Massachusetts Criminal Defense Attorney Blog

The manager of a rooming house in Lawrence, Massachusetts found a laptop in the laundry room that she believed belonged to one of the tenants. Rather than return it the woman opened it and found images of Child Pornography. She then called the police. It was determined that the computer belonged to Gerard Anthony Burbine, a registered sex offender. Lawrence police then secured the laptop. They obtained a Search Warrant and a search of its contents confirmed the presence of Child Pornography. Burbine was previously charged with and convicted of Possession of Child Pornography for which he received a jail sentence. Right now, according to the Lawrence Eagle Tribune Burbine is being held on thirty thousand dollars bail for Enticing a Minor to be Exhibited in a State of Nudity. The case is being prosecuted in the Lawrence District Court but will probably be moved to the Essex County Superior Court in Salem, Massachusetts.

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Massachusetts Child Pornography Defense Lawyer

Lawrence Massachusetts Sex Crimes Lawyer

I imagine that Burbine is being charged under Massachusetts General Laws Chapter 272 Section 29A. That statute prohibits anyone from enticing someone whom he knows or should know is under eighteen years old from enticing that person to be exhibited in a state of nudity. A conviction for that offense is a felony for which there is a ten year minimum sentence. The article here makes no mention of facts that support this charge. Thus, I can only assume that during the forensic examination of the computer there were some emails or chat line communications located that suggested some sort of enticement.

Any Experienced Massachusetts Criminal Lawyer will tell you that there are always defenses to cases like this one. It is likely that the rooming house has one IP address that the tenants share thereby making internet access easy for everyone. The fact that the laptop was found in the laundry room suggests that someone other than Burbine was using it. Think about it. Why would he need the laptop in the laundry room? And, if he was using it there why would he leave it there? People living in rooming houses have limited means and are inclined to protect their personal belongings, not leave them in open areas. Aside from the device, what links Burbine to the illicit activity? Did anyone see him perusing the unlawful material? Are there any personal identifiers showing that he was the person who accessed the Child Pornography? Perhaps there is nothing more than stated in this article thereby making a prosecution of this case more difficult that it initially appears.

Continue reading "Lawrence Massachusetts Sex Offender, 70, Found in Possession of Child Pornography, Charged with Massachusetts Sex Crimes" »

In Broward County Florida a criminal charge issued in large part due to texting between defendants and Facebook posts that detailed their plan. The text messages discussed what to do with the victim's body. The Facebook posts were more detailed and accompanied by photos and entries that offered law enforcement a nice timeline of the defendants' activities. If this was not enough one of the defendants told a friend how he strangled the victim and where he left her body. This admission continued with complaints about how bad the decomposing body smelled followed by texts to the co-defendant repeating this concern. The defendant then went to visit with a drug counselor where he once again confessed to having killed a named and missing woman. The drug counselor contacted the police. The police responded and gave the man his Miranda warnings. He then spoke to the police and provided them with a statement.

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Getting Confessions Suppressed in Massachusetts

Any Massachusetts Criminal Defense Lawyer will tell you what I have repeated countless times to prospective clients, existing clients and through this blog. Nothing good can ever happen when you talk to the police. Nothing good can happen when you text about having committed crimes. Nothing good can happen when you post details of your criminal activities on Facebook. I cannot find any crime statistics in Massachusetts or other parts of the country that identify how many indictments or complaints would not have issued had the accused not opened his or her mouth. I am confident that the number is much more than one half. Another statistic that I am interested in is how many criminal convictions are directly attributed to the accused opening his mouth, or taking out a pen or entering text into some sort of electronic device. That number must be staggering. In my practice alone I see way too many people who have talked, texted or posted prior to calling me for advice.

So how do Massachusetts Criminal Lawyers handle this issue. Well, filing a Motion to Suppress is always prudent. If the police took the statement without following proper constitutional requirements the case may be dismissed. Similarly, at times text messages or Facebook posts can only be properly accessed through Search Warrants and a failure to get one validly issued can be fatal to the district attorney's case. Where the post or text is published in a public forum suppression is not that easy and the accused may have to resolve his case without a trial to get the best result. Social media and electronic communications make prosecuting much easier these days. That is why it is necessary for the accused to Hire an Experienced Criminal Defense Lawyer.

Continue reading "Text Messages and Facebook Posts Becoming More Common in Massachusetts Criminal Prosecutions" »

This past weekend police in Framingham, Massachusetts raided the home of Dylan Laird, a twenty one year old man living on Day Hill Road. The Metrowest Daily News reports that early Sunday night Laird was seen selling marijuana to a female not far from his home. Police stopped the woman. She surrendered the drugs and the police applied for and obtained a Search Warrant for Laird's home. Inside they found over fourteen grams of Meth (Crystal Methamphetamine) in various locations in the home. They also found several bags of marijuana. In excess of thirteen thousand dollars cash was taken during the raid. Scales, packaging materials and assorted Drug Paraphernalia were seen in the premises during the search process. Laird has been charged with Possession With the Intent to Distribute Marijuana and Trafficking Methamphetamine. Bail was set in the amount of twenty five thousand dollars. Laird is facing a Probation Violation as well. The case in currently in the Framingham District Court. The district attorney will likely indict this case and prosecute Laird in the Middlesex County Superior Court in Woburn.

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Framingham Drug Trafficking Defense Lawyer

Any Massachusetts Criminal Lawyer will tell you that based on the information in this article Laird's chances of success hinge on the constitutionality of the Search Warrant. The first thing to analyze is the credibility of the police officer's observations relative to the sale between Laird and the unidentified woman. What did they see? From what vantage point or location did they see the purported transaction? Was their view clear? How did they in fact determine that this was a drug deal? The next thing to look at is the credibility of the woman they stopped. What was in her possession? If there were drugs, what type? Marijuana? Crystal Meth? How much drugs was she possessing? What information did she give the police? What was her motive in providing this information? Does she have a criminal record? Was she using drugs at that time? Was she arrested and if so, with what was she charged? The next part of the analysis contemplates whether the information this woman provided coupled with the police observations gives rise to the issuance of the Massachusetts Search Warrant. This woman's veracity and her basis of knowledge must be properly assessed if the information she provided is considered in the Search Warrant Application process.

Trying to Suppress Searches in Massachusetts is something our office attempts regularly for Massachusetts Drug Cases. Suppression often results in the dismissal of a criminal case. Without the drugs the district attorney is usually unable to proceed with its criminal charges. Hiring a Massachusetts Drug Crimes Lawyer who knows the law and is able to convince judges that a Search and Seizure was unlawful is critical to anyone charged with a Drug Crime in Massachusetts. Our offices have won countless drugs cases this way in counties throughout the state.

Continue reading "Framingham Man Arraigned on Drug Trafficking Charges After Raid Nets Meth, Marijuana, Cash" »

A Salem, Massachusetts police officer became suspicious the other day when he saw a car with dark tinted windows. He then followed the car. He observed the car failing to stop for people in a crosswalk. The officer pulled the car over and quickly learned that the driver, Julio Cruz of Salem, Massachusetts was Operating With a Suspended License. Cruz, who was known to the officer claimed that he was out delivering pizza. No pizzas were in the car. Cruz was then arrested. His passenger, Enrique Gray-Santana, also of Salem, Massachusetts was also arrested for carrying a knife with a blade longer than permissible by town ordinance. The car was towed. It was also searched. Inside of the vehicle officers found enough cocaine to justify a trafficking charge. Both men now face charges of Trafficking Cocaine in the Salem District Court. If the weight of the cocaine satisfies trafficking threshholds then the case will be prosecuted in the Essex County Superior Court in Salem. Cruz has a pending Cocaine Distribution case pending in the same county.

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Salem, Massachusetts Cocaine Trafficking Defense Lawyer

Cocaine Distribution Law Firm in Massachusetts

Depending on the information contained in the police reports the district attorney's case here might be susceptible to a Motion to Suppress. Forget about the stop for a minute. Forget about the "Motor Vehicle Violation". Even if there is justification for the stop the officer's conduct might have exceeded what is permissible under the United States Constitution and the Massachusetts Declaration of Rights. The law in Massachusetts does permit what are called "inventory searches" in some situations. The police may search someone arrested at the place of detention to secure the person's property. An inventory policy must be followed to justify the search and if done properly the items seized can be used as evidence against that person. Inventory Searches of Motor Vehicles however are subject to a different procedure. Impounding motor vehicles is generally found to be justifiable if the district attorney can show public safety concerns or a risk of vandalism or theft to the vehicle if abandoned at the scene of the arrest. If an unarrested passenger can drive the car the impoundment will be considered illegal. Subsequent searches of the impounded vehicle might however be subject to a constitutional challenge. For example, Massachusetts Courts have held that the search of a towed car was investigatory and not an inventory search where the police used a drug sniffing dog to find drugs. Investigatory searches require Search Warrants. Inventory searches do not. Police inventory polices must be in writing and followed for an inventory search to survive a Motion to Suppress. Inventory searches have three purposes in Massachusetts; to protect the property in the car, to protect the police against claims of theft and to protect the public from danger. It is the district attorney's burden to establish that he search was a lawful inventory search.

Continue reading "Salem Men Arrested, Charged With Trafficking Cocaine After Car Stopped For Traffic Violations" »

Back in early February Hingham, Massachusetts Police responded to a call for a dispute between a landlord and her tenant. Officers were advised that the woman had several aliases and was using multiple identities. An ensuing investigation showed that the woman, Wanpen Florentine had multiple birth dates, a couple of Massachusetts drivers' licenses and perhaps more than seven names. Florentine was registered to vote under two difference names. Last week Florentine was arrested and charged with various Fraud and Identity Theft crimes, five of which are felonies. This past Monday a Search Warrant was obtained and Florentin's home in Hingham was searched. The defendant is sixty two years old. She is being held on one hundred twenty five thousand dollars bail.

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Massachusetts Identity Fraud Crimes Defense Lawyer

The Massachusetts Identity Theft statute is G.L. c. 266 §37E which states that anyone who poses as someone else without that person's permission and uses that identifying information to obtain goods, money or other items of value, or uses that identifying information to harass someone else is guilty of a misdemeanor. The punishment for a conviction for this offense is no more than two and one half years in the house and the possibility of a fine of up to five thousand dollars. Interestingly enough, it does not appear that the defendant in this case has been charged with this offense. Instead, she has been charged with Fraud related Motor Vehicle Crimes that are felonies, meaning that there is a possibility that the defendant will be indicted and could face a state prison sentence. Obviously the district attorney believes that her actions were serious enough to warrant prosecuting pursuant to other statutes.

Identity Theft is becoming rampant in this country. It is estimated that over nine million people are the victims of some sort of identity theft crime every year. The danger to fraud victims is real and may not be realized for years. Victims of this type of criminal activity may be denied job opportunities, loans and are sometimes arrested for allegations that they committed crimes that they in fact never committed. We have represented many people who have been charged with Crimes in Massachusetts who never actually committed these crimes. The people who stole their identity were the actual perpetrators of the crime. You can imagine the surprise and shock to the accused in these cases when they are arrested for drug offense, theft crimes or crimes of violence that they never even heard about.

Continue reading "Hingham Massachusetts Woman Arrested, Charged With Identity Theft, Fraud" »

Roberto Saldana of Boston and Rose Marquez-Cartegena of Lawrence, Massachusetts were arrested late last week by members of the Essex County Drug Task Force. The Lawrence Eagle Tribune reports that Saldana was caught Distributing Heroin on six occasions to an undercover officer starting in January of 2012 and ending with his arrest on February 28, 2012. Each time Saldana was within one thousand feet of Central Catholic High School. During Saldana's arrest the police found a set of keys to a local apartment in Saldana's possession. Officers then took Saldana back to the home and has him open the apartment door. There officers found Marquez-Cartegena who was also arrested. A Search Warrant was obtained following her arrest. In the apartment authorities located and seized over seventeen thousand dollars cash, Drug Paraphernalia including cutting agents, packaging materials and a scale. Marquez-Cartegena has been charged with Possession With the Intent to Distribute Class A Heroin in a School Zone. The cases are pending in the Lawrence District Court. It is probable that the district attorney will not indict these cases.

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Lawrence Massachusetts Heroin Distribution Lawyer

Massachusetts Drug Violation in a School Zone Defense Attorney

The Massachusetts School Zone Drug Law was established in 1989 under G.L. c. 94C §32J. The law makes it a felony for anyone to Distribute, Possess With the Intent to Distribute or Traffic a controlled substance within one thousand feet of a school zone or within one hundred feet of a public playground or park. There is a minimum mandatory two year sentence for a conviction of this crime. Schools for the purpose of this law includes both public and private schools, pre-schools, secondary schools and vocational schools. It makes no difference if the school is in session or not, day night or vacation. In 2010 the Massachusetts legislature amended the law so that in many instances someone convicted can be paroled after serving one year.

As most Massachusetts Criminal Defense Lawyers will tell you School Zone Cases are often "broken down" by the district attorney's office. This means that for many accused, particularly first time drug offenders with no criminal record, the district attorney's office will agree to dismiss the School Zone Charge in exchange for a plea to a either a Possession With Intent charge or a simple Possession charge. Oftentimes an experienced Massachusetts Criminal Lawyer will be able to negotiate a continuance without a finding to the remaining charges thereby keeping the accused's criminal record clean.

Here, while Saldana might have some problems it seems like Marquez-Cartegena's case might have some good defenses. The police had no right to force Saldana to open the apartment door prior to obtaining a search warrant. If anything learned as a result of that unlawful entry gave a basis for the issuance of the search warrant the warrant might be declared invalid and the search struck down as unconstitutional. Also, Marquez-Cartegena's mere presence at the apartment does not by itself provide sufficient evidence by which a jury might find her with the intent to distribute drugs. Massachusetts case law has been clear on this point. Presence at the scene of a crime with nothing more is insufficient to sustain a conviction for a crime.

Continue reading "Two From Massachusetts Face School Zone Violation Charges After Arrest By Essex County Drug Task Force For Distributing Heroin" »

A Massachusetts drug and major crime task force had been involved in a one month long investigation of Heroin Sales in the greater Brockton and Taunton areas. The investigation resulted in the arrest of Leah Nelson, Abel Parker and Bryan Donachie, all Massachusetts residents residing in Plymouth County. An article in the Brockton Enterprise states that police watched Donachie travel from Wareham to East Bridgewater in Nelson's car. Implicit in the article is that Donachie was using the car and making the trips as part of a Heroin Distribution effort. The officers obtained a Search Warrant for the car. This past weekend detectives saw the three defendants in the car. They approached and found Nelson in the driver's seat, Donachie in the front and Parker in the back. As they approached the car the officers saw Parker packaging heroin. All occupants were searched. The police found about ten grams on Donachie. Each defendant was charged with Conspiracy, a School Zone Violation and Possession with the Intent to Distribute Heroin, a Class A substance. Nelson's car was searched as well. There, officers located Drug Distribution Paraphernalia, about one thousand dollars worth of heroin and some heroin ingestion materials. Authorities claim that Donachie was purchasing about ten grams of heroin per day, breaking it down and reselling for a substantial profit. The cases are being prosecuted in the Brockton District Court.

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Massachusetts Drug Crimes Attorney

The School Zone Violation is the biggest problem the defendants in this case, particularly since this case is being prosecuted in Plymouth County. The district attorney in that county does not like to break down school zone cases. The result is that the case will likely be litigated either through a Motion to Suppress, Motion to Dismiss or trial. The prohibition against selling drugs in school zones in Massachusetts is governed by Massachusetts General Laws Chapter 94C Section 32J. The law states that anyone who sells drugs or possesses drugs with the intent to distribute the drugs within one thousand feet of a school zone or within one hundred feet of a playground shall be punished by a minimum mandatory two year jail sentence. The defendant's intent or knowledge relative to the school zone itself is of no relevance.

From the perspective of a Massachusetts Drug Crimes Lawyer, it appears that Donachie and perhaps Nelson and Parker have drug problems. The presence of the needles and syringes supports that at least one, if not all of the defendants were using Heroin. Using narcotics is consistent with Possession, not the intent to distribute. The district attorney will argue that the act of packaging suggests otherwise. The evidence as taken from this article suggests that a combination of the two are at work here. At times this factor can motivate prosecutors to consider a reduction of the charges to something less onerous and perhaps something that will not include jail time. Much of this depends on the record of the accused, the extent of his or her drug problem and the quantity of drugs involved. In cases like this one, the defendants need a good lawyer.

Continue reading "East Bridgewater Massachusetts Drug Investigation Results in Arrest of Three, Charged with Possession with Intent to Distribute, Conspiracy, School Zone Violation" »

This past weekend a thirty seven year old homeless Lawrence, Massachusetts man told police that he had been shot in the elbow. An investigation was quickly launched leading the police to an address on Broadway. Officers arrived, were permitted to enter the address and were presented with BB guns. They claim that at that time they were able to see drugs, heroin and marijuana in plain view on a table. The person present in the home was a woman (Torres) who quickly accused her husband, Tommy Galarza as the person to whom the drugs belonged. Torres and Galarza were both arrested and charged with various Massachusetts Drug Crimes. Officers then applied for and obtained a Search Warrant. During the execution of the Search Warrant the police located thirty five grams of cocaine, twenty five grams of heroin, oxycontin pills, assorted pills, cutting agents, a scale and cash. Both Torres and Galarza have been charged with Trafficking Cocaine and Trafficking Heroin as well as Possession of Class B With the Intent to Distribute. It is likely that a Conspiracy charge will be filed as well. Through these efforts Lawrence Police were also able to meet up with a man by the name of Brian Smith, a neighbor. Smith was charged with Possession with Intent to Distribute Cocaine and Possession with Intent to Distribute Heroin. These cases will likely be prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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Essex County Drug Crimes Lawyer, Salem, Lawrence

The case against Galarza seems to be the strongest for the defense. The police went to the home. He was not there. They see drugs in plain view in a common area in the home. There is no admission or confession by Galarza. His wife's statement cannot be used in court against Galarza and in my experience it is extremely for one spouse to testify against the other. In Massachusetts, when someone is present in a home where drugs are dealt the law makes clear that this presence, in and of itself, is insufficient to sustain a prosecution for drug dealing activities. There must be proof that the defendant had control, knowledge and power along with the ability and the intention to exercise dominion and control over the drugs. This is not present here. We have no idea when the drugs entered the home and whether or not Galarza was even present in the home when the drugs were present. His wife's self-serving, legally inadmissible statements cannot be used by the district attorney in a prosecution against Galarza. Massachusetts law states that presence and awareness standing alone do not constitute evidence that will warrant a jury to infer the intention and ability to exercise and control over the drugs. That being the case no one can reasonably argue that the facts in this case are sufficient as to Galarza to permit this prosecution to stand.

Continue reading "Lawrence Massachusetts Police Arrest Three People For Trafficking Heroin, Cocaine While Investigating Gun, Shooting Case" »

Around 4:30 in the morning this past Sunday Massachusetts State Police responded to a call for a Motor Vehicle accident in the northbound lane of Route 24. The arrived to learn that Jason Ribeiro of Brockton, Massachusetts was driving a car the rear ended another vehicle. The victim called 911. The police investigation revealed the presence of a large capacity loaded firearm in Ribeiro's car. Both of Ribeiro's passengers, a juvenile and John Pires also from Brockton were charged with Possession of a Firearm. The case is currently pending in the Brockton District Court.

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Brockton Gun Defense Lawyer

It is extremely uncommon for multiple parties to get convicted for possessing the same firearm, particularly where the weapon is found in a motor vehicle. Unless one of the occupants is actually holding the gun or the weapon is tested for fingerprints there is simply no way to attribute Possession of the Firearm to one of the parties as opposed to the others. Now Massachusetts and most other jurisdictions recognize that someone can "constructively possess" an item. The law on constructive possession states that even without actual physical possession of an item a person can be legally responsible for possessing that object via constructive possession. To be convicted for possessing an item under that theory the prosecution must prove beyond a reasonable doubt that the accused has knowledge of the object, the ability to exercise control over that object and the intent to exercise control over that item. As to constructively possessing a gun in Massachusetts one of the leading cases holds that you can infer constructive possession of the gun "from defendant's proximity to gun in motor vehicle, where evidence that, when stopped by police, defendant 'first leaned forward and to the right before complying with the order to raise his hands[,] . . . [and] [a] loaded handgun was found protruding from under the passenger seat in the vehicle he was operating'". Conversely, one cannot infer constructive Possession of a Gun in Massachusetts where the gun is in proximity to a defendant's personal papers. Proximity and knowledge do not show possession.

So how here does the district attorney sustain a prosecution against all three where there exists only one gun? They probably cannot. This is where the assistance of an Experienced Massachusetts Firearm Defense Lawyer becomes necessary. It is possible in some circumstances to succeed on a motion to dismiss in cases like this, at least as to two of the defendants. It might be possible for that motion to apply to all three defendants. To better assess this case it is necessary to know where the weapon was found in the car. What if anything did the defendants say. Is there any physical evidence on the weapon that links one or more of the suspects to the gun; i.e. DNA evidence or fingerprint evidence. What did the person in the other car see relative to the weapon. Where was the weapon found in the car? Who was the owner of the car?

Continue reading "Three From Brockton Charged With Possession Of A Firearm After Sunday Morning Crash" »

A twenty four year old Medford, Masschusetts man, Brian Falasca was attempting to visit an inmate at M.C.I. Framingham this past weekend. During a search of his person prison guards found a suboxone pill in his shirt pocket. Falasca was interviewed. He denied intending to give the pills to the inmate. He claimed to have forgotten that he had the pills in his pocket. Subsequently, Falasca's car was searched. In it authorities found forty five additional suboxone pills, some cash and Marijuana. Falasca has been charged with Possession With the Intent to Distribute Suboxone, Conspiracy to Violate the Controlled Substance Laws and Delivering Drugs to a Prisoner. The case is being prosecuted in the Framingham District Court.

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http://www.metrowestdailynews.com/news/police_and_fire/x1712042048/Man-charged-with-bringing-drugs-to-Framingham-inmate

Framingham Massachusetts Drug Crimes Defense Law Firm

Delivering Drugs to a Prisoner is a felony punishable by up to five years in state prison in Massachusetts. The crime is set out in Massachusetts General Laws Chapter 268 Section 28 which states that "[w]hoever gives or delivers to a prisoner in any correctional institution, or in any jail or house of correction, any drug or article whatever, or has in his possession within the precincts of any prison herein named with intent to give or deliver to any prisoner any such drug or article without the permission of the superintendent or keeper, shall be punished by imprisonment in the state prison for not more than five years, or in a jail or house of correction for not more than two years, or by a fine of not more than one thousand dollars." There is very little case law on this crime. The law is cited in two unpublished criminal cases and one non-criminal case. If the act of distribution or attempted distribution is witnessed by prison guards or others the case is difficult to defend. However, in this case a defense might be more successful.

Falasca's intent to deliver the drugs to an inmate has to be proven beyond a reasonable doubt by the prosecution. That might be a difficult task in this case. Suboxone is a drug used to treat opiate dependence. It is a medication that necessitates a prescription. It also has a street value and can be crushed and snorted to provide effect. Many people find it addicting in and of itself. Even if Falasca cannot produce a prescription the issue of his intentions is still material at trial. For instance, if he can show a heroin addiction a jury might well believe that he was trying to fight his urges through this medication. Or, he might have a dependency on this drug. Inadvertently possessing the substance does not indicate an intention to distribute or deliver the substance so proving this aspect of his case might be difficult.

As to the other counts, it is clear that challenging the Search and Seizure of Falasca's car and its contents will be an issue in this case. A successful motion to suppress will result in the exclusion of the forty five bags of suboxone, the marijuana and the cash as evidence at a trial against this defendant.

Continue reading "Medford Massachusetts Man Arrested, Charged With Trying To Bring Drugs Into Framingham Prison" »

The Brockton Enterprise reports that last Friday members of a local drug task force arrested twenty to year old Katelyn Boutiette after what has been called a "months-long" investigation. Authorities believed that Boutiette might have been selling drugs in the greater Bridgewater area for the past year. The investigation resulted in the police obtaining and executing a Search Warrant at Boutiette's home. During the search police located Drug Distribution Paraphernalia as well as eight grams of class "A", enough to charge her with Possession With the Intent to Distribute Heroin. Boutiette's car was seized as evidence as well. The case is pending in the Brockton District Court.

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Massachusetts Possession With Intent to Distribute Heroin Defense Lawyer

As a Massachusetts Criminal Defense Attorney there are many additional facts I would like to know about this case. What did the year or "months-long" investigation show? Was Boutiette seen distributing drugs? What are her drug habits? Is she a heroin user? Does she live alone or with someone else? Where were the drugs found during the search? Was anybody else present during the search, i.e. a friend or roommate? Was Boutiette present during the search? What information did the police have to get the Search Warrant in the first place? Was the warrant properly issued or is there a reasonable constitutional challenge to the search based on an absence of probable cause to search? The answers to these questions will likely guide the defense of this case.

So what happens to Boutiette? Suppression of the evidence seized during the search might occur if the search is declared unlawful. Or, if Boutiette does not have a criminal record then do not be surprised if the case gets continued without a finding. If Boutiette is able to show that she has a heroin habit then an acquittal of the charges is possible and a conviction for simple Possession of Heroin might be all that she faces. Certainly 8 grams of heroin can be consistent with personal use. The district attorney's office will disagree with this. They will call a witness (expert), usually an experienced drug detective to say that the quantity, possibly coupled with other factors is consistent with an intent to distribute. There is a flaw in that characterization however. Unless the detective knows the accused and his or her habits any testimony on this issue can be viewed as speculative. Furthermore, the defense attorney can ask the detective how many times he has testified that a particular quantity (eight grams) is consistent with something other than an intent to distribute. I will bet that the answer is never. That, in and of itself speaks to the integrity of that testimony. Make no mistake about it. Heroin habits can easily exceed the eight gram per day threshold. The possession of eight grams can be the product of a lesser habit as well. Using some of the product over a short period of time is not unusual and a reasonable explanation for the possession of this amount of the drug.

Continue reading "East Bridgewater Massachusetts Woman, 22, Charged With Possession With Intent to Distribute Heroin Following Lengthy Investigation" »

According to an article in the Melrose Patch, eleven people were arrested and charged with various Massachusetts Drug Crimes including Trafficking Cocaine Over 200 Grams. Ten of the individuals are from Massachusetts. The investigation began in March. Official were looking into activities of a Boston North End man who was alleged to have run the drug network. He allegedly dealt out of an accomplice's apartment in Boston and Revere. In June Search Warrants were obtained resulting in the seizure of over five hundred grams of cocaine and seventy five thousand dollars cash. The article and the Massachusetts Attorney General's Office press release identify the following defendants: Gerald Esposito of Boston, Steven Tracia of Revere, Kettia Piris of Revere, Anthony Giannetti of Revere, Adam Saggese of Melrose, Marino Velasquez of Revere, Anthony Vigorito of Boston, Ferdinando Daniele of Revere, Anthony Ascenzo of Boston, Salvatore Lazzari of Winthrop and Paul Mattarese of Maine. Charges range and vary from defendant to defendant and include Conspiracy to Violate the Controlled Substances Laws, Trafficking Over 100 Grams of Cocaine, Conspiracy to Distribute Marijuana, Possession of Cocaine, Trafficking Over 200 Grams of Cocaine, Conspiracy to Distribute Oxycodone and more. The cases are being prosecuted in the Suffolk Superior Court.

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Suffolk County Massachusetts Drug Crimes Defense Lawyer

In cases like this rarely do all eleven defendants go to trial. Many of the defendants are charged with crimes that do not contemplate mandatory minimum sentences. Depending on their records they may be able to resolve the case with probation or perhaps a continuance without a finding. All of this depends of course on the extent of their involvement in the operation. The defendants facing Drug Trafficking Charges are in a more difficult predicament. They will either have to get the items seized suppressed, plea bargain their cases down to something less than the crime with which they are charged or go to trial. In cases like this there are almost always varying levels of culpability from defendant to defendant. Each defendant's defense will be unique and there is always the risk of finger pointing. Sometimes one of the defendants, usually one who possesses substantial information about the operation and a lesser amount of culpability with cooperate with the prosecution against the others. I expect you will see lots of evidentiary motions filed in this case. I also expect that one by one these cases will be resolved leaving one or two left to go to trial. These cases also become a managerial nightmare for judges and court staffs. It is nearly impossible to get eleven criminal defense lawyers together for hearings, motions, status conferences and related court appearances.

Sometimes in larger cases you see a lawyer representing more than one defendant. Rarely is this a good idea. At a minimum I believe it is necessary to consult with your own lawyer. Oftentimes conflicts of interest arise as cases progress making the representation of multiple parties controversial. These conflicts may not be apparent at the time of arraignment or when the initial discovery materials are produced. However, once they become evident you can be at risk if you and someone with a competing defense had the same criminal attorney.

Continue reading "Eleven Arrested, Ten From Massachusetts After Local Cocaine Drug Trafficking Investigation Yields Over 500 Grams, Conspiracy Charges Filed" »

Yesterday Richard Conley of Framingham, Massachusetts was arraigned on charges that he was in Possession of Child Pornography and for Distribution of Child Pornography. The charges stem from an investigation that started in July and that was conducted by the Massachusetts State police. The article in the Metrowest Daily News states that the investigating officer was searching the internet for these illicit images and used a program to determine the origin of download for the materials. The results suggested to the officer that Conley's computer was the source of the photos. At the arraignment hearing prosecutors offered that when confronted with the allegations Conley denied having any computers. He further denied using peer-to-peer file sharing programs. A Search Warrant was applied for and granted. Officers raided Conley's home and found a laptop with a large quantity of Child Porn on it. He was released on a modest bail. Right now charges are pending in the Framingham District Court.

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Massachusetts Child Pornography Defense Lawyer

I very often I have clients retaining me on Distribution of Child Pornography Cases in Massachusetts. Those who did in fact download the illicit material, either deliberately or inadvertently, are baffled when they are charged with distribution. They make clear that they never distributed the material to anyone and that a forensic examination of their computer will prove this. Well, what they do not know is that by accessing the material through file sharing programs or peer-to-peer networking they are in fact in violation of the Massachusetts and Federal Child Pornography Distribution laws. Now how can that be? File sharing as we know it today started with Napster, about ten or twelve years ago. Researchers believe that there may be as many as eighty million people in the United States who use file sharing programs in some way or another.

Peer-to-peer file sharing or P2P permits people to download files, games, music videos and more from other computers that are connected or "peers". What happens however is that now others can access that material from your computer. For legal purpose, at least right now, that constitutes distribution in Massachusetts and in Federal Court.

So what are some defenses to cases like this one? Certainly the defendant's intent can be argued to a jury. That a person intended to download only or simply "possess" the material is a decision that the jury can make. After all, distribution must be made knowingly. If the district attorney cannot prove that the person using a peer-to-peer program knew that his actions constituted distribution then an acquittal might be possible. Proving knowledge rests on many factors that may or may not be present in Conley's case. What experience did he have with computers? This can be determined not only from the testimony of witnesses who are aware of his proficiency but also from an examination of his hard drive. What is actually on the hard drive? Was the defendant selling this material online? Was he engaged in chats that alerted people to the location of this material? Remember that the article states only that the state trooper conducting the investigation learned that Conley was downloading the materials. The forensic report for the hard drive in this case will answer many of these questions and to some extent guide the defense efforts.

Continue reading "Framingham Massachusetts Man Faces Possession, Distribution Of Child Pornography Charges After Images Found On His Computer" »

The Metrowest Daily News reports that Kelly Temple and Shay Lund, two women who lived in a Hudson, Massachusetts apartment have been charged with Trafficking Cocaine Over 28 Grams, Possession of Cocaine, Possession With the Intent to Distribute Cocaine and Conspiracy. As part of an ongoing investigation the police obtained a Search Warrant permitting them to enter and search the women's Lake Street apartment. During the search officers found scales, cutting agents, packaging materials, crib sheets, cash and over twenty eight grams of cocaine. It is alleged that these materials were inside of a closet in the bedroom the two shared. Temple was present at the time of the execution of the search warrant. Lund was found in a nearby bar. She was carrying bags of cocaine consistent with an intention to sell. She has been charged with a School Zone Violation as well. The cases are pending in the Marlboro District Court. It is likely that these cases will be indicted and prosecuted in the Middlesex County Superior Court in Woburn. There is a minimum mandatory five year state prison sentence associated with the trafficking charges.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x227168440/Police-charge-two-women-with-cocaine-trafficking-in-Hudson

As is typically the case in Search Warrant matters, Temple and Lund's defenses will focus on the integrity of the police investigation. Police need probable cause to obtain and execute a search warrant. Inasmuch as the details in this article are scant it is safe to assume that much of their investigation centered on assistance from an informant. For the warrant to survive constitutional scrutiny the informant must have a basis of knowledge to conclude that the controlled substances would be where he claimed they would be. He must also be deemed reliable. This is often referred to as the Aguilar-Spinelli test. Experienced Massachusetts Criminal Defense Lawyers frequently mount challenges to these searches by showing a judge that the informant lacked the requisite basis of knowledge or the he or she was not reliable. Successful challenges usually result in suppression of the drugs seized and ultimately a dismissal of the criminal charges.

One of the things that interests me here is the layout of the Lake Street apartment. The article suggests that Lund and Temple shared a room. However it also states that Lund lived in Rhode Island and that the Temple was the tenant in the apartment. Was this a one bedroom apartment? If so, what evidence suggests that the two shared the room. If the challenge to the issuance of the search warrant fails it looks at first blush like these two have competing, conflicting defenses that might result in an acquittal of the trafficking charge as to one or the other.

Continue reading "Two Women In Hudson Massachusetts Charged With Trafficking After Cops Find Over 28 Grams Of Cocaine During Search Of Apartment" »

A sixty three year old Braintree, Massachusetts man was charged in 2009 with thirty one counts of Possession of Child Pornography and Distribution of Child Pornography according to a report in the Quincy Patriot Ledger. The man, Francis Austin's competency became an issue resulting in a two year delay of the case. It is alleged that Austin's involvement in these acts was first detected by authorities in California who alerted Massachusetts officials to the activity. A Search Warrant was obtained for Austin's home. His computer was seized and on it investigators located the illicit materials. The case is being prosecuted in the Norfolk County Superior Court.

Read Article:

http://www.patriotledger.com/news/cops_and_courts/x948304417/Braintree-man-faces-child-pornography-charges

Massachusetts Child Pornography Defense Lawyer

There are times when a prospective client will "suggest" to me that he is incompetent to stand trial. They become disappointed very quickly when I explain to them the law on competency to stand trial in Massachusetts and the consequences of employing that approach. The test in Massachusetts for determining the competency of a person to stand trial is simple. The accused must have sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and he must have a rational and factual understanding of the proceedings against him. Challenges to competency to stand trial are governed by statute, Massachusetts General Laws Chapter 123 Section 15. That statute essentially works like this. At any time a judge can order a defendant to be evaluated for competency to stand trial. The defendant will then be examined by a qualified psychologist. The defendant can also be sent out for a twenty day period of observation. The time can be extended to forty days if necessary. At the end of the observation and evaluation period there will be a hearing on the issue of competency. If the judge finds that the defendant is not competent to stand trial then the case will be continued until he is ready to stand trial. So, as I tell my clients, they will most likely have to face the charges at some point. Until they do so they will be incarcerated, likely in the Bridgewater State Hospital, waiting for a determination that they are competent to stand trial. This is probably what happened to Austin. He was indicted in 2009. A challenge to his competency was made. The case was delayed and now he is competent to face the Child Pornography charges.

In sum, challenging a defendant's competency to stand trial is not a defense to a crime. It merely delays the prosecution. There will be a strong likelihood that during the delay the defendant will be incarcerated in a treatment facility. Eventually he will be in court defending the charges.

Continue reading "Braintree Massachusetts Man Charged With Possession Of Child Pornography, Distribution Of Child Pornography " »