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.
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.
The Law Offices of Stephen Neyman is committed to defending the accused in Massachusetts and throughout the country. We have defending people for Drug Cases in Massachusetts for over twenty two years. Call us now at 617-263-6800 or contact us online to discuss your case.