciate that the accused had no intention to violate the Massachusetts Gun Laws but rather was acting in accordance with what he or she believed was lawful conduct. Many times the district attorney will recognize the mistake and afford the defendant the opportunity to resolve the case in a way that will not require jail time or not even leave him or her with a criminal record.

Continue reading "Woman Charged With Firearm, Drug Offense In Salem Court" »

The Metrowest Daily News reports that following a lengthy investigation Framingham, Massachusetts police have arrested Brenton Ford and charged him with Cocaine related offenses. Using a confidential informant the police arranged four controlled purchases of cocaine from the defendant. There is an allegation that Ford used the services of a juvenile to assist with the cocaine sales. The article is not specific as to how Ford used the minor. Ford has been charged with Enticing a Minor to Distribute Drugs, Possession With the Intent to Distribute Cocaine and Conspiracy. Bail was set at twenty thousand dollars in the Framingham District Court. Given that a minor was used to facilitate these transactions and Ford has a prior conviction for Distributing Cocaine it is likely that this case will be indicted and prosecuted in the Middlesex Superior Court in Woburn.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x2071995372/Framingham-man-charged-with-having-boy-help-him-sell-crack

Framingham Cocaine Distribution Defense Lawyer

Massachusetts General Laws Chapter 94C Section 32K states that anyone who induces a minor (someone under the age of eighteen) to distribute drugs shall be punished by a minimum mandatory five year state prison sentence. The district attorney must prove beyond a reasonable doubt that the defendant knew the person was under the age of eighteen, that the defendant agreed with the minor to assist with the distribution of the drug and that the minor dispensed the substance. It appears from this article that the district attorney will need the minor to testify to prove his or her case. Prosecutors try to avoid having young people testify whenever possible. If that is the situation here then perhaps that charge will be dismissed, particularly where Ford faces at least five years on the other charges.

Continue reading "Framingham Man Charged With Cocaine Crimes, Enticing Minor To Distribute Drugs" »

Authorities allege that Jesse Pritchard of Framingham sold Heroin to a confidential informant on two occasions, the last being this past Friday. Pritchard was arrested and charged with Trafficking Heroin and a School Zone Violation. Armed with a search warrant police located nearly twenty bags of heroin. Pritchard was concealing some heroin in his hand at the time of his arrest. The total weight of the drugs was seventeen grams. Bail was set in the amount of ten thousand dollars. The judge cited several convictions and jail sentences as reasons for the amount of bail. Pritchard will be held in the Cambridge Jail pending trial.

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http://www.metrowestdailynews.com/news/police_and_fire/x2071993796/Framingham-man-arrested-for-heroin-trafficking-says-drugs-were-for-himself

Framingham Heroin Trafficking, School Zone Violation Defense Lawyer

In arguing for a lower bail the lawyer defending Pritchard stated that the majority of the drugs were for personal use, not for distribution and that any sales were for the purpose of supporting his habit. While this might be true it does not serve as a valid defense for any charge of Distributing Heroin in a School Zone. It might serve as a defense to Trafficking Heroin in that a Skilled Massachusetts Criminal Defense Attorney will argue that less than the trafficking threshold was possessed for the purpose of distribution. If successful this will get Pritchard out from under the minimum mandatory sentence of five years in state prison.

Continue reading "Framingham Man Faces Trafficking Heroin, School Zone Violation" »

Jonathan Wood of Groveland, Massachusetts is facing charges in Haverhill of Distribution of Marijuana, Possession With the Intent to Distribute Heroin and another charge. According to reports in the Lawrence Eagle Tribune police had engaged in several undercover buys of drugs during the last month. They had apparently been tipped off by neighbors who complained about suspicious activity involving Wood and the home. Last Friday police obtained a warrant to search Wood's home. They found several marijuana plants growing in the home as well as some lamps and timers. Wood was found in bed at the time of the search. His roomate, Tor Larson is also being charged with Cultivating Marijuana. Reports that Woods' home would contain a firearm proved false.

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http://www.eagletribune.com/haverhill/x1358977018/Police-Man-grew-pot-in-home

Haverhill Heroin and Marijuana Charge Defense Lawyer

Both Wood and Larson have some problems right. The charges against them are serious. Wood at a minimum has to defend against felony charges. If neither of these men have criminal records an Experienced Massachusetts Criminal Defense Lawyer might succeed in getting the case resolved in a way where they still have no record. One way of doing this is to get the judge or district attorney to agree to continuing the case without a finding. Lucky for both of these individuals the home was not within one thousand feet of a school zone. Had it been they might be looking at a minimum mandatory two year sentence.

Continue reading "Groveland Man Charged With Distribution Of Marijuana, Heroin Possession In Haverhill Court" »

Last Wednesday Boston Police were conducting a search when they observed a man subsequently identified as Edgar Gonzalez fleeing from a building. Police then grabbed Gonzalez. They noticed that the door to his apartment was opened. The police then learned that Gonzalez had a pending Immigration Order pending against him. As a consequence Gonzalez was arrested and a "protective sweep" of his apartment was conducted. Officers found Marijuana and some drug paraphernalia. They then obtained a Search Warrant. The search revealed over two thousand pounds of marijuana. Bail has been set at one million dollars. Gonzalez is being charged with Trafficking Marijuana in the Dorchester District Court. This case will be indicted to the Suffolk County Superior Court where it will ultimately be prosecuted.

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Boston Massachusetts Marijuana Trafficking Defense Law Firm

Marijuana Trafficking Defense Lawyer In Massachusetts

The penalty for a conviction for Trafficking Marijuana in Massachusetts over 2,000 Pounds is a five year minimum mandatory sentence. Depending on how close to 2,000 pounds the actual weight lies Gonzalez might be able to negotiate a resolution to a lesser weight and plead guilty to a lower sentence. That however assumes he has no defenses to this case. From the article it appears that the police might have had no reason to stop him. It also might be the case that they had no legal right to search his apartment. Depending on the location of the apartment there might be security or surveillance cameras confirming or contradicting the police suggestion that the apartment door was opened. Gonzalez' Massachussetts Criminal Lawyer will no doubt investigate these issues and zealously defend him.

Continue reading "Dominican Man Arrested, Charged With Trafficking Marijuana After Cops Seize Over 2,000 Pounds In Dorchester" »