An Essex County Superior Court jury convicted a fifty six year old man of trafficking over fourteen grams of cocaine on Thursday. He was sentenced to the minimum mandatory three year state prison sentence, two years probation from and after that sentence and a five year loss of license. The…
Massachusetts Criminal Defense Attorney Blog
Haverhill Couple Arrested For Possession With Intent To Distribute Cocaine And Marijuana, Conspiracy
Haverhill police arrested two young adults yesterday and charged them with possession with intent to distribute cocaine and marijuana, conspiracy and a school zone violation. The arrests came about as a result of a raid on the defendant’s apartment that was authorized by a search warrant. It is alleged that…
Challenge To Child Endangerment Statute Rejected By Supreme Judicial Court
In September of 2004 at 9:45 p.m. a Mashpee police officer observed the defendant driving down Route 151. The officer knew that the defendant’s license had been revoked and attempted to stop the vehicle he was driving. In an attempt to avoid apprehension the defendant drove thirty to thirty five…
Challenge To Venue Rejected By Appeals Court In Larceny Case
By late 2002 police in various Norfolk County towns were investigating reports of a telephone scam that victimized older persons. Elderly people reported receiving telephone calls from males purporting to represent family members in trouble and in need of money. The callers would ask their targeted victims to send certain…
United States Supreme Court Holds That U.S. Appeals Courts Cannot Increase Sentences On Their Own Initiative
In Greenlaw v. United States ____ U.S. ____ (2008) decided on June 23, 2008, the United States Supreme Court overturned an Eighth Circuit Court of Appeals decision that increased a defendant’s sentence by fifteen years. The defendant was charged with various drug and firearm offenses. The government alleged that he…
Are Massachusetts Judges “Rubber Stamping” Prosecutor’s Requests Under G.L. Chapter 268 Section 13D(d)
G.L. c. 268 sec. 13D(d) was passed by the Massachusetts Legislature in March of 2006. The law was passed in part as a response to claims that criminal defendants were disseminating grand jury testimony as a means of intimidating witnesses, particularly in murder cases. The law permits prosecutors to request a hearing…
Fall River Woman Held Without Bail After Kidnapping, Multiple Assaults And High Speed Chase
A 42 year old Fall River woman was held without bail after being arraigned in the Dorchester District Court on charges of kidnapping, assault by means of a dangerous weapon, kidnapping and assorted motor vehicle charges. At arraignment the prosecution disclosed that on July 22, 2008 around 12:00 p.m. Boston…
Jamaica Plain Man And His Cousin Charged With Distributing Heroin In East Boston
Ariel Lara Aguasviva of Jamaica Plain and his cousin Jorge Luis Ortiz Lara were charged with distributing heroin. The case is currently pending in the East Boston District Court. The prosecution alleged that an informant made a controlled purchase of heroin from the defendants. After doing so undercover officers descended on…
Drug Arrest In Medford, Massachusetts Nets Nine Kilos Of Cocaine
A joint task force comprised of the local office of the Drug Enforcement Administration, the Medford, Massachusetts Police and the Middlesex County PACT Unit executed a search warrant at a Medford man’s home this past Monday. Officers found and seized a total of nine kilograms of cocaine. Seven were located in the…
Drug Conviction Reversed Due To Untimely Disclosure Of Exculpatory Evidence
The defendant was convicted in the Superior Court for possession with the intent to distribute PCP and for violating the Massachusetts School Zone statute. He appealed his conviction on the grounds that the prosecution’s late disclosure of exculpatory evidence deprived him of his right to a fair trial. At the…