Massachusetts Criminal Defense Attorney Blog

At 4:00 a.m. yesterday morning police responded to 27 Washington Street in Lawrence, Massachusetts for a call regarding commotion at that address. A patrolman knocked on the door waiting for someone to answer. While doing so he saw the defendant, Sandy Santos placing "something" underneath a seat cushion. The patrolman was then permitted to enter the home. When he did he looked under the cushion and saw a loaded .38 caliber handgun. Santos was arrested and charged with Carrying a Firearm, Unlawful Possession of Ammunition and Possession of a Loaded Firearm. The report states that the gun is being tested for fingerprints and DNA. The case is being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/punews/local_story_068001139.html

Massachusetts Gun Case Defense Lawyer

The charge of Carrying a Firearm carries with it a mandatory minimum eighteen month house of correction sentence. However, the statute prohibiting that activity, Massachusetts General Laws Chapter 269 Section 10(a) exempts such conduct where the activity occurs at home or at work. Here, the article states that Santos was at home at the time of the incident. I am also curious as to why the gun would be tested for fingerprints. The article states that the officer saw Santos place the gun underneath the seat cushion. Why then would it be necessary to have it printed or tested for DNA evidence. It is also suspect that Santos would offer entry to the officer. There was no search warrant. There was no probable cause to arrest. The officer had no legal right to enter the property. Why then would Santos open the door and let him in? This case is full of issues that bode well for the defense.

Continue reading "Lawrence Man Charged With Gun Possession After Police Him Try Hide Firearm Under Seat Cushion" »

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

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

Hand to Hand Sales of Drugs in Massachusetts

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

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

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

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

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

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

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

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

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

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

Trafficking Marijuana in Massachusetts

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

Trafficking Oxycodone in Massachusetts

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

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

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

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

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

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

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

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

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Three From Massachusetts Charged With Trafficking Oxycontins

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

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

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

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

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

Joshua Medeiros and Kimberly Vasconcellos had been watched by police for several months after neighbors complained about suspicious activity at their Somerset, Massachusetts home. The officers set up surveillance and confirmed the neighbor's complaints. They observed a pattern of cars pulling up to the home, someone entering the home and leaving after a short visit. Police also witnessed Medeiros meet with people just a short walk from the home and behind a neighboring school. They were able to set up a successful "controlled buy" with the help of an informant. With that information a search warrant was authorized. The search of the property yielded heroin, marijuana, marijuana plants and assorted drug possession and distribution paraphernalia. The couple has been charged with Conspiracy, Possession With Intent to Distribute Heroin and Marijuana, Possession of Drug Paraphernalia and Violation of the Massachusetts School Zone laws. Charges are now pending in the Fall River District Court.

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Search of Home in Somerset Leads Cops To Pot Plants, Drug Paraphernalia, Massachusetts Couple Charged

So what happens to Medeiros and Vasconcellos now? As with most drug cases the initial focus of the defense will be on the validity of the search warrant. There will likely be a challenge to the issuance of the warrant based on either the absence of probable cause in the supporting affidavit or the integrity of the facts stated in the supporting affidavit. If the challenge is unsuccessful the defense then might center on the sufficiency of the evidence to sustain the charges against one or both defendants. Factors to consider are the relationship between the defendants, the location of the drugs found in the home, the defendant's habits as drug users, if any and more.

Continue reading "Massachusetts Couple Charged With Conpiracy, Possession With Intent To Distribute Marijuana, Heroin After Execution Of Search Warrant" »

Shortly before eight o'clock yesterday morning police arrested Fausto Garcia was arrested at his home in Haverhill, Massachusetts. Then, police obtained a warrant to search his home. They searched the premises and found one hundred forty grams of cocaine and more than twenty grams of heroin. Both quantities are sufficient to justify the charges of Trafficking Heroin and Trafficking Cocaine. In fact, that is exactly what Garcia has been charged with doing. The case is currently pending in the Haverhill District Court. No doubt the Essex County District Attorney's Office will present this case to the grand jury and obtain indictments. Ultimately this case will be prosecuted in the Essex County Superior Court that usually sits in Salem. The newspapers state that weapons charges have been filed against Garcia as well.

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Haverhill, Massachusetts Man Present When Search Warrant Is Executed Gets Charged With Trafficking After Heroin And Cocaine Seized

So what does this mean for Garcia. Well he better hire an experienced Massachusetts Criminal Defense Lawyer who handles drug cases. He is looking at a minimum mandatory ten year sentence on the cocaine case and another five years on the heroin case. The sentences can be higher than this but usually when someone gets convicted of multiple drug offenses the sentence on the less severe cases runs concurrent with the sentence on the case requiring a greater minimum mandatory. Anytime I get a case like this one I immediately look to see if the defendant's constitutional rights have been violated. If so, I filed a Motion to Suppress the Illegal Search and Seizure. Most of the time when these motions succeed the case gets dismissed. In this case it is critical to know what the police observed prior to arresting the defendant and what information they had, if any that drugs were in his home. It is also important to learn who else lived in the home and from what location in the home the items were seized. Sometimes these cases are triable as well, particularly where there is a strong suggestion that someone other than the defendant had possession of the drugs.

Continue reading "Haverhill Massachusetts Man Charged With Trafficking Cocaine And Heroin" »

Police in Quincy, Massachusetts were surveilling a parking lot at a supermarket this past Tuesday night. They saw two men arrive in a car and make a cell phone call. No one got out of the car. The car then left and went to a nearby Burger King. The police observed someone from another car get into the one they were watching. The police then descended on the vehicle and made arrests. They charged Gilbert Torres of Boston, the driver with Heroin Distribution. Robert Cefalo, the man who got into the car was charged with Heroin Possession. Michael Evans was charged with Knowingly Being Present Where Heroin is Kept as was Christopher Bates. The case is now pending in the Quincy District Court.

Four Massachusetts Men To Be Prosecuted For Heroin Crimes In Quincy

As with most drug cases the district attorney will have to fight a challenge to the constitutionality of the stop of the car. Massachusetts courts have made clear that just being in a high crime area is not enough to justify a stop. Nor for that matter is walking away from police officers. Similarly, if the area where the police observed the defendants is considered a high crime area that does not permit a stop and search of the car. What then did the officers in this case have for probable cause to stop the car? According to this article nothing but a hunch. That is not sufficient to permit the intrusion and without more would require suppression.

Continue reading "Four Arrested In Quincy Massachusetts On Drug Charges Involving Heroin" »

Steven Reth of Western Avenue in Lynn, Massachusetts was just indicted for a Firearms Violation, specifically Gun Possession. The prosecution has alleged that in July of 2009 Lynn police responded to a call reporting gunshots. Upon arrival an officer observed a suspicious car that he followed for a distance. Reth later jumped out of the car and was pursued. Prior to his apprehension the police claim to have seen him toss an item that was later located. It was a handgun. The case is being prosecuted in the Essex County Superior Court in Salem. Reth has a felony record and has been convicted of several crimes in the past.

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Massachusetts Man Faces Gun Charges In Salem

In cases like this a Massachusetts Criminal Defense Lawyer would probably focus his defense on the constitutionality of the stop of Reth's car. While following a suspicious car is not a violation of someone's constitutional rights certain actions of the police might have been. Pulling the car over for no reason other than it appearing "suspicious" might result is suppression of the stop. The defendant pulling his car over and running would not give rise to probable cause to arrest without more. Reth may have some viable defenses to his case but search and seizure issues seem a more likely target for his lawyer.

Continue reading "Lynn Massachusetts Man Indicted For Gun Possession, Case To Be Prosecuted In Salem" »

In August of this year Yehuda Cohen was arrested for his purported involvement in a drug deal in Weymouth, Massachusetts. His home was searched and police seized cocaine, drug paraphernalia and cash. At that time Cohen was charged with Possession With Intent to Distribute Cocaine, Conspiracy and Distribution of Cocaine. This past weekend Cohen was arrested again. It was reported that an informant tipped police off to the fact that Cohen was still dealing. A search warrant was obtained and executed at Cohen's home. Apparently all the police found was a small amount of cocaine because he has been charged with Possession and Conspiracy only at this time. However, during the search Cohen's apparent suppliers Ernesto Arias and Isa Fernandes, both from Brockton arrived with sixty bags of cocaine totaling fifty five grams. Both of them were arrested. They have been charged with Trafficking Cocaine Over 28 Grams. All cases are currently pending in the Quincy District Court.

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Brockton, Massachusetts Drug Dealers Who Arrive To Stock Customer During Raid Get Arrested For Trafficking

Cohen is probably not in as much trouble as the article suggests. Absent a lengthy criminal record people charged with possession of drugs usually do not go to jail. Rather, their cases get dismissed, continued without a finding or a period of probation is imposed. The conspiracy charge in this case will not likely survive. It will be difficult for the police to show that Cohen conspired with Arias and Fernandes. I doubt that either will testify against him. Additionally, Cohen might be able to get all charges dismissed if his lawyer is able to show that the search warrant should not have been issued. The strength of the case against Arias and Fernandes is uncertain given the details in this article. Defense attorneys will look to see where the drugs were found in the car, who owned the car, what interaction the defendants had with the police or Cohen, if any and what facts link these two to the drugs. It would not surprise me to see the charges dismissed as to one of these two defendants.

Continue reading "Massachusetts Drug Dealer, Supplier Arrested For Cocaine Trafficking Face Charges In Quincy" »

Weymouth, Massachusetts police received a tip that cocaine was being delivered to a particular area on a regular basis. Accordingly they watched the location. A drug unit detective observed a suspected drug dealer's car with two occupants pull up to the address around 8:00 this past Saturday evening. A woman who lived at the address got into the car. The car drove around the block and returned to the original location. Police then stopped the car and made inquiry. The woman, Cherie Kelley confessed to having purchased cocaine from the men. Police then searched the car and found over fifty grams of cocaine and over one thousand dollars cash in the vehicle. The other occupants, Juan Castillo, of Randolph, and Jose Caballero, of Boston were arrested and charged with trafficking cocaine and conspiracy to violate the controlled substances laws. Their cases are now pending in the Quincy District Court.

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Three Face Cocaine Charges In Quincy District Court, One For Possession, Two For Trafficking

Assuming this case was accurately reported there are several defenses that come to mind. The district attorney must show that the police officers had probable cause to stop the car. Picking someone up at her house and driving around the block by itself does not establish probable cause. There has to be much more for this stop to survive a constitutional challenge. If the stop is ruled illegal then the drugs cannot be used as evidence. It is also going to be difficult for the prosecutor to show which one of the two men was in fact responsible for the trafficking. If the drugs were not found in their possession and no physical evidence links them to the drugs there will not be enough evidence to convict them of trafficking.

Continue reading "Two Boston Men Charged With Cocaine Trafficking After Being Stopped In Weymouth" »

Last week police officers from Braintree, Quincy and Randolph were looking for Anthony Bradley after they received a tip that he was selling drugs. The police knew Bradley as he had been arrested in the past for drug charges. As a result of this tip officers observed Bradley, whom they knew had a suspended drivers' license, pull up to another car. Consequently the police arrested Bradley and searched his vehicle. While doing so they found Oxycontin pills in a make-up container purportedly belonging to his passenger. The female's purse contained another container in which there were more pills. Bradley has been charged with possession of OxyContin with intent to distribute and conspiracy. He also faces Motor Vehicle Charges for driving with a suspended license. The passenger will also be charged however she was not arrested. The case is being prosecuted in the Quincy District Court.

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Massachusetts Man Stopped And Arrested On Drug Charges To Be Prosecuted In Quincy

Bradley might have difficulty defending the Motor Vehicle Crime however the drug case might not be so difficult. The article suggests that no drugs were found on Bradley nor did the police see him handling at all. The drugs were not remotely in his possession either directly or constructively. There is no evidence showing that Bradley had the intent to sell the drugs. Additionally, there is no evidence establishing that Bradley and his female passenger were conspiring to sell the drugs. Bradley might have a good shot at this case.

Continue reading "Massachusetts Police From Braintree Randolph And Quincy Arrest Man For Possession With Intent To Distribute Oxycontins" »

This past Wednesday night police officers in Weymouth, Massachusetts observed someone they knew to be a drug user drive out of a parking lot. They followed the car, saw it stop and then saw someone get in the back seat. The unnamed drug user drove around the block and the other person got out of the car. Police stopped the driver who informed them that he had just purchased Oxycontin pills from the man he had just dropped off. The suspect, William Shores was stopped and found with additional Oxycontin pills. He was charged with Distribution of Oxycontins, Possession With the Intent to Distribute Oxycontins and Conspiracy. The case is pending in the Quincy District Court.

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Drug Charges Filed Against Massachusetts Man Who Was Selling Oxycontins

As to Shores the defense of this case will focus on the legality of the stop of the drug user. Massachusetts Courts have held that police may stop motor vehicles to conduct a threshold inquiry if they have "a reasonable suspicion that the occupants have committed, are committing, or are about to commit a crime." This suspicion must be based on specific, articulable facts and cannot be based on a hunch. The Supreme Judicial Court held that two young men in a motor vehicle at 4:00 in the morning coupled with the fact that one of the occupants tried to shield his face from the officers did not justify a stop. The facts of this case as more benign and suggest that the Weymouth police had no reason to stop the drug user. From that they could not then use that information to stop and search Shores.

Continue reading "Weymouth Massachusetts Man Arrested For Sales Of Oxycontins" »