According to an article in the Boston Globe police in Andover, Massachusetts made three arrests following an investigation into drug trafficking activities in the suburban Boston town. Joselin Eliezar Reina-Mercedes, Luz Made and Luis Hiciano were present at Hiciano’s apartment when an early morning search warrant was executed. Pursuant to the search officers found over 100 grams of heroin. Hiciano was charged with gun possession as well. If convicted the defendants face a minimum mandatory ten year state prison sentence. This Andover drug trafficking investigation is one of several in this town this year.
Getting Drug Cases Dismissed By Winning Motions to Suppress
Most criminal defense lawyers will tell you that the best odds of winning a drug trafficking case involve charges based on search warrants. Just about every search warrant resulting in trafficking charges will be challenged through a motion to suppress. The search warrant cannot be issued without an application and an affidavit that establishes probable cause. Judges and clerk magistrates sign off on the warrant indicating their finding of probable cause. However, not every judge or clerk magistrate reads the affidavit carefully. Probable cause in this regard is a legal standard that has evolved and is still evolving through case law. Many search warrants are struck down as unconstitutional due to these defense challenges. Oftentimes suppressed searches make prosecuting drug cases impossible. Consequently, major drug cases can be dismissed.
The Prosecution Might Not Be Able to Prove The Intended to Distribute Drugs
As with many search warrant cases the prosecution in this incident charged everyone present in the Andover home. Several times in the past I have written blog posts discussing a common instruction given to jurors in drug trafficking cases; that being “presence alone”. The law in Massachusetts makes clear that simply being present where a crime is being committed does not by itself establish guilt. In this case the newspaper article does not clarify who did what or even what the police think each defendant is responsible. It is common for law enforcement to charge everyone found in the home in cases like this. There are reasons for this. The primary purpose is to squeeze less culpable or even innocent parties to come forward and offer the district assistance through cooperation and possibly testimony at trial. This often works. It would not surprise me at all to see one of the defendants here offered a deal to testify against the others. Another purpose is to let the jury or a judge make the decision as to who did what. Sometimes everyone present is charged because law enforcement does not know who is responsible for what crimes but by charging everyone that problem might “work itself out”.
Aggressive Drug Trafficking Defense Law Firm
Attorney Stephen Neyman and his staff have been defending the accused for nearly three decades. There is no such thing as a hopeless case. Your best bet is to hire an experienced criminal defense lawyer immediately if you are facing criminal charges. Let your lawyer get to work for you now. If you are interested in discussing your case with us call us at 617-263-6800 or send us an email. Your defense should start now.