Massachusetts Criminal Defense Attorney Blog

According to a report on Boston.com, Andrew Curda of Peabody, Massachusetts has been arrested in connection with Drug Trafficking activity in Massachusetts. It is alleged that Curda sold cocaine to an undercover law enforcement officer on three occasions. Curda is being charged with Trafficking Cocaine, a School Zone Violation and Possession of Oxycodone. Police from Beverly, Ipswich and Everett were involved in the investigation. Apparently the website Tip411 was instrumental in the investigation. The case will initially be prosecuted in the Peabody District Court.

Read Article:

http://www.boston.com/yourtown/news/peabody/2011/05/peabody_man_charged_with_drug.html

Drug Crimes Defense Attorney in Massachusetts

So what exactly is tip411. Anyone can use a cell phone to send an anonymous tip to a local police department. The tip itself is one hundred anonymous so there is no way to identify the sender. It is not a substitute for an emergency 911 call. Rather it is a way for concerned citizens to make their community safer without fearing reprisals from the people they report. Information regarding caller identification cannot be subpoenaed either. Obviously, from the perspective of a Massachusetts Criminal Attorney certain constitutional issues might arise from the follow up of one of these tips. Regardless of the existence of the tip, the police are still constrained by Fourth Amendment guarantees and Article 14 protections. The anonymous tipster lacks the reliability or basis of knowledge needed to sustain Searches and Seizures in certain instances. An legal attack on this information may in some instances result in the dismissal of drug charges.

Continue reading "Peabody Massachusetts Man Arrested On Cocaine Trafficking Charges, School Zone Violation" »

On January 21, 2011 Geison Ferraras of Lawrence, Massachusetts was at his home, a third floor apartment on South Broadway. Police executed a Search Warrant targeting someone else in the building. They found drugs and guns on the second floor. However, during the course of the search they also came across Ferraras who was "hiding in a back stairwell" according to prosecutors. The guns and drugs were not found on Ferraras' possession. They were found nearby. The amount of drugs exceeds fourteen grams but is less than twenty eight grams. In addition to the Firearms, Ammunition was located. Ferraras is being charged with Trafficking Over 14 Grams of Cocaine and Possession of Firearm. The case is being prosecuted in the Essex County Superior Court in Salem, Massachusetts.

Read Article:

http://www.eagletribune.com/local/x123359621/Police-Man-found-hiding-with-guns

As every Massachusetts Criminal Defense Lawyer knows merely being present at or near the scene of a crime is not sufficient to sustain a conviction. At least for now this appears to be the position of the defendant in this case. Massachusetts judges give a jury instruction in many cases like this one that tells jurors that being present even if the person knew that a crime was committed or was about to be committed does not mean that he or she is guilty of that crime. Rather, the prosecution must prove intentional participation in the crime beyond a reasonable doubt before a jury can convict. It would be expected that the district attorney in this case would have more evidence than is mentioned in the newspaper account given that this case is being prosecuted in the Superior Court.

Continue reading "Lawrence Massachusetts Man Arraigned On Charges Of Carrying A Firearm, Cocaine Trafficking Stemming From January Search Warrant" »

Yesterday around 5:30 p.m. Lawrence, Massachusetts police officers responded to a call complaining about people sitting in a car using drugs. Officers investigating the call arrived to find four people sitting in a parked car in a restaurant parking lot. The article reporting this incident suggests that all four were either using or about to use heroin. During the investigation, the driver later identified as Gary Hartwell was found with a ligature around his arm and a needle in the driver's door containing liquefied heroin in a state ready for immediate use. Hartwell was charged with Possession of Heroin, Operating Without a License and Knowingly Being Present Where Heroin is Kept. The three passengers are facing similar Drug Charges. Two additional loaded syringes were found in the car. The case is being prosecuted in the Lawrence District Court.

Read Article:

http://www.eagletribune.com/local/x1892928801/Four-charged-with-drug-offenses

Massachusetts General Laws Chapter 94C Section 35 makes it a crime to knowingly be present where heroin is kept or to knowingly be in someone's presence who is in possession of heroin. The crime is a misdemeanor and punishable by up to one year in the house of correction and/or up to a one thousand dollar fine. This law in somewhat unique in that it requires affirmative responses of anyone who becomes aware that heroin is in his or her presence or on someone they are with. Usually laws do not punish people who are "present only". As a matter of fact, there is a jury instruction that tells jurors that if they find that a person was merely present at a crime scene that person cannot be convicted for that crime. The opposite is true here and anyone charged with this offense should contact a criminal defense lawyer right away.

Continue reading "Lawrence Massachusetts Police Arrest Three On Heroin Charges" »

Just yesterday the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Benjamin Cruz wherein after the defendant prevailed on a Motion to Suppress an illegal Search and Seizure the district attorney appealed to the state's highest court. The Court held that the mere odor of burnt marijuana without more does not give rise to reasonable suspicion of criminal activity. Cruz concluded as follows. In June of 2009 Boston Police officers were in the Jamaica Plain section of Boston working undercover. The defendant was sitting in a parked car smoking what initially looked like a cigar. The officers approached the car and detected an odor of burnt marijuana. Both the driver and the defendant (front seat passenger) appeared nervous. Backup units were called and the defendant was ordered out of the car. Upon questioning the defendant admitted to having crack cocaine in his possession. The lower court judge concluded that the officers should not have ordered the defendant out of the car. Upholding this decision the Supreme Judicial Court found among other things that Cruz's behavior did not give rise to reasonable suspicion of criminal activity, rather it was more indicative of infractionary conduct, i.e. Possession of Less Than One Ounce of Marijuana which is not criminal activity. The Court further held that the police had not made a showing that probable cause existed to support a search of the car in that there was no reason to believe that a quantity of marijuana consistent with criminal activity was in the car.

As many of our blog posts have suggested Motions to Suppress when argued properly and effectively can result in suppression of evidence and ultimately a dismissal of a criminal case. Attacking police conduct on constitutional grounds is what Criminal Defense Lawyers in Massachusetts often do when defending the accused. We take the approach that every case is worth fighting. That attitude has resulted in dismissals and acquittals for countless defendants over the years.

Continue reading "Massachusetts Supreme Judicial Court Rules That Odor Of Burnt Marijuana Does Not Give Rise To Probable Cause Or Reasonable Suspicion To Justify Search And Seizure" »

This past Friday evening Salem, Massachusetts police officers saw what looked to them like a drug transaction. The suspect, Aquiles Sanchez took off in his car leading officers on a chase. He then fled on foot. However, sixty two year old John Carr saw the cruiser lights and knew something was wrong. He saw Sanchez walking through a neighbors' yard. Carr told him to stop. He did not. Instead he took off running. Carr chased Sanchez and tackled him. Carr's son and other neighbors helped out. Eventually the police arrived and made an arrest. Sanchez is being charged with Trafficking Oxycodone, Operating to Endanger and Resisting Arrest. The case will be prosecuted in the Essex County Superior Court.

Read Article:

http://www.salemnews.com/local/x7462022/Salem-man-helps-police-by-tackling-drug-suspect

Essex County Drug Trafficking Defense Lawyer

As a Massachusetts Drug Crimes Defense Lawyer I am interested in knowing exactly what observations the police made that led them to charge Sanchez with Trafficking Oxycodone. Usually, officers see only "what they believe to be a drug transaction". Their reports talk about the suspect's "furtive movements" or an "exchange" they believe constituted drug distribution. Rarely are binoculars or cameras used to capture the exchange. Also, the suspected "purchaser" is needed to help prove the crime. This person usually engages a lawyer and cooperation for the purchaser is rarely used since he or she is likely to be charged with possession of the controlled substance only. Large scale drug dealers rarely conduct their business in public so the fact that Sanchez was found in possession of ten thousand dollars is not in this case likely to be supportive of this allegation. I am interested in knowing how much of the drugs were found on the purchaser and if this quantity had a value near the amount of money Sanchez was carrying. If these factors do not add up then the trafficking case might be defensible.

Continue reading "62 Year Old Salem Man Tackles Drug Trafficking Suspect, Detains Him Until Police Arrive" »

Police in Harwich, Massachusetts observed Gianni Trombetta engaged in what they believed to be a Narcotics Sale in a local parking lot. The time and date of this sale was not disclosed in the attached article however there is a suggestion that police were investigating this matter for months. An arrest warrant was secured and at a later time Trombetta was arrested. Police found over eighteen grams of cocaine in his possession at the time of the arrest. This is a quantity that satisfies the threshold for Trafficking Cocaine in Massachusetts. Subsequently officers searched Trombetta's home. They did so after obtaining a Search Warrant. During the execution of the search warrant officers found more cocaine, approximately ten grams worth. Jilliam Prudeaux who was living at that address with Trombetta was arrested. She has been charged with Possession With the Intent to Distribute Cocaine.

Read Article:

http://www.capecodtoday.com/blogs/index.php/2011/04/12/harwich-pair-arrested-on-cocaine-distrib?blog=80

Cape Cod Drug Trafficking Defense Law Firm

This article makes me suspicious about the validity of the search warrant. The Massachusetts case of Commonwealth v. Olivares, 30 Mass.App.Ct. 596 (1991) the Massachusetts Appeals Court found there was no probable cause to search a residence where there was no specific information in an affidavit connecting the defendant's residence to drug sales except observation of the defendant departing from the house and going to his place of business where a controlled buy occurred. If that is the situation here then Prudeaux has a chance to have the search suppressed.

Continue reading "Cape Cod Pair Charged With Cocaine Distribution, Possession With Intent After Cops See Sale, Execute Search Warrant" »

Armed with a Search Warrant yesterday Brockton, Massachusetts Police went to 28 Bunker Avenue, the home of Kamal Smith. They arrived to find Smith in his bedroom. He had near him a handgun, ammunition and some Marijuana. During the search officers also found nearly twenty grams of crack cocaine with an estimated street value of two thousand dollars. The bags of crack were individually wrapped. It is likely that Smith will be charged with Trafficking Cocaine Over Fourteen Grams in the Plymouth County Superior Court. It is also expected that charges of Unlawful Possession of a Firearm will issue as well. Additionally, over twenty Percocet pills were found and seized. Smith faces charges of Possession With the Intent to Distribute Class C and a School Zone Violation for this.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1076645145/Brockton-police-seize-2-000-worth-of-crack-cocaine-in-drug-bust

Brockton Massachusetts Drug Trafficking Defense Lawyer

So what are the indicia of Trafficking here as opposed to simple possession. The prosecution will argue several factors in support of this contention. The quantity of the drugs is most significant. The district attorney will have a drug expert, probably an experienced narcotics officer who will say that the quantity of drugs exceeded what is expected for someone who consumes those substances. The individual packaging also suggests the intent to sell. The gun they will argue was used as protection from potential drug rip offs. Conversely, Smith might be able to show a large drug habit and a recent purchase of the drugs. The absence of scales, packaging materials, drug receipts and more may help cast some doubt on the allegations of distribution as well. Smith's Massachusetts Criminal Defense Attorney will investigate defenses such as this as well as likely mounting an attack on the legality of the Search.

Continue reading "Brockton Man, 30 Arrested For Cocaine Trafficking, Firearm Possession After Cops Execute Search Warrant" »

Ali Jameal McMillan was arrested on Tuesday near a high school in Lynn, Massachusetts. According to the Lynn Item various Lynn Police officers were conducting surveillance after getting anonymous complaints about suspected drug activity in a particular location. During the operation officers found many people engaged in drug dealing transactions in that area. On Tuesday officers observed an individual get out of a car, walk towards another car and get back into his car. The car drove away and was stopped. The passenger, McMillan was observed reaching for his pocket. McMillan was told to get out of the car. He was searched and found in possession of thirty grams of cocaine. He has been charged with Trafficking Cocaine. The case will be prosecuted in the Essex County Superior Court in Salem.

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Salem Superior Court Drug Trafficking Defense Lawyer

Criminal Defense Lawyers in Massachusetts deal with cases like this one on a regular basis. This case, like most drug cases implicates Search and Seizure issues. McMillan's lawyer will likely focus on the propriety of the stop of the car in which he was riding and the search of his person that followed. Stopping the car on a hunch is not permissible. Nor is the fact that the car was traveling in or just left a high crime neighborhood. An objective standard is used to see if the officer stopping the car had the requisite reasonable suspicion to justify the stop. The prosecution must show that the officer with reasonable suspicion to believe a crime had been, was being, or was about to be committed, at the time of the stop. The detail provided by the newspaper report fails to adequately meet that threshold.

Continue reading "Man Arrested In Lynn Massachusetts Found In Possession Of Over 28 Grams Of Cocaine Faces Drug Trafficking Charges" »

Shortly after 11:30 yesterday morning someone living in the area of 18th Street in Haverhill, Massachusetts became concerned when observing a couple acting suspiciously. The anonymous person called the police. Officers arrived to find Tanya Burnham and her ex-husband Brayton Burnham in a car. As the officers approached the vehicle they saw Tanya put something in her purse. Brayton put something underneath the seat. When he got out of the car something dropped a bag of Heroin. The police located syringes containing a brown liquid believed to be Heroin. Apparently the Burnhams were about to shoot up. In the back seat of the car was Tanya's four year old daughter. Both have been charged with Possession of Heroin and Child Endangerment in the Haverhill District Court. Brayton Burnham has been charged with Drug Trafficking on an unrelated matter in the Superior Court.

Read Article:

http://www.eagletribune.com/haverhill/x1332408792/Police-4-year-old-girl-watches-as-mom-uses-heroin#

Haverhill Heroin Possession Defense Lawyer

Heroin is ingested many ways. It can be snorted, smoked or in this case injected. The younger user typically starts smoking or snorting heroin. This is because many people believe that ingestion in this manner will not lead to addiction. Every study shows that this belief is wrong. Any type of ingestion of heroin can lead to addiction. Another reason it is taken in this form is that people want to avoid the label associated with intravenous drug use. Eventually however when the user becomes accustomed to the drug through snorting or smoking they graduate to injecting the substance. I have represented hundreds of heroin users in my career and one thing remains constant. Every heroin addict ultimately commits other drug related crimes; i.e. distribution, trafficking, breaking and entering or larceny to pay for the substance. Experienced Massachusetts Drug Defense Lawyers know how to defend against these charges and also how to get their clients into programs that end their addiction. Often times successful completion of those programs serves as an alternative to a jail sentence or conviction.

Continue reading "Woman About To Shoot Heroin In Front Of Four Year Old Daughter Arrested By Haverhill Cops, Charged With Possession, Child Endangerment" »

Karen Morla Ramos is from the Domincan Republic. She was flying on JetBlue and questioned at a border checkpoint. Law Enforcement officers became concerned about the candor of her responses and conducted a pat down search. They found Ramos concealing cocaine in something resembling a diaper. The amount of cocaine in her possession exceeded one thousand grams. Ramos now stands charged with Trafficking Cocaine Over Two Hundred Grams. If convicted she will have to serve a fifteen year mandatory minimum sentence. She is currently being held on ten thousand dollars cash bail.

Read Article:

http://www.eagletribune.com/local/x1332407614/Police-charge-woman-had-coke-in-diaper#

East Boston Cocaine Trafficking Defense Lawyer

Drug smuggling takes on many forms throughout Massachusetts and the entire country. An article on http://investigation.discovery.com/investigation/drug-mules/smuggling-slideshow.html discusses several methods of smuggling drugs. One involves swallowing the substance which is sealed in a balloon or condom. The smuggler or "mule" then takes laxatives to get the drug out of his or her body. This can be dangerous particularly if the balloon breaks. Sometimes drugs are smuggled in computers. Bras have been filled with drugs. Drugs have been stuffed into animals and bugs. Other people smuggle drugs through soles of shoes. Children are used to carry drugs through airports as well.

Ramos' method for cocaine smuggling is somewhat unique. It appears that her best chance for success in her defense is a challenge to the airport search. Two questions must be addressed when deciding this issue. First, was Ramos free to leave. Second, if Ramos was not free to leave, did the police have reasonable grounds for suspicion, which would put their conduct in the clear. Ramos' fight will be a tough one for her Massachusetts Criminal Defense Lawyer.

Continue reading "22 Year Old Woman Caught Smuggling Cocaine Through Boston Airport And Wearing A Diaper Charged With Trafficking More Than 1,000 Grams" »

Jason Cavooto was arrested in December of 2010 after a Search Warrant was executed at his home in Marlborough, Massachusetts. During the search the police found a methamphetamine lab in a shed on Cavooto's property. They also located a loaded Firearm in his house. It is alleged that Cavooto had been running the lab for around a year. Items associated with the manufacture of the drug were also found during the search.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1840140179/Marlborough-meth-suspects-case-headed-to-grand-jury

Meth Labs in Massachusetts

Methamphetamine Labs in Massachusetts are extremely uncommon. The Drug Enforcement Administration (DEA) website reports that between the years of 2004 and 2010 twenty two meth labs were identified in Massachusetts. This is a relatively small number when compared to California which had one hundred seventy such labs in 2010 or Oklahoma which had two hundred nineteen the same year. Meth labs are extremely hazardous. Waste cleanup is a major undertaking once a lab has been identified and seized. Houses that are used a meth labs are often condemned and torn down. Recognizing meth labs is not easy for the average person. These labs are fond in campers, barns, sheds, houses, motel rooms and beds of pick-up trucks. They are often in residential neighborhoods. Meth labs have strong odors often mistaken for cat urine. Household products are used to make the product. These items include paint thinner, gasoline, freon, ether, drano, battery acid, cold tablets, propane cylinders, hot plates, diet aids and more. Because of its addicting quality and the environment damage associated with this drug the penalties for a conviction of Methamphetamine Crimes in Massachusetts can be very severe.

Continue reading "Massachusetts Man Likely To Be Indicted On Charges Of Running A Meth Lab" »

According to a report in the Boston Globe heroin is the most popular drug being sold on the streets north of Boston. Over four hundred fifty thousand "units" of Heroin were seized in that area last year. Cocaine was the second largest seller followed by Marijuana, Percocets and OxyContin. Heroin Dealers in Lynn, Massachusetts serve most of the Essex County while Heroin Dealers in Lawrence, Massachusetts target Maine and New Hampshire. Heroin might be the cheapest drug on the streets of Massachusetts right now. The article claims that most of the heroin is being imported from Mexico. It is often distributed by local and national gangs.

Read Article:

http://www.boston.com/news/local/articles/2011/03/20/heroin_tops_drug_use_in_lawrence_lowell_task_force_head_says/

Massachusetts Heroin Trafficking Defense Lawyer

Reports suggest that there exist at least seven, possibly eight drug cartels in Mexico. They have essentially consolidated into two rival alliances while attempting to maintain their independence as organizations. Mexico produces a very small percentage of the world's however it is a major supplier to the United States. The cartels have recently formed relationships with street gangs and prison gangs to improve and enlarge their trafficking networks. The cartel control over their activities in Mexico has been increased through intimidating and corrupting their law enforcement officials. There is some suggestion that the demise of Colombian Cocaine cartels over ten years ago has contributed to the rise in Mexican drug trafficking activities.

Continue reading "Heroin Top Selling Drug On Massachusetts North Shore, Merrimack Valley " »

Just under a month ago police from Lawrence and Methuen Massachusetts along with the FBI started an investigation after an FBI informant made a significant disclosure to authorities. Supposedly, Tony Diaz was offering free drugs to the informant. In return Diaz expected the man to kill someone who had been skimming drugs. With this information meetings with this informant and another were held with Diaz and under police monitoring. It is alleged that during these meetings Diaz gave the informants Cocaine and Heroin. Diaz told the informants that the target had stolen over one hundred grams. It is further alleged that during the final meeting Diaz gave the informant a loaded .38 caliber revolver with instructions to shoot the target in the face. Diaz denied the allegations during a post-arrest interrogation. He has been charged in the Federal District Court for the District of Massachusetts.

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http://www.eagletribune.com/local/x740871448/FBI-arrests-Lawrence-man-in-murder-for-hire-scheme#

Massachusetts Federal Criminal Defense Lawyer

The crime of murder-for-hire in federal court is codified under 18 U.S.C. §1958. The law states that anyone who uses interstate facilities with the intent to commit a murder for money or other compensation shall be punished. The prosecution must prove that the defendant used or caused someone else to use the interstate facility (here the use of cell phones) with the intent that the murder be committed. In a case like this the informants will have to testify unless the conversations were recorded. It would be interesting to hear exactly is on those recordings particularly where Diaz denied the murder-for-hire charge but admitted to Drug Distribution and Possession of the Firearm.

Continue reading "Feds Foil Drug Related Murder For Hire Plot, Lawrence Massachusetts Drug Dealer Charged" »

Members of the Seekonk, Massachusetts Police Department executed a Search Warrant at 79 Back Street last Thursday. As a result, five people were arrested and charged with various Drug Offenses. Specifically, according to EastBayRI.com charges of Possession With Intent to Distribute Class D and Conspiracy to Violate the Controlled Substances Laws were filed in the Taunton District Court. Another source claims that the issuance of the Search Warrant came on the heels of a two month investigation. A third source states that one of the accused is charged with Possession of Crack Cocaine, others with Distribution of Marijuana. In all twenty two bags of marijuana were found during the search of the home.

Read Articles:

http://www.wpri.com/dpp/news/local_news/5-people-charged-in-seekonk-drug-case

http://www.tauntongazette.com/archive/x868520198/Five-arrested-in-pot-bust-in-Seekonk#ixzz1G849ZuX6

Boston Marijuana Cultivation Lawyer

In these articles there is little information about how the police knew that marijuana was being grown in this home. From the charges that issued it appears that at least one of the defendants sold to an informant or an undercover police officer. There are however other ways to detect houses where marijuana is grown. Unusually high electric bills are often an indicator. Grow lights use a tremendous amount of electricity. Windows covered with dark plastic or heavy curtains sometimes indicate illicit activity. Condensation on windows is associated with marijuana cultivation. The humming of grow lights or rooms lighted twenty four hours per day might also signify the presence of this activity. There are of course innocent explanations that might account for the existence of these factors thereby making it extremely important that anyone charged with a Crime in Massachusetts contact an Experienced Massachusetts Criminal Defense Lawyer.

Continue reading "5 Southeastern Massachusetts Men Arrested On Drug Charges After Execution Of Search Warrant In Seekonk" »

Late last week a Massachusetts State Police Officer was on patrol on Route 138 in Raynham. At around 1:00 p.m. he observed a car following a pick up truck too closely, a violation of 720 Code of Massachusetts Regulation (CMR) 9.06(7). The trooper stopped the car and immediately smelled marijuana. He then saw a plastic bag containing marijuana in the center console. The passenger, Alexander Torres, eighteen from Brockton was asked what was in the bag. Torres responded that the drugs were his. There were five passengers in the car. One of them appeared to be shaking. All of them were ordered out of the car. The car was searched. The officer found several more bags of marijuana. Underneath the passenger seat the trooper found a loaded firearm. Torres accepted responsibility for the gun as well. The driver was cited for the Motor Vehicle Violation. Torres has been charged with Possession of a Firearm and Possession of Marijuana.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1073915927/Brockton-man-arrested-on-gun-drug-charges-after-traffic-stop#axzz1FvJHyFQc

In the past I have commented that Possession of Marijuana in Massachusetts is not a crime if the amount possessed is less than an ounce. It follows that stopping a car and finding marijuana in the car does not automatically give law enforcement the right to conduct a Search of the car. The constitutional protections associated with Searches and Seizures in my opinion strengthen in these situations. In the past in certain instances the police would have been warranted to search when they observed marijuana in plain view after making a lawful motor vehicle stop. That all changed with the decriminalization of small quantities of marijuana. There must now be more to justify a search after making such a cursory observation. The article does not convince me that this search was permissible. Torres might have a shot at suppressing the evidence seized if his Massachusetts Criminal Drug Crimes Defense Lawyer can argue an Unlawful Search and Seizure occurred.

Continue reading "Routine Traffic Stop Results In Gun, Drug Charges For Brockton Man, 18" »