Articles Posted in Drug Crimes

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Melvin Cumba was at a Shaw’s Supermarket last Thursday accompanied by Shannon Widener. At approximately 5:30 that evening a Shaw’s employee saw Cumba shooting heroin in the woman’s bathroom. Apparently Cumba had been given warnings by authorities to leave the store. He refused, argued with the police and was charged with possession of heroin, second offense, disorderly person and trespassing. Bail was set at one thousand dollars cash. Widener was arrested for an outstanding warrant out of Brockton.

Drug Charges For Man Using Heroin In Food Store

Possession of heroin in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 34, The law states that anyone who is found in possession of heroin, a Class A substance, and is convicted of that crime can be punished by up to two years in the house of correction. For a second offense the punishment is up to five years in state prison. The latter version of the crime is a felony. This case will likely be prosecuted in the Stoughton District Court. Cumba’s biggest challenge will be convincing a judge to give him a sentence that does not require him to serve jail time.

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Massachusetts State Police broke up a large marijuana delivery yesterday in Peabody, Massachusetts. It was reported that police had set up a surveillance at a store parking area in Route 1 in Danvers. The delivery truck arrived and law enforcement personnel observed men loading marijuana from the truck onto another vehicle. Both vehicles were followed until it was determined that probable cause to stop had been established. One vehicle contained over five hundred pounds of marijuana. The other had over two hundred thousand dollars cash. Three Massachusetts men, Brian Toto of Revere and Michael Schrimpf and Phillip Watson, both of Saugus were arrested. Two men from Indiana, Melvin Vanmeter and R.J. Norton were also arrested. All of the defendants are being charged with trafficking marijuana over one hundred pounds and conspiracy. Bail has been set at two hundred fifty thousand dollars in the Peabody District Court.

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Drug Bust In Peabody Massachusetts Produced 500 Pounds Of Marijuana, Cash

In Massachusetts Trafficking Marijuana carries varied minimum sentences that depend on the quantity of drugs involved. Marijuana trafficking starts at fifty pounds. If someone traffics between fifty and one hundred pounds there is a one year mandatory minimum jail sentence. If you are caught trafficking between one hundred and two thousand pounds of marijuana you face 3 to 15 years in state prison, at least three of which must be served. Both buyers and sellers have exposure for trafficking if the quantity involved exceeds the threshold established by law. Here, the defendants are looking at three years. The case will most likely be indicted to the Essex County Superior Court in Salem, Massachusetts.

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Christopher Hayes must have thought that he would be inconspicuous shooting up heroin near a convenience store on Lowell Street in Andover, Massachusetts. He was wrong. Police detectives in the area saw Hayes sitting in a 1993 Oldsmobile. They approached the car to see what he was doing. There, in plain view and at 1:00 in the afternoon officers saw Hayes injecting himself with heroin. When he realized who they were Hayes took off. Authorities claim that in the process he tried to run over three detectives. Hayes took off. He then threw the heroin and some drug paraphernalia out of the car. Officers recovered the evidence. Hayes was ultimately apprehended and charged with possession of heroin, possession of drug paraphernalia, assault and battery by means of a dangerous weapon and assault with the intent to murder. Charges are now pending in the Lawrence District Court. Bail has been set at two thousand five hundred dollars.

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Motor Vehicle Charges, Drug Charges For Massachusetts Man Who Assaulted Police Officers

All of these charges can be prosecuted in the District Court. If the cases are kept there the maximum sentence that can be imposed is two and one half years in the house of correction for the crimes of violence, two and one half years for the drug paraphernalia and two years for possession of heroin. These sentences can be imposed consecutively if a judge deems that to be appropriate. The length of the sentence depends on the defendant’s criminal record and the severity of the crime. Factors such as age, level of education and drug dependency often serve as factors that mitigate the severity of the sentence that will be imposed.

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Four mail carries who delivered mail in Lawrence Massachusetts have been charged with a number of offenses relating to receiving fraudulent prescriptions for Percocet from a long time receptionist at a North Andover doctor’s office. The Lawrence Eagle Tribune reports that the receptionist and mother-in-law of one of the carriers, and another worker in the office, provided the prescriptions in the names of the carriers, which were then taken to local pharmacies to be filled.

The plot was successful until the doctor’s office received a call from a Methuen pharmacy because a patient attempted to fill the prescription in the same week. Suspecting foul play, the Doctor brought in the North Andover police and the investigation led to the arrests four mail carriers, and two employees of the doctor. According to reports, the carriers were using the Percocet for themselves and not dealing them for profit.

The carriers were each charged with receiving stolen property, uttering a false prescription, obtaining drugs by fraud, and conspiracy to violate drug laws. The receptionist. who accordinf to the police, is the mother-in-law of of one of the carriers, was charged with larceny under $250, forgery, uttering a false prescription, obtaining drugs by fraud, and conspiracy to violate drug laws. The other employee was charged with larceny under $250, forgery and conspiracy to violate drug laws. The crew is due back in court on June 19th.

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Jose Dellosantos was arraigned in the Haverhill District Court on charges of trafficking cocaine, distribution of cocaine and conspiracy. He is being held on $100,000 bail. Dellosantos, a barbershop owner from Haverhill was arrested at the shop on a warrant. Ironically, or perhaps not, Dellosantos’ brother Ramon was convicted yesterday in Federal Court in Maine for conspiracy to distribute marijuana and more than 5 kilograms of cocaine. Police also arrested another barbershop owner from Haverhill in connection with these cases. Jonathan Perez was charged with trafficking cocaine, distribution of cocaine, and conspiracy to violate drug laws. He is being held on $50,000 cash bail.

Massachusetts Man Arrested On Drug Charges, Brother Convicted Same Day

Trafficking Cocaine in Massachusetts is a felony. While the charges are extremely serious and prosecuted only in Superior Court the sentence that must be imposed depends entirely on the amount of the drug and whether or not the actions took place within one thousand feet of a school zone. This article makes no mention of quantity nor is it suggested that the events took place in a school zone. Also missing from this report is reference to any drugs obtained or seized by the police. Similarly, the account is silent on the presence of drug trafficking paraphernalia.

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On January 26, 2009 Victor Oliveira’s home in Saugus, Massachusetts was raided. The police found 139 OxyContin pills, each 80 milligrams some other drugs and over eight thousand dollars cash. According to reports Oliveira told police that he was selling the OxyContin pills. After initially bringing this case in the Lynn District Court the case was indicted by the Essex County District Attorney’s Office. All charges against Oliveira are pending in the Essex County Superior Court in Salem, Massachusetts. Oliveira has been charged with trafficking over twenty eight grams of a Class A substance.

Essex County District Attorney Indicts Massachusetts Men For Drug Trafficking

From the looks of things it seems like the strength of any defense lies in the defendant’s ability to attack the constitutionality of the search warrant. In order to obtain a search warrant the police must establish probable cause for a magistrate or judge to conclude that a particular object or place is being used to conduct criminal activity. The person who requests the search warrant must provide an affidavit that establishes facts that support the need for a search warrant. The affidavit must pass federal and state constitutional scrutiny. Typically the Massachusetts courts make the search warrant requirements more difficult to sustain than do the federal courts. Oliveira will likely file a motion to suppress. If successful there is always a good chance that his case will be dismissed.

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Last Thursday night Haverhill police raided Gerald Boucher’s apartment on North Avenue. When the police entered the home Boucher and two other men were engaged in drug deal activities. The police found sixty two grams of cocaine, an ounce and a half or marijuana and a variety of drug paraphernalia. Boucher has been charged with possession with intent to distribute marijuana, trafficking cocaine, conspiracy and a school zone violation. The search was made pursuant to a search warrant that was issued out of the Haverhill District Court. The two other men, James Sarno and Alexander Frye were charged possession with intent to distribute cocaine, possession with intent to distribute marijuana, conspiracy and a school zone violation.

Massachusetts Man Charged With Various Drug Crimes

Trafficking cocaine in Massachusetts is a crime under Massachusetts General Laws Chapter 94C Section 32E. The law states that anyone who possesses cocaine with the intent to distribute that substance, or does in fact distribute the cocaine is guilty of trafficking if the quantity exceeds fourteen grams. The penalty for trafficking over twenty eight grams is five years in state prison. This is a mandatory minimum sentence. The school zone violation adds another two years, mandatory to the sentence. So if Boucher is convicted he will have to serve seven years in state prison.

The fact that the drugs were found during a search made pursuant to a warrant always implicates Fourth Amendment issues. Typically motions to suppress the search are filed. If these are successful then the drugs are excluded as evidence and, in most instances the case gets dismissed. These cases also raise many interesting defenses. Absent any admissions by the defendants the question that arises is “whose drugs were these?”. There is often the contention that someone is buying the drugs for personal use and another person is selling the substances. Good Massachusetts Criminal Defense Lawyers many times get great results on cases such as this one.

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Shortly after 2:00 p.m. yesterday a woman walking down a Boston, Massachusetts street was confronted by a man and a woman who asked for a cigarette. The two, later identified as Marie O’Neill and Thomas Slavin then began punching the woman repeatedly. The man then brandished a baseball bat and threatened to hit her with it. While doing so the couple took her pocketbook and fled. The victim chased the assailants and eventually caught up to O’Neill. Slavin took off in a black pick-up truck. A witness captured the license plates with a cell phone camera and police apprehended Slavin shortly thereafter. Inside the pick-up truck the police found the woman’s pocketbook, crack cocaine and marijuana. Both have been charged with armed robbery and possession of cocaine and marijuana.

Massachusetts Man And Woman Arrested, Charged With Robbery, Drug Possession

The most serious charge here is armed robbery. This is a felony in Massachusetts. It is punishable by up to life in prison. This crime is prosecuted in the Superior Court. The Massachusetts statute prohibiting armed robbery is Massachusetts General Laws Chapter 265 Section 17. Oftentimes armed robbery cases are reduced to larceny from the person and are prosecuted in the district court. The decision to reduce such charges rests exclusively with the district attorney and depends on the circumstances of the act and the defendant’s criminal record.

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Over the weekend Michael Farfard was stopped for speeding in Worcester County Massachusetts. Police then searched through his eighteen pack of Budweiser beer. In it they found over forty seven grams of cocaine. The charges: trafficking cocaine, OUI, 2nd offense, OUI drugs, using a motor vehicle during the commission of a felony and numerous motor vehicle crimes.

Massachusetts Man Arraigned On Cocaine Trafficking Charges

The drug trafficking charge is the most serious crime that Farfard must defend. The crime of trafficking over twenty eight grams of cocaine in Massachusetts carries a minimum mandatory five year state prison sentence. If there is a school zone violation involved then another two year mandatory sentence must be imposed. In the more rural Massachusetts counties you typically do see have as many school zone charges. In Suffolk County Massachusetts a large majority of drug cases have school zone violations as a component. This is primarily due to the population density in the county and the fact that there are hundreds of schools throughout the City of Boston and Suffolk County.

From this article it appears that the strength of the district attorney’s case will depend on the constitutionality of the search. The prosecution must show probable cause to stop Farfard’s vehicle. They must also show that the police had probable cause to search seize items in Farfard’s car. Even if they are able to show that the search and seizure was within constitutional limits they have to prove beyond a reasonable doubt that the cocaine was Farfard’s and that he intended to distribute the substance.

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Easton, Massachusetts police detectives had been watching Stephen King for some time. This past Wednesday night their investigation culminated in his arrest. According to reports law enforcement agencies had information that King had been involved in cocaine trafficking in Bristol County. This information was sufficient for them to obtain search warrants for King’s home at an Easton Mobile Home Park and for a storage locker that he was renting. An execution of those search warrants uncovered approximately thirty thousand dollars worth of cocaine and nine thousand dollars cash. King was later located at a supermarket parking lot in Sharon. He had in his possession individually packaged bundles of cocaine and over two thousand dollars cash. King was charged with trafficking cocaine, possession with the intent to distribute cocaine, conspiracy and a school zone violation.

Cocaine Trafficking Charges In Store For Easton Man

Man Faces Cocaine Trafficking Charges In Bristol County

A couple of things immediately come to mind when reading these articles. 1) What information did the police have that enabled them to obtain search warrants for King’s home and storage locker and 2) what was their probable cause to arrest him in the supermarket parking lot.

Quite often the strength of the district attorney’s case for drug crimes lies with the constitutionality of the search warrant. If a search warrant is defective the search becomes invalid and the items seized during the search or going to be suppressed. Many times this leaves the prosecutor without a case against the defendant. Defense attorneys challenge the issuance of search warrants through motions to suppress. Many drug cases are won by the defense through this procedural mechanism. It would be interesting to see exactly what the police put in their affidavits when the applied for the search warrants in this case. If the warrants should not have issued then the drugs will be excluded from this prosecution. Similarly, King’s arrest may be found unconstitutional and the drugs found on him might be suppressed as well.

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