Joshua Medeiros and Kimberly Vasconcellos had been watched by police for several months after neighbors complained about suspicious activity at their Somerset, Massachusetts home. The officers set up surveillance and confirmed the neighbor’s complaints. They observed a pattern of cars pulling up to the home, someone entering the home and leaving after a short visit. Police also witnessed Medeiros meet with people just a short walk from the home and behind a neighboring school. They were able to set up a successful “controlled buy” with the help of an informant. With that information a search warrant was authorized. The search of the property yielded heroin, marijuana, marijuana plants and assorted drug possession and distribution paraphernalia. The couple has been charged with Conspiracy, Possession With Intent to Distribute Heroin and Marijuana, Possession of Drug Paraphernalia and Violation of the Massachusetts School Zone laws. Charges are now pending in the Fall River District Court.
So what happens to Medeiros and Vasconcellos now? As with most drug cases the initial focus of the defense will be on the validity of the search warrant. There will likely be a challenge to the issuance of the warrant based on either the absence of probable cause in the supporting affidavit or the integrity of the facts stated in the supporting affidavit. If the challenge is unsuccessful the defense then might center on the sufficiency of the evidence to sustain the charges against one or both defendants. Factors to consider are the relationship between the defendants, the location of the drugs found in the home, the defendant’s habits as drug users, if any and more.
While Drug Cases in Massachusetts present a challenge to defense lawyers there is a tremendous amount of case law that provides limitless avenues to pursue while defending these cases. We are available to discuss your drug case at all times. Call us at 617-263-6800 or contact us online anytime.