On January 21, 2011 Geison Ferraras of Lawrence, Massachusetts was at his home, a third floor apartment on South Broadway. Police executed a Search Warrant targeting someone else in the building. They found drugs and guns on the second floor. However, during the course of the search they also came across Ferraras who was “hiding in a back stairwell” according to prosecutors. The guns and drugs were not found on Ferraras’ possession. They were found nearby. The amount of drugs exceeds fourteen grams but is less than twenty eight grams. In addition to the Firearms, Ammunition was located. Ferraras is being charged with Trafficking Over 14 Grams of Cocaine and Possession of Firearm. The case is being prosecuted in the Essex County Superior Court in Salem, Massachusetts.
As every Massachusetts Criminal Defense Lawyer knows merely being present at or near the scene of a crime is not sufficient to sustain a conviction. At least for now this appears to be the position of the defendant in this case. Massachusetts judges give a jury instruction in many cases like this one that tells jurors that being present even if the person knew that a crime was committed or was about to be committed does not mean that he or she is guilty of that crime. Rather, the prosecution must prove intentional participation in the crime beyond a reasonable doubt before a jury can convict. It would be expected that the district attorney in this case would have more evidence than is mentioned in the newspaper account given that this case is being prosecuted in the Superior Court.
The Law Offices of Stephen Neyman defends cases throughout the Commonwealth and the country. We defend Drug Cases, Gun Cases and all types of crimes. If you are charged with a crime you need a lawyer. Call us at 617-263-6800 or contact us online. The time to start your defense is now.