Massachusetts Criminal Defense Attorney Blog

Just a few days ago police found Learde Rodriguez at an apartment on Lowell Street in Lawrence, Massachusetts. The twenty-three year old was arrested in connection with a shooting alleged to have occurred in Haverhill, Massachusetts just over one month ago. Rodriguez also faces charges in Lawrence for the same crime. The Haverhill incident occurred in the early evening hours. Police responded to a call for a shooting and arrived to find the victim riddled with gunshot wounds. A short while later a car with the windows shot out arrived at the police station to report the incident. There is no information as to how or why the police believe Rodriguez to be involved in the case. It is probable that Rodriguez will be held without bail due to the dangerousness of the crimes he is facing. Additionally, these cases will likely be prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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Lawrence, Massachusetts Assault and Battery Defense Lawyer

Haverhill, Massachusetts Lawyer Who Defends Violent Crimes

One thing I noticed while reading this article is the reference to Rodriguez being a member of the Trinitario Gang. This gang originated as a New York City prison gang. It was created for Dominican prisoners who were drug dealers and who had been encountering problems with the Latin Kings during their incarceration. The gang was formed for their protection in the jails. The gang spread to the streets and although primarily in the New Jersey and New York areas they are spreading to Eastern Massachusetts. Their weapon of choice is the machete. This past December forty such gang members were arrested and charged with an assortment of Violent Crimes in New York including Gun Charges, Drug Charges and Conspiracy.

Cases like this one can be difficult for the district attorney to prove. If Rodriguez was involved in these crimes I imagine that there was either a gang related motive or a drug relative motive or both. Gang members and drug dealers are reluctant to come into court to testify. They fear their own exposure for the crimes that they committed. They also fear retaliation from the people and gangs against whom they testify. In major cities prosecuting these cases is often a nightmare. Corralling the witnesses and getting them to cooperate honestly often borders on impossible. And what about their credibility? Most of them come with heavy baggage and getting jurors to believe what they have to say is not easy. Defending these cases is always a challenge but often defense attorneys feel that they have the upper hand. Rarely do witnesses come into court with clean hands. There are seldom independent eyewitnesses to these types of crimes. The witnesses are typically drug dealers and rival gang members who are easy to impeach. The outcome to this case should be interesting.

Continue reading "Lawrence Massachusetts Man Arrested For Assault With Intent to Murder Allegedly Committed In Haverhill" »

Last week members of the Quincy, Massachusetts Police Department received a utility shutoff notice for 228 Norfolk Street. Shortly after noon the officers arrived at the residence to serve the notice. A man, Hao Vu, answered the door and quickly left the home. Officers immediately noticed a strong odor of Marijuana. They also felt heat coming from the cellar. The article further states that the officers saw Marijuana Plants and heat lamps used to grow the drug. Based on these observations the police left the home to get a Search Warrant. During the execution of the Search Warrant eighty one Marijuana plants were found. Shortly thereafter Hao Vu was found along with his wife Annie Vu. Both Annie and Hao Vu have been charged with Trafficking Marijuana. The case is now pending in the Quincy District Court but will likely be prosecuted in the Norfolk County Superior Court in Dedham, Massachusetts.

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Quincy, Massachusetts Marijuana Trafficking Defense Law Firm

Lawyers Who Defend Drug Crimes in Norfolk County Massachusetts, Quincy, Dedham

The first thing that catches my eye about this case is the actions of the police when they served the utility notice. While they may have smelled an overwhelming odor of Marijuana that in and of itself would not provide sufficient information for a magistrate or judge to issue a Search Warrant. I am sure what in fact prompted the issuance of the warrant was the observation of plants and grow lights. Yet how were the cops able to see these? Where is the basement door in relation to the front door? How big are the plants? The article also mentions that the officers felt heat when the door was opened. What was the heat bill this month compared to prior months?

Massachusetts case law makes clear that without a search warrant or exigent circumstances a search of someone's property is illegal. Similarly, an illegal entry that results in observations that serve as a basis for probable cause in a search warrant affidavit requires suppression. As to challenges to search warrants, Massachusetts Appellate Courts have stated that the information obtained as a result of an unlawful entry must be excised from the search warrant affidavit. If, absent that information there still exists probable cause for the issuance of the warrant the search will stand. If not, suppression is ordered. In this case, depending on the content of the search warrant affidavit I can see several potential challenges to this search. The officers' unlawful entry into the home, possibly dubious observations and uncorroborated suspicions might be applicable here.

Continue reading "Couple Face Marijuana Trafficking Charges in Quincy, Massachusetts After Cops See Plants, Grow Lights" »

According to a report in the Somerville, Massachusetts Patch, three Massachusetts residents were arrested last week on Drug Charges. Somerville Police were conducting a drug investigation during which they stopped a car they believed contained some Heroin. The stop occurred in the middle of the afternoon. Once the car was stopped, one of the occupants, Jesse Peloquin told the officers that the drugs were in her bra. She, along with Ryan Kanode and Marie Stefano were all charged with various Massachusetts Drug Crimes. Among the crimes were Conspiracy to Violate the Controlled Substances Act, Possession of Heroin, a Class A Drug, Distribution of Heroin and Knowingly Being Present Where Heroin is Kept. The cases are pending in the Somerville District Court.

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Somerville, Massachusetts Drug Defense Law Firm

Drug Distribution Defense Attorney in Massachusetts

Massachusetts General Laws Chapter 94C Section 35 makes the following acts a crime: 1) knowingly Being Present where Heroin is Kept or Knowingly Being in the Company of Someone who is in Possession of Heroin. This crime is a misdemeanor and it carries a maximum one year jail sentence. While this crime is often prosecuted in Massachusetts district attorneys often agree to dismiss the charge upon payment of court costs if the accused has no criminal record, and in particular no prior drug offenses.

Distribution of Heroin on the other hand is a felony in Massachusetts. The law prohibiting the behavior is M.G.L. c. 94C Section 32. There is a potential ten year prison sentence associated with this crime. However, these cases are usually prosecuted in the district court where a judge can sentence to no more than two and one half years. If the accused has a conviction for a similar offense then he or she can be charged under subparagraph (b) of this law which has a mandatory three and one half year state prison sentence for anyone convicted. Often however, an Experienced Massachusetts Criminal Lawyer can get the district attorney to agree to reduce the charges to something not requiring jail time.

So what are the possible defenses for the accused in this case? That depends on what the police claim to have seen. First, there may be a viable Motion to Suppress if the police conducted the stop, Search and Seizure in violation of the defendants' constitutional rights. What did they in fact see that in their mind permitted them to search the car? After the stop, what evidence exists to show that any of the occupants went to Somerville to distribute drugs? The article seems to indicate that the three defendants drove to Somerville to buy drugs, not to sell them. What evidence do the police have to prove that Kanode and Stefano knew that Peloquin had Heroin in her bra? This article suggests that there are countless defenses available to these three that might result a positive resolution to this case.

Continue reading "Three Massachusetts Residents Charged With Felony Drug Cases, Heroin Distribution in Somerville" »

The Massachusetts Supreme Judicial Court issued its opinion in four cases today all implicating the Massachusetts Marijuana Law. Three of these cases are discussed here. All three of these decisions found in favor of the defendants. The decisions effectively explain and perpetuate the spirit of Massachusetts General Laws Chapter 94C Section 32L making possession of less than one ounce of marijuana a civil offense.

In Commonwealth v. Pacheco, a state trooper was on patrol at night in a park in Lynn, Massachusetts. A sign in the park indicated that the park closed at dusk. The officer saw a car parked in a handicapped spot. When he approached he detected an odor of burnt Marijuana coming from the car. Several occupants of car admitted to smoking Marijuana and one stated that a small amount was left. Everyone in the car was ordered out. They were searched for weapons. A bag of Marijuana containing less than one ounce was found on the floor mat in the rear of the vehicle. The officer then searched the trunk of the car. He found a backpack which he opened. Inside he found a gun. The defendant admitted that the gun was his.

The Supreme Judicial Court held that the Search and Seizure was unlawful. In doing so it cited two other cases also decided today. In one case, Commonwealth v. Daniel, the Court stated that smelling freshly burnt marijuana coupled with Possession of less than one ounce of the drug by itself does not provide probable cause to believe that an amount of marijuana consistent with criminal activity is in the car. Daniel is an expansion of the Court's decision in Commonwealth v. Cruz holding that the smell of burnt marijuana alone does not give rise to probable cause to search a car. Additionally, the Court ruled today in Commonwealth v. Jackson that "social sharing of marijuana" does not satisfy the element of Distribution of Marijuana.

As a Massachusetts Criminal Defense Lawyer I imagine that these cases will result in the dismissal of many pending Massachusetts Drug Cases. Since G.L. 94C Section 32L was passed many lawyers warned their clients that sharing a joint with a friend might be considered a crime and that being caught engaging in that conduct would, at a minimum result in an arrest. The open and public use of marijuana has become significantly noticeable since the passage of this act. It is not uncommon to smell burnt marijuana or to see people smoking marijuana in Boston during work hours.

Continue reading "Massachusetts Supreme Judicial Court Decides Cases Involving Marijuana Law" »

For several weeks a Massachusetts Drug Task Force had been investigating a Heroin Distribution operation in the Bridgewater, Massachusetts area. The investigation suggested to the officers that Samantha Lee Costa was the source of local heroin sales. On April 1, 2013 the police applied for an obtained a Search Warrant for her apartment. The execution of the Search Warrant took place just after 6:30 p.m. that day. Costa and a woman named Nicole Rossier were present at the time of the search. Several other people were in the apartment as well. Nearly four grams of heroin were located along with some pills, Marijuana and a Syringe. Drug Packaging materials and an insignificant amount of cash, (one hundred sixty four dollars) were found in the apartment as well. Costa has been charged with Possession With Intent to Distribute Class A, Heroin and Possession of Class D, Marijuana. The case is being prosecuted in the Brockton District Court.

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Brockton, Massachusetts Drug Defense Law Firm

Possession With Intent to Distribute Drug Lawyer in Massachusetts

As a Massachusetts Criminal Lawyer, based on this article it is clear to me that the charges against Costa are excessive and likely not provable. In order to convict someone for Possession With the Intent to Distribute Drugs in Massachusetts, the district attorney must show that the accused, in this case Costa, intended more than to just use the drugs. The only apparent evidence supporting that is the presence of baggies, packaging materials. Keep in mind that baggies are a household item and absent additional evidence of intended distribution it can be argued that the drugs that were being used by Costa came from those baggies. The syringe in this case was full. This is an indication that someone was about to use the heroin, not sell it.

Here is something else to consider. What is the evidence that Costa rather than someone else intended to use the Heroin? Rossier and several other people were present when the police raided the home. It is highly unlikely that the syringe or other drug ingestion materials will be fingerprinted. How then can the district attorney convince a jury that the drugs were Costa's and not somebody else's. They probably cannot make this argument successfully unless Costa made some incriminating statements or someone wants to testify against her. Hopefully she was smart enough not to make any statements to the police and contacted a lawyer right away. Certainly the people at the apartment are not in a position to testify as they have criminal exposure for Knowingly Being Present Where Heroin is Kept. Each of these people should have a lawyer to avoid being prosecuted along with Costa.

Continue reading "Bridgewater Massachusetts Facing Possession With Intent to Distribute Heroin in Brockton Court " »

A lengthy investigation into Revere Blood gang activities led to the arrest of fifteen men from various parts of Massachusetts including Revere, Lynn and New Bedford. It is alleged that various gang members were involved in gun and drug sales in Suffolk County and Essex County. Nine of the defendants have been charged with Federal Drug Crimes. The remaining six have been charged in state courts in Boston and Salem, Massachusetts. The charges for each vary and include Trafficking Cocaine, Trafficking Heroin, Firearms Charges and Counterfeit Drugs. Many of the accused have prior drug convictions. Conspiracy is another charge that many of the defendants face.

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Massachusetts Federal Drug Crimes Defense Law Firm

Lawyers Who Defend Drug Cases in Revere and Lynn, Massachusetts

While the article is not clear as to what charges each defendant faces I imagine that the charges in Federal Court are more severe than those filed in state court. The combination of drugs and guns as the basis for a criminal charge in Federal Court can be devastating. For example, 18 U.S.C. Section 924(c) mandates a consecutive sentence if a firearm is used in connection with a drug trafficking case. This law requires someone convicted of the offenses to first serve jail time on the drug case and then to serve time on the gun charge. The minimum mandatory sentence on such a case is five years from and after the drug charge and up to thirty years. The sentence increases in accordance with the type of firearm that was possessed. Possessing the gun as opposed to brandishing or actually shooting the gun also effect the length of sentence. This law is much more severe than Massachusetts state laws prohibiting the same conduct. As a Massachusetts Criminal Lawyer I imagine that the cases against the people charged in federal court carry those sentence enhancements.

It is difficult to assess possible defenses for the accused in these cases due to the lack of detail in the article. Factors that trigger the defenses include the defendant's actual role in the criminal enterprise; i.e. was this someone who was caught selling drugs and guns or simply someone who was at the homes that were searched when the warrants were executed. The quantity of drugs found on an individual often guides defenses. For instance, someone with a history of drug possession convictions or with a documented drug abuse history might be able to claim possession rather than an intent to sell drugs if the quantity in his or her possession is consistent with their drug habits. The presence of Drug Distribution Paraphernalia factors into the analysis of the defendant's intent as does the presence of absence of drug ingestion devices.

Continue reading "Fifteen Latin King and Blood Gang Members Arrested in Massachusetts on Gun and Drug Charges" »

About two months ago a police officers were looking for a car reported stolen. Shortly thereafter officers located a vehicle fitting the description of the Stolen Car. The police followed the car and a chase ensued. The stolen vehicle supposedly reached speeds of one hundred ten miles per hour. The chase was called off but the vehicle continued at a high rate of speed and ultimately crashed. The driver of the car, a woman somehow managed to escape the wreckage and fled to a nearby building. There she tried to conceal her identity by dressing up as a janitor. The woman was apprehended. While being transported she admitted to driving the car but claimed that over the previous four day period she was involuntarily injected with Heroin and given Methamphetamine. She was then told to get into the stolen car, to drive and not to stop. The woman was charged with Larceny of a Motor Vehicle, Operating to Endanger and other Motor Vehicle Offenses. Ironically, she was not charged with any Drug Crimes; i.e. Possession of Heroin or Possession of Methamphetamine.

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Massachusetts Motor Vehicle Crimes Defense Law Firm

Larceny of a Motor Vehicle Defense Lawyer, Massachusetts

Involuntary Intoxication is a defense to criminal accusations in Massachusetts. There is a Massachusetts on point that supports the woman's contention in this case; Commonwealth v. Darch. That case states that if someone "is compelled to ingest intoxicants unwillingly" he or she can defend the allegations on the theory of involuntary intoxication. In Massachusetts, to overcome this defense the district attorney must prove beyond a reasonable doubt that the defendant's intoxication was voluntary. This defense can be successful if the defendant gets a blood test or someone can corroborate the position that someone drug the accused. As a practical matter, for this defense to work the defendant is going to need a lot more than a statement such as the one made by the defendant in this case. Here is what I see as a problem with the defense in this case. The chase starts once the police start following the car thereby suggesting that the defendant knew the car to be stolen. After the car crashed the defendant took deliberate actions to avoid detection. She fled to a nearby building. She used a disguise to avert detection. Then, she gave a detailed description of how she was drugged; something that a drugged out person would be unable to do. Finally, there was no suggestion other than her words that drugs were involved in this activity.

Continue reading "Woman Defends Motor Vehicle Charges Claiming That Heroin and Methamphetamine Were Forcibly Injected in Her" »

Just two days ago, two separate arrests were made on Route 84 in Worcester County, Massachusetts. The first case involved a van that was pulled over around 5:40 in the morning. The passenger, Ramon Suero was arrested after Massachusetts State Police found a kilogram of cocaine secreted in his clothing. Troopers also found over twenty eight thousand dollars in the van. Several hours later, on the same road, another vehicle was pulled over. It is alleged that the driver, Carlos Vargas was speeding. It was soon learned that Vargas' driver's license had been suspended. He was arrested. A subsequent search of his car resulted in the seizure of over two hundred grams of heroin, one pound of marijuana and some pills. The cases will be prosecuted in the Worcester Superior Court.

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Worcester, Massachusetts Drug Trafficking Defense Law Firm

Cocaine, Heroin Trafficking Defense Lawyer in Worcester

Both of these men have been charged with serious Massachusetts Drug Crimes. Suero is facing charges of Trafficking Cocaine in Excess of 200 Grams. The minimum mandatory sentence after a conviction for that offense is fifteen years in state prison. Vargas too is facing a fifteen-year minimum mandatory sentence for Trafficking Heroin Over 200 Grams. As a Massachusetts Criminal Lawyer I see some distinct differences between these cases. The more difficult case to defend seems to be Vargas'. The police have the right to arrest someone driving with a suspended license. With that right comes the right to search the individual and to tow the vehicle. The towed vehicle can be searched. The search is known as an "inventory search". This type of search permits law enforcement to search a lawfully impounded motor vehicle. In order to do so however the police must have a written procedure on how to do so and this procedure must be followed. Typically in cases like Vargas' the pretrial issues focus on suppressing the search due to an improper search, one that violated the inventory search policy of the department. Should the case go to trial, the focus will be on Vargas' knowledge of the presence of the drugs in the car.

Suero's case is much different. As a passenger there must be a lawful purpose for him having been searched. The Massachusetts Supreme Judicial Court held that there must be a reasonable basis particular to the passenger to conclude that he or she is armed and a danger before the search will be validated. So exactly did Suero do in this case? Nothing according to this article. So whey then was he searched? I imagine that the basis for his defense will be the legality stop, Search and Seizure of the drugs.

Continue reading "Two Major Drug Arrests in Worcester County Result in Cocaine Trafficking, Heroin Trafficking Charges" »

For the second time in two years a Massachusetts Drug Task Force has made an arrest of a Bridgewater State College student for a Massachusetts Drug Crime. For about one month law enforcement have been watching 37 Hale Street in Bridgewater. The address is home to a sophomore from Milbury, Massachusetts. It is alleged that law enforcement began their investigation after receiving anonymous tips. Additionally, police knew about the house as they had been called on several occasions after excessive noise from parties was reported. Once the investigation began officers conducted surveillance during which heavy foot traffic in and out of the house was noted. A Search Warrant was obtained and this past Tuesday, early in the morning the warrant was executed. During the search officers located their target as well as a pound of marijuana and over one thousand dollars identified as proceeds from drug deals. The police also seized Drug Paraphernalia believed to be used to weigh and package the substance. The target defendant was arrested. His two roommates received summonses to appear at a later date. The charges now filed are Possession With Intent to Distribute Marijuana, a Class D Substance. The case is pending in the Brockton District Court.

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Brockton, Massachusetts Marijuana Distribution Defense Law Firm

Lawyers Who Defend Drug Crimes Charges in Bridgewater, Massachusetts

The defendant in this case is very lucky for a couple of reasons. For one thing, the charges fall short of Trafficking Marijuana. The amount of marijuana found is minimal by legal standards. Additionally, there is no School Zone Violation charged here as presumably the activity occurred outside of the prohibited area. These Drug Task Force operations tend to yield greater quantities of drugs. Take for example the last such case involving a Bridgewater State College student. There, jail time was imposed in that the quantity of drugs and types of drugs permitted a greater sentence. In this case I can see an Experienced Massachusetts Criminal Lawyer working out some sort of resolution that will leave the target defendant and the two roommates without a criminal record. This would probably be a continuance without a finding.

Here are some other thoughts. I imagine that an informant was used by the task force. Perhaps this is the person who initially alerted law enforcement to the illegal activity. However, more than this tip is needed to get a Search Warrant. Thus, one would think that there was either a controlled buy made at the target home or that one or more of the purchasers were caught leaving the property with recently purchased marijuana. These people usually buckle and provide the police with the information they need to establish probable cause for the issuance of the search warrant. If I am correct, and this is how the warrant was obtained, there may be some opportunity to challenge the legality of the search.

Continue reading "Massachusetts College Student Charged With Marijuana Distribution in Brockton District Court" »

Just after noon on Monday, Maximo Velasquez, a twenty-seven year old man from Dorchester, Massachusetts was stopped after he supposedly drove through a stop sign in Quincy. At the time Velasquez was driving a Mercedes that had been rented to someone else. The police asked Velasquez to produce his driver's license. When he did officers learned that he had a pending Massachusetts Drug Case open against him. Subsequently the car was searched. During the search officers found seventeen grams of Heroin. The drugs were concealed in condoms hidden in the rear brake light compartment. It is further alleged that Velasquez had in his possession one gram of Cocaine. Right now he has been charged with Possession With Intent to Distribute Heroin, Unauthorized Use of a Motor Vehicle and a Massachusetts Cocaine Charge. The case is pending in the Quincy District Court.

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Quincy, Massachusetts Heroin Distribution Defense Law Firm

Lawyers Who Defend Drug Cases in Quincy, Norfolk County, Massachusetts

As a Massachusetts Criminal Lawyer I am always suspicious when I read an article like this one. I ask myself why it is that all drug dealers caught in a car with drugs commit Motor Vehicle Offenses that justify the initial stop of the car. Rarely is that actually the case. Most of my clients insist that they were pulled over for no reason at all. Prior to 9/11 this was difficult to prove. It was the police officer's word against my client's. But now things have changed. Almost everywhere you look you can find a video security camera. If you figure out which business or entity owns the camera you can ask for footage or get a subpoena from the judge to access this material. And guess what? You will be surprised at just how many of these "Motor Vehicle Offenses" never actually occurred.

Relative to this case however, even going beyond the stop I am wondering what grounds the police had to make Velasquez wait while they went to get a dog to search the rental car. An open case does not give the police the right to detain someone and to search their property. Nor for that matter does driving a rental car that has been rented to someone else. It is conceivable that Velasquez's name was on the rental car contract as someone permitted to drive the car. A challenge to the Search and Seizure in this case might prove fruitful for Velasquez. Here is something else to consider. Even if this case goes to trial, what evidence is there that Velasquez knew about the Heroin in the tail light compartment. Absolutely none. On so many grounds it appears that case might be very difficult for the district attorney to prove.

Continue reading "Motor Vehicle Stop in Quincy Massachusetts Leads to Drug Distribution Charges for Dorchester Man" »

Just a few days ago Search Warrants were executed at two apartments located at 50 Harrison Avenue in Taunton, Massachusetts. In all, eight men and two women were charged with Massachusetts Drug Conspiracy, Trafficking in Heroin Over 100 Grams and a Massachusetts School Zone Violation. Five of the defendants were arrested during the execution of the Search Warrants. The other five were seen at the apartments shortly before the searches. They were located in a car just blocks from the apartments. Authorities stated that the heroin was found in three locations. Just over seventeen grams was found in a toilet bowl in one of the apartments. Just over thirty one grams of heroin was found in the possession of one of the defendants, Juan Jimenez. Just over fifty seven grams of heroin was thrown out of one of the apartments and lodged in the snow. Defendant Jaime Sanchez was found in possession of ten thousand dollars cash. Sanchez, Marques McCassie and Jose Quiles were named on the Search Warrants as targets of the investigation. The remaining defendants, Flavio Daviega, Antwunn Romell Jones, Felicia Lopes, Kelly Bulris and Agustin Roldan were apparently arrested due to a perceived association with the people who possessed the drugs. Five other people were also in one of the apartments, none of whom were charged.

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Taunton, Massachusetts Heroin Trafficking Defense Law Firm

Bristol County Drug Crimes Defense Lawyer, Drug Trafficking, Conspiracy

So lets just break this down in a manner most favorable to the prosecution. Jimenez might have problems due to his possession of a quantity of Heroin sufficient to satisfy the Trafficking threshold. Sanchez could be in trouble given his possession of a significant amount of cash. Lopes was found in Possession of a Class B Drug but this does not mean that she had Drug Trafficking intentions. And what about the remaining defendants, Bulris, Jones, Daviega, Roldan, Quiles and McCassie? Well, proving a drug case in Massachusetts against the five in the car will be difficult. Just because they were at the apartment does not mean that they had any involvement in drug dealing. After all, what exactly is the district attorney going to say that they did? Were they buying drugs? Probably not particularly if they did not have drugs on them or drugs in their presence in the car. Are they going to be accused of selling to the people in the apartment? Again, probably not. There is no proof that they sold to these people and one would think that since the apartments were the subject of a Search Warrant the police believed that drugs were being sold at that location, not purchased by the occupants of the apartments. If these people kept their mouths shut and they Hire an Experienced Massachusetts Criminal Lawyer they might be fully acquitted. Perhaps the cases against them will be dismissed.

Continue reading "Taunton Massachusetts Police Arrest Ten in Connection With Heroin Trafficking Investigation" »

Not a day goes by where I don't see of or hear of a criminal defendant in Massachusetts putting the final nails in his or her coffin by talking on the phone. No matter how smart or how stupid the accused, talking on the phone is going to cause you a major problem. Take a look at yesterday's Boston Globe article written by Shelley Murphy about the James "Whitey" Bulger case. Murphy reported that in September of 2012 a conversation that Bulger had with his younger brother undermines the defense contention that Bulger was a government informant. The article quotes Bulger as saying that "I bought [expletive] information, I didn't sell it," and "I never gave them [expletive] information. Nothin'. Nothin.'" The purpose behind making those statements and the context of the statements is virtually meaningless. Rather, the content of what Bulger said is what is going to be more heavily weighed by either a judge or a jury when deciding whether or not to believe Bulger's claim that he was a government informant.

Massachusetts Proposed Rule of Evidence 801(d)(2) states that the statement of a party opponent is admissible and is not hearsay. Case law in Massachusetts supports this concept and with limited exception any statement made by a defendant is admissible against him at trial. Most people awaiting trial understand this. Certainly those with substantial involvement with the legal system know 1) that their jail calls are being recorded and 2) that anything said by them during the course of those conversations can be used against them in court. Most jail telephones have a tape recorded warning advising the participants that the calls are being monitored. Any Experienced Massachusetts Criminal Lawyer will tell his client not to talk on the phone. Talking does no good. Whether you are accused of Rape, Robbery, Drug Trafficking, Child Pornography or any crime you have to remember to remain silent and never talk about the case. Keep in mind that the Constitution gives you the absolute to remain silent. Federal case law and Massachusetts law support this proposition. As I have mentioned in several previous posts, many of my clients would never have even been charged had then not opened their mouths. And those of them who continued to talk even after being charged with the crime complicated matters. The most famous case implicating the right to remain silent is the Miranda case. In 1963 Ernesto Miranda was convicted of multiple Sex Crimes. He confessed to these crimes and it was the confession, not the strength of the district attorney's case that led to his conviction. In 1966 the United States Supreme Court reversed the conviction and held that Miranda's rights had been violated. The Miranda case established the implementation of certain rights that must be afforded to anyone in custody being interrogated. It also reinforced the principle that criminal lawyers strongly embrace - - to keep your mouth shut.

Continue reading "Talking on the Phone While Awaiting Trial is Often the Kiss of Death for People in Massachusetts Charged With a Crime" »

Last week a grand jury sitting in Plymouth County charged Mister T. Hood with three counts of Distribution of Cocaine, Subsequent Offense. It is alleged that Hood committed these crimes in mid-December. He was arrested in connection with a massive drug investigation that led to the arrests of over twenty people. Hood's prior convictions are from 2002, 2005 and 2009. Hood's arrest stems from "Operation Clean Sweep". Out of the twenty plus people arrested from that operation only Hood and one other have been indicted. This case will be prosecuted in the Brockton Superior Court.

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Brockton, Massachusetts Drug Distribution Law Firm

Lawyers Who Defend Drug Cases in Brockton

Massachusetts General Laws Chapter 94C Section 32A(b) states that anyone who is convicted of distributing cocaine and has one or more prior such convictions shall serve at least a two year state prison sentence. There is a maximum ten year state prison sentence authorized. So assuming this is the statute under which Hood has been indicted you might ask why bring a case like this one to superior court. After all, there are ways to get that kind of time through a conviction in the district court. Well, there could be countless reasons for the indictment but in this case I imagine Hood's criminal history had a significant impact on this decision. Not only does he have three prior convictions but convictions for Massachusetts Violent Crimes (Assault and Battery by Means of a Dangerous Weapon) and, he beat a murder charge. Or perhaps Hood is viewed as the more dominant player in this sweep and the indictment is designed as a deterrent to warn others not to continue with these activities.

As an experienced Massachusetts Criminal Lawyer I have noticed that absent some sort of concrete evidence such as a surveillance videotape jurors do not like to convict people who were not arrested at the time of the offense. The district attorney prosecuting these cases relies on an officer or cooperating person stating what they saw Hood do. Yet, there is no immediate arrest. Rather, they permit him to continue dealing drugs and then, at least in this case, make an arrest eight days later. That does not sit well with jurors. It also enables the accused to establish an alibi or alibis showing that he was nowhere in the area at the time of the alleged criminal activity. Investigations like this are risky and the police rely on getting most of the people who are arrested to plead guilty or cooperate. The article referenced above identifies five people who have already pleaded guilty to the crimes for which they were charged.

Continue reading "Brockton Man Arrested in Drug Sweep Indicted for Distribution of Cocaine, Subsequent Offense" »

According to a report in the Brockton Enterprise Paul Perelli met up with defendant Eddy Monteiro, a Brockton, Massachusetts resident at Perelli's home in Marshfield. It is alleged that Monteiro owed Perelli one hundred fifty dollars and wanted to settle the debt. Monteiro and Perelli, along with Michael Capps and Stephen Burton smoked some marijuana together. Shortly thereafter, two unknown men arrived, bound Perelli, Capps and Burton and pistol whipped Capps. Monteiro allegedly participated with them as well. Perelli called the police. When they arrived they found "an elaborate indoor marijuana-growing operation, complete with hydroponic tanks for growing plants". Monteiro was arrested and charged with Home Invasion with a Firearm and several counts of Armed Assault in a Dwelling. His case is pending in the Plymouth District Court. Perelli and/or his friends may have problems as well. The article reports that the police seized two pounds of pot and several thousand dollars cash.

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Plymouth Home Invasion Defense Law Firm

Brockton Violent Crimes Defense Lawyer, Gun Cases, Marijuana Distribution

Any Massachusetts Criminal Lawyer reading this article is going to ask why Perelli called the cops. Either Perelli, Capps or Burton or perhaps all three have exposure for Cultivating Marijuana or Possession With the Intent to Distribute stemming from their marijuana growing operation. The penalty for a conviction of these Massachusetts Marijuana Crimes pales in comparison to the sentence Monteiro and his cohorts face if convicted of the Home Invasion. Yet you have to wonder why Perelli made the call. Was this in fact the drug rip that is portrayed in this article? Or was this a drug deal that went bad? On several occasions I have defended cases that look at the outset like the accused was trying to rob a known dealer. However every time these cases get more closely investigate I learn that not to be the case. There is usually some sort of mutual dispute that escalates. Someone then tries to get the upper hand by making an accusation about something like a Home Invasion. The person making the report wants the police to believe that he is the victim and does what he can to get that person in custody as a way of getting out of the dispute. This tactic doesn't always work. An experience criminal lawyer can expose the false accusation. Text conversations between Monteiro and Perelli can shed some light on what really happened here as can text messages between Monteiro and has unidentified "friends". Perhaps these people too had memorialized conversations with Perelli thereby suggesting that they were not unknown to him. All of this will rear its head during the discovery process and might serve Monteiro's defense well.

Continue reading "Brockton Man Arrested, Charged With Home Invasion In Plymouth District Court" »

Patrick O'Neill of Weymouth, Massachusetts was arrested last week and charged with Possession With Intent to Distribute Oxycodone, Distribution of Oxycodone, a School Zone Violation and Drug Conspiracy. An investigation into O'Neill's activities started several weeks. Neighbors complained to the police that they believed O'Neill was dealing drugs. Following up on their leads the police watched O'Neill and his home. They applied for and obtained a Search Warrant. Then, last Thursday afternoon police stopped O'Neill as he left his apartment. They searched him and found him in Possession of Oxycodone and cash. They then searched his home. They found more pills. All charges are pending in the Quincy District Court. Bail was set in the amount of twenty five thousand dollars.

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Quincy, Massachusetts Drug Distribution Defense Law Firm

Lawyers Who Defend Oxycodone Drug Offenses in Massachusetts

Every Massachusetts Criminal Lawyer who defends drug cases is seeing more and more cases like this one. The anonymous "complaining neighbor" is becoming a fixture in Massachusetts drug detective's police reports. From a legal perspective, the complaining neighbor takes on the status of an anonymous informant. This person's veracity must be established in order for the district attorney to survive a challenge to the issuance of the Search Warrant. To satisfy the veracity requirement, this type of information must be supported by precise detail and police corroboration of that detail. So what happened here? Assuming the police did actually receive the information from an anonymous neighbor they probably started watching O'Neill's apartment. Their subsequent observations must have led them to conclude that O'Neill was dealing drugs. They probably stopped and interrogated people they saw meeting with O'Neill and used this information to enhance their investigation. They may have used an undercover officer or known informant to engage in a controlled buy from O'Neill. If this happened the officer's observations would be provided in detail in their Affidavit in Support of the Application for a Search Warrant. Much of this can be confirmed or contradicted by O'Neill's lawyer if an attack on the Search Warrant is considered. If the police observations are simply general and conclusory suppression might be in order.

Sometimes the anonymous "complaining neighbor" does not exist. He is a fiction used by the police to help ensure that their Search Warrant Application is approved. Pretrial discovery motions and/or a private investigator can help to determine whether or not these people actually exist. Suspicious Search Warrant Affidavit can result is a dismissal of a criminal case or suppression of the drugs seized. It is a criminal defense lawyers' job to dig and challenge the information set out in these documents.

Continue reading "Weymouth Massachusetts Man Charged With Drug Crimes After Search Reveals Oxycodone, Percocet" »