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Steven Reth of Western Avenue in Lynn, Massachusetts was just indicted for a Firearms Violation, specifically Gun Possession. The prosecution has alleged that in July of 2009 Lynn police responded to a call reporting gunshots. Upon arrival an officer observed a suspicious car that he followed for a distance. Reth later jumped out of the car and was pursued. Prior to his apprehension the police claim to have seen him toss an item that was later located. It was a handgun. The case is being prosecuted in the Essex County Superior Court in Salem. Reth has a felony record and has been convicted of several crimes in the past.

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Massachusetts Man Faces Gun Charges In Salem

In cases like this a Massachusetts Criminal Defense Lawyer would probably focus his defense on the constitutionality of the stop of Reth’s car. While following a suspicious car is not a violation of someone’s constitutional rights certain actions of the police might have been. Pulling the car over for no reason other than it appearing “suspicious” might result is suppression of the stop. The defendant pulling his car over and running would not give rise to probable cause to arrest without more. Reth may have some viable defenses to his case but search and seizure issues seem a more likely target for his lawyer.

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In August of this year Yehuda Cohen was arrested for his purported involvement in a drug deal in Weymouth, Massachusetts. His home was searched and police seized cocaine, drug paraphernalia and cash. At that time Cohen was charged with Possession With Intent to Distribute Cocaine, Conspiracy and Distribution of Cocaine. This past weekend Cohen was arrested again. It was reported that an informant tipped police off to the fact that Cohen was still dealing. A search warrant was obtained and executed at Cohen’s home. Apparently all the police found was a small amount of cocaine because he has been charged with Possession and Conspiracy only at this time. However, during the search Cohen’s apparent suppliers Ernesto Arias and Isa Fernandes, both from Brockton arrived with sixty bags of cocaine totaling fifty five grams. Both of them were arrested. They have been charged with Trafficking Cocaine Over 28 Grams. All cases are currently pending in the Quincy District Court.

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Brockton, Massachusetts Drug Dealers Who Arrive To Stock Customer During Raid Get Arrested For Trafficking

Cohen is probably not in as much trouble as the article suggests. Absent a lengthy criminal record people charged with possession of drugs usually do not go to jail. Rather, their cases get dismissed, continued without a finding or a period of probation is imposed. The conspiracy charge in this case will not likely survive. It will be difficult for the police to show that Cohen conspired with Arias and Fernandes. I doubt that either will testify against him. Additionally, Cohen might be able to get all charges dismissed if his lawyer is able to show that the search warrant should not have been issued. The strength of the case against Arias and Fernandes is uncertain given the details in this article. Defense attorneys will look to see where the drugs were found in the car, who owned the car, what interaction the defendants had with the police or Cohen, if any and what facts link these two to the drugs. It would not surprise me to see the charges dismissed as to one of these two defendants.

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Weymouth, Massachusetts police received a tip that cocaine was being delivered to a particular area on a regular basis. Accordingly they watched the location. A drug unit detective observed a suspected drug dealer’s car with two occupants pull up to the address around 8:00 this past Saturday evening. A woman who lived at the address got into the car. The car drove around the block and returned to the original location. Police then stopped the car and made inquiry. The woman, Cherie Kelley confessed to having purchased cocaine from the men. Police then searched the car and found over fifty grams of cocaine and over one thousand dollars cash in the vehicle. The other occupants, Juan Castillo, of Randolph, and Jose Caballero, of Boston were arrested and charged with trafficking cocaine and conspiracy to violate the controlled substances laws. Their cases are now pending in the Quincy District Court.

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Three Face Cocaine Charges In Quincy District Court, One For Possession, Two For Trafficking

Assuming this case was accurately reported there are several defenses that come to mind. The district attorney must show that the police officers had probable cause to stop the car. Picking someone up at her house and driving around the block by itself does not establish probable cause. There has to be much more for this stop to survive a constitutional challenge. If the stop is ruled illegal then the drugs cannot be used as evidence. It is also going to be difficult for the prosecutor to show which one of the two men was in fact responsible for the trafficking. If the drugs were not found in their possession and no physical evidence links them to the drugs there will not be enough evidence to convict them of trafficking.

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Alejandro Lopez is being charged with Assault And Battery With A Dangerous Weapon in the Cambridge District Court after stabbing a co-worker last week. According to reports Lopez and an unidentified man got into an argument at the Superior Nut Company Factory where the two worked. Lopez then stabbed the man and went back to work; at all times working with the knife he used to stab the victim. When the police arrived at the scene they observed the victim soaked with blood. He identified Lopez as the assailant just after getting into the ambulance. The case is pending in the Cambridge District Court.

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Chelsea Man Stabs Co-Worker While At Work

Assault and Battery By Means of a Dangerous Weapon is a felony in Massachusetts. The statute prohibiting this act is Massachusetts General Laws Chapter 265 Section 15A. The statute provides for a two and one half year jail sentence or a ten year state prison sentence if convicted. Punishment for a conviction of this offense typically defends on the severity of the injuries suffered by the victim, the defendant’s criminal record and the conduct of the complaining witness. Assuming that the victim is not seriously injured in this case and the defendant does not have a significant criminal record the prosecution will probably continue in the district court. Defenses to these charges vary depending on the intent of the defendant, his actions and the conduct of the person who got stabbed. I have seen self-defense and accident work successfully as defenses to this charge on several occasions in the past. The fact that Lopez remained on the job and continued to work is somewhat significant and might factor heavily in the defense or disposition of this case.

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On Labor Day three women were in a parking lot at a convenience store in Waltham, Massachusetts. At around 1:00 p.m. Christopher Gavilanes, a Somerville resident drove by them. While doing so he allegedly yelled out “hey ladies”. When they looked over Gavilanes was fondling himself. The women then called the police and provided them with Gavilanes’ license plate number. He was later arrested and charged with Open and Gross Lewdness. The case will be prosecuted in the Waltham District Court. Gavilanes was released on personal recognizance.

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Sex Crimes Charges For Somerville, Massachusetts Man Who Exposed Himself

Open and Gross Lewdness in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 272 Section 16. The statute permits a sentence of up to three years in state prison after a conviction. Typically these cases are prosectued in the district courts where the maximum sentence permitted by statute is two years in the house of correction. Judges can continue these cases without a finding. When that disposition is imposed the defendant is spared the stigma of a felony conviction. The case will be dismissed as soon as the defendant completes the terms of probation, if any, that are set by the judge or probation department. If Galvines has no criminal record that is how this case might get resolved.

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Last week police officers from Braintree, Quincy and Randolph were looking for Anthony Bradley after they received a tip that he was selling drugs. The police knew Bradley as he had been arrested in the past for drug charges. As a result of this tip officers observed Bradley, whom they knew had a suspended drivers’ license, pull up to another car. Consequently the police arrested Bradley and searched his vehicle. While doing so they found Oxycontin pills in a make-up container purportedly belonging to his passenger. The female’s purse contained another container in which there were more pills. Bradley has been charged with possession of OxyContin with intent to distribute and conspiracy. He also faces Motor Vehicle Charges for driving with a suspended license. The passenger will also be charged however she was not arrested. The case is being prosecuted in the Quincy District Court.

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Massachusetts Man Stopped And Arrested On Drug Charges To Be Prosecuted In Quincy

Bradley might have difficulty defending the Motor Vehicle Crime however the drug case might not be so difficult. The article suggests that no drugs were found on Bradley nor did the police see him handling at all. The drugs were not remotely in his possession either directly or constructively. There is no evidence showing that Bradley had the intent to sell the drugs. Additionally, there is no evidence establishing that Bradley and his female passenger were conspiring to sell the drugs. Bradley might have a good shot at this case.

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This past Wednesday night police officers in Weymouth, Massachusetts observed someone they knew to be a drug user drive out of a parking lot. They followed the car, saw it stop and then saw someone get in the back seat. The unnamed drug user drove around the block and the other person got out of the car. Police stopped the driver who informed them that he had just purchased Oxycontin pills from the man he had just dropped off. The suspect, William Shores was stopped and found with additional Oxycontin pills. He was charged with Distribution of Oxycontins, Possession With the Intent to Distribute Oxycontins and Conspiracy. The case is pending in the Quincy District Court.

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Drug Charges Filed Against Massachusetts Man Who Was Selling Oxycontins

As to Shores the defense of this case will focus on the legality of the stop of the drug user. Massachusetts Courts have held that police may stop motor vehicles to conduct a threshold inquiry if they have “a reasonable suspicion that the occupants have committed, are committing, or are about to commit a crime.” This suspicion must be based on specific, articulable facts and cannot be based on a hunch. The Supreme Judicial Court held that two young men in a motor vehicle at 4:00 in the morning coupled with the fact that one of the occupants tried to shield his face from the officers did not justify a stop. The facts of this case as more benign and suggest that the Weymouth police had no reason to stop the drug user. From that they could not then use that information to stop and search Shores.

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Adolfo Bonilla and Josue Ramirez-Gonzalez both from Waltham, Massachusetts had been banned from a local bar. They tried to gain entry and when they were denied both threatened to return with a gun and shoot and beat the owner. The police were immediately called. When they arrived Bonilla allegedly drove the car directly at the responding police car. The car stopped. Both suspects got out of the car and tried to flee and ended up struggling with the police. Ramirez-Gonzalez was charged with Malicious Destruction to Property for throwing a rock at a parked car as well as resisting arrest. Bonilla was charged with Resisting Arrest, various Motor Vehicle Crimes, Threatening to Commit a Crime and Assault with a Dangerous Weapon. The case is being prosecuted in the Waltham District Court.

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Waltham, Massachusetts Men Kicked Out Of Bar Threaten Owner, Get Arrested For Several Criminal Charges

Threatening to commit a crime is a violation of Massachusetts General Laws Chapter 275 Section 2. The law makes clear that a conviction for the offense has a maximum sentence of six months in jail and a one hundred dollar fine. The irony in this case is that the bar owner was most probably scared by the threats yet this is the least of the defendant’s problems. The malicious destruction to property charge is more serious particularly if the value of the property is two hundred fifty dollars or more. In that case the crime is a felony.

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This past weekend Lynn, Massachusetts police contacted Saugus police after receiving a call that two individuals were shooting weapons from a black pick-up truck. The vehicle was located by Saugus police who arrested Noah James Bradley of Lynn and Andrew Sinoni of Salem. Both men were charged with discharging a firearm within five hundred feet of a building. Sinoni was charged with the additional crime of illegal Possession of a Firearm. The case is pending in the Lynn District Court where it will likely remain for the duration of the prosecution. The firearms possession charge carries a minimum mandatory eighteen month jail or house of correction sentence pursuant to Massachusetts General Laws Chapter 269 Section 10(a). The charge of discharging a firearm within 500 feet of a building carries a fine of between fifty and one hundred dollars and a maximum three month jail sentence. The latter crime is a misdemeanor and there is no minimum mandatory sentence associated with that offense.

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Firearms Possession And Related Charges For Lynn, Massachusetts And Salem, Massachusetts Men

The news is pretty good for Bradley. If he kept his mouth shut and their are no witnesses who can identify him as one of the shooters in the car he just might escape a conviction in this case. Of course this also assumes that he was not checked for gunshot residue and if he was that the test is negative. Sinoni on the other hand might have a problem. I am assuming that when the Saugus police stopped the vehicle he had possession of the weapon and that his why he alone is being charged with Possession of a Firearm. Checking the 911 and dispatch might also unearth some information that results in the filing of a Motion to Suppress the stop. If successful the charges against both could be dismissed.

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Charges of possession of a firearm, possession of a loaded firearm and possession of ammunition were dismissed against Lynn Massachusetts last week in a local district court. The charges stemmed from an incident that occurred on April 17, 2008. According to the police report, the police responded to the area of Route 1 in Peabody Massachusetts for a call of a woman being run down by a motor vehicle. After responding to the scene, the police spoke to the involved parties, and transported the female defendant back to her residence. When the police arrived at the residence the defendant’s boyfriend was also there. The defendant was ultimately arrested on an outstanding default warrant.

The defendant was transported in a cruiser to the State Police Barracks in Danvers, MA. After she was taken from the cruiser and into the police station the Trooper searched the car and claimed that he found a loaded handgun in stuffed behind the rear seat of the cruiser. No-one ever identified the defendant as in possession of this weapon.

The defendant maintained her innocence from the outset of the set. There was no physical evidence that connected her to the gun. Our Attorney timely filed a number of pre-trial motions requesting copies of any notes, logs or other documentation generated as a result of the transportation of any individual in the cruiser that the defendant was transported in for a period of one week prior to this incident. The request also included all police reports generated in connection with this case. Massachusetts also requires the prosecution to provide automatic discovery of “any facts of an exculpatory nature.” M.R.C.P. 14 (a)(1)(iii). It was clear that the intent of requesting the information relative to individuals transported in the cruiser was to determine whether anyone else was in the cruiser that was involved in a “firearm” related incident. No information was forwarded to the defense relative to this request prior to trial.

On the day of trial, the prosecutor approached the defense attorney and indicated that the arresting trooper informed her that prior to the defendant’s arrest he had been called to back up the State Police in Concord relative to a report, by a named caller who gave his cell number, of a group of individuals in a truck with a gun. Apparently, there were three individuals in the truck that matched the description given by the caller. The individuals were taken from the truck. One of these “suspects” was placed in the rear of the Trooper’s cruiser. The same cruiser in which the Trooper found the alleged firearm after the defendant’s arrest. There was handgun ammunition, shot gun shells, controlled substances and alcohol found in the truck. The driver of the truck was arrested and charged with illegal possession of a Class D substance, illegal possession of ammunition and illegal possession of alcohol. The judge granted the defendant a continuance to investigate the incident. Based on the late disclosure of the requested exculpatory evidence, Our Attorney filed a motion to dismiss the case.

Almost fifteen months after the incident the caller could not be located and the 911 tape had been destroyed. Despite the efforts of an experienced investigator, the named caller could not be located and the cell phone number no longer belonged to the individual that made the call fifteen months earlier. After an extended hearing the district court judge agreed that the fact that the Trooper had placed an individual in his cruiser who was suspected of being in possession of a handgun only a few hours before the defendant was placed in the cruiser should have been disclosed to the defendant pursuant to the discovery orders rather than seventeen months later on the day of trial. The trial judge held that the late disclosure caused irremediable harm to the defendant’s case and dismissed the charges against the defendant.

This case exemplifies the importance of filing all relevant pre-trial motions. Experienced defense attorneys often file pre-trial motions including discovery motions, motions to suppress, motions to dismiss and motions to compel in order to effectively represent their clients and protect their rights to due process and a fair trial.

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