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.
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.
Attorney Stephen Neyman is a Massachusetts Drug Crimes Defense Lawyer with over twenty years defending all types of drug charges including trafficking oxycontins. If you have been charged with a drug crime in Massachusetts call us now at 617-263-6800 or contact us online.
Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.