Articles Posted in Bail

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Five people have been indicted by a Federal Grand Jury in the Federal District Court for the District of Massachusetts on Conspiracy to Traffic Marijuana Charges. It is reported that Dmitriy Goldinshteyn of Framingham, Massachusetts along with Myooran Nakeswaran and Mark Belenkii, both from Newton, Massachusetts as well as Mary Roberts and Vadim Khait are named in the indictments. Goldinshteyn was arrested at his home in Framingham at six o’clock in the morning. He has been released on a twenty five thousand dollar personal appearance bond. It is alleged that the conspiracy started in early 2004 and that involved over one thousand kilograms of marijuana.

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Marijuana Trafficking Conspiracy Cases Pending For Five From Massachusetts

Conspiracy to traffic one thousand kilograms or more of marijuana in Federal Court is punishable by a minimum mandatory ten years in federal prison according to the relevant statutes. The Federal Sentencing Guidelines suggest the following in cases such as this one. First, the quantity itself makes this a level 32 offense. If the defendant’s criminal history is a category 1 the guidelines suggest a sentence of 121 months to 151 months be imposed. The defendant’s level can be decreased by at least two levels depending on his role in the conspiracy. The defendant’s level of participation can also be a factor that leads to a reduction in the base offense level. There can also be a reduction in base offense level if the defendant accepts responsibility for his actions. Finally, the defendant may be eligible for a “safety valve” that permits the judge to sentence him under the minimum mandatory sentence. This article is vague as to what each defendant’s role in this operation was. As of today there was no press release providing additional information on this case.

Much can be done to defend people accused of this offense. Over the past ten years Federal Case Law has evolved favorably to the defense. It is becoming more common for a minor participant in a drug conspiracy to be punished for his or her actual role in the offense than rather than for the entire quantity of drugs alleged in the indictment. Thus, in a case where it is alleged that multiple defendants trafficked over one thousand kilos of marijuana there can be great disparity among the sentences for each participant.

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Pedro Alix and Christopher Hassapis, both from Salem, Massachusetts along with Carlos Vieira of Peabody, Massachusetts now stand charged with assault with a dangerous weapon, armed robbery and assault and battery after forcing their way into another man’s home for the purpose of committing a robbery. The victim in this case reported that on Tuesday night he was outside of his home counting his rent money when a car occupied by the defendants appeared. The men got out of the car, charged at the victim, ran into his home and robbed him at gunpoint. Police found the victim outside and bleeding from wounds to his face. Other police officers who received a radio call recalled seeing the car earlier that evening with two of the defendants riding in it. They went to a location where the three were known to hang out and were given permission to enter by an unidentified female. Officer found the defendants in possession of crack cocaine. They also located a replica gun on the premises. The victim was able to identify the gun and the car but none of the defendants. Bail has been set at one hundred thousand dollars cash at the Salem District Court.

Criminal Charges For Three Massachusetts Men Following Home Invasion

There is an interesting issue in this case. The victim has not identified the defendants. You can bet however that the district attorney will proceed with this prosecution. The defendants will be indicted. The case will be handled in the Essex County Superior Court in Salem, Massachusetts. Most likely the prosecution will proceed by introducing into evidence the gun and photographs of the car in which the defendants were riding. They will also have the police officers who saw two of the defendants in the car earlier that evening testify as to her observations. However, absent any positive identification either through the victim or evidence from the scene such as fingerprints, footprints or DNA the case will rest solely on circumstantial evidence. These cases can be a defense attorney’s dream. Based on the information in the article do not be surprised to see the home invasion charges dismissed against one or more of the defendants. Acquittals after a trial would not surprise me either.

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According to reports Lynn, Massachusetts police had a warrant for Johnny Rodriguez’s arrest stemming from an incident last Saturday night. At that time, Rodriguez was stopped by police officers who were following up on recent shootings. Rodriguez was able to escape in his car and a warrant for his arrest issued. Surveillance was set up outside his home on Monday. Police entered is apartment and secured his arrest. In the process they observed an open safe containing a couple of handguns and an assault rifle. A search warrant was then issued permitting the police to search the apartment. During the search additional firearms were located along with ammunition and over two hundred grams of cocaine. A substantial amount of cash was seized as well.

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Firearms, Drug Charges For Lynn Massachusetts Man

I would assume that Rodriguez has been charged with unlawful possession of firearms, possession of ammunition, possession with intent to distribute marijuana and trafficking cocaine. While all of these charges are considered serious Rodriguez stands to serve the most time on the cocaine trafficking charge if convicted. Trafficking cocaine over two hundred grams in Massachusetts comes with a mandatory minimum fifteen year state prison sentence after conviction. The firearms charges carry a minimum mandatory eighteen month sentence. There is no minimum mandatory sentence associated with convictions for the possession of ammunition and the marijuana charges.

During the bail hearing Rodriguez’s lawyer suggested that the police officers’ search exceeded the scope of the warrant. If this is true then perhaps some of the items seized will be suppressed. Here is one thought that comes to mind. If Rodriguez’s home was under surveillance why did the police need to enter his apartment to effectuate the arrest? It would make more sense if they apprehended him when they saw him about to enter the establishment rather than wait for him to get inside. If the defense can show that getting inside the apartment was illicitly orchestrated to establish probable cause to obtain the warrant Rodriguez might be able to convince a court to suppress the search.

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Shubar Charles has been held in the Essex County Jail since April on a one hundred fifty thousand dollar cash bail since he was first charged with cocaine and gun crimes in the Lynn District Court. He has now been indicted by an Essex County Grand Jury and his case will be prosecuted in the Salem Superior Court. On April 3, 2009 police went to Charles home armed with a warrant for a New Bedford criminal case. When they located Charles he was in possession of cocaine, a handgun and some ammunition. Charles had some prior drug convictions. The district attorney charged him with possession of a firearm, possession of ammunition and possession with the intent to distribute cocaine.

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Lynn Massachusetts Man With Prior Criminal Record Indicted For Guns, Drugs

The firearm charge itself carries a maximum five year state prison sentence. There is a minimum mandatory eighteen month sentence that Charles will have to serve if convicted of this crime. The crime of possessing ammunition is a misdemeanor punishable by up to two years in the county house of correction. The possession with intent to distribute Class B carries a maximum ten year state prison sentence with no minimum mandatory under most circumstances. However where the defendant has prior convictions there is a minimum mandatory three year state prison sentence. According to this article Charles has prior convictions. He is facing a mandatory three year sentence on all counts. The firearm count and the charge of possession with intent to distribute cocaine can run concurrently if a judge chooses to do so after a trial or a guilty plea. Sometimes these cases can be plea bargained to reduce the minimum mandatory exposure that the defendant is facing. That often depends on the nature of the offense, the person’s criminal record and any personal history that might warrant the consideration of a lesser sentence.

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Following up on an investigation concerning Jeremy Lawrence’s activities Framingham, Massachusetts police officers engaged in an undercover operation. In doing so they succeeded in purchasing two small baggies of cocaine from Lawrence at the Jefferson Hills Apartments. After the purchase other officers confronted Lawrence in a parking lot. Lawrence immediately placed his hands in his waistband. Officers ordered him to stop. He continued these actions until he was subdued by the police. Jeremy Lawrence was searched. Found in his possession were over fifty bags of cocaine, thirteen bags of crack and a baggie of marijuana. Lawrence was charged with trafficking cocaine and a school zone violation. The case is now pending in the Framingham District Court. Bail was set at $2,500.00.

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Dorchester Man Gets Arrested In Framingham For Drug Trafficking

Undercover operations of this nature are quite common. Officers learn from informants or through other aspects of an investigation the identity of people who might be dealing drugs. Since catching the person in the act is the best way to prove his guilty they set up undercover buys. Many times the police will pose as drug users or drug dealers, get an introduction to their suspect and gain his confidence. They arrange to purchase a specified quantity of drugs and after doing so an arrest is made. Frequently, my clients who have been arrested as a result of one of these operations ask me if this is entrapment. The simple answer is usually “no”. Entrapment in Massachusetts requires more that law enforcement placing the idea of the criminal wrongdoing in the defendant’s mind. There must be an effort to overcome the defendant’s will not to commit the crime through coercive behavior that ultimately results in him relenting and doing the act. If the district attorney shows that the defendant was already predisposed towards criminal activity then there is no coercion.

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Earlier this week people reported hearing gunshots being fired in a downtown Framingham, Massachusetts neighborhood. Responding officers found Carlos Montes and another man running away from the crime scene. The police followed Montes into a garage and saw him drop an object in a trash barrel. Montes was apprehended fleeing the garage. Police located a semi-automatic pistol with a large capacity magazine. Montes has been charged with illegal possession of a large capacity firearm, discharging a firearm within 500 feet of a dwelling, disturbing the peace, resisting arrest and unlawful possession of ammunition. He was already facing unrelated gun and drug charges. All cases are pending in the Framingham District Court.

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Framingham Massachusetts Man Facing Gun Charges

This article is unclear as to what type of firearm Montes is accused of possessing this time. If it is simply a firearm there is a maximum five year state prison sentence with a minimum mandatory eighteen month house of correction sentence. There is no parole eligibility until at least eighteen months of any sentence has been served. It is suggested however that this case is more severe. If the weapon seized is a machine gun Montes faces a sentence of up to life in prison. While it is unlikely that he would be sentenced that high on a case like this it would not surprise me to see this case prosecuted in the Superior Court. This is due not only to the nature of this firearm but also the fact that Montes had a pending gun case at the time.

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Melvin Cumba was at a Shaw’s Supermarket last Thursday accompanied by Shannon Widener. At approximately 5:30 that evening a Shaw’s employee saw Cumba shooting heroin in the woman’s bathroom. Apparently Cumba had been given warnings by authorities to leave the store. He refused, argued with the police and was charged with possession of heroin, second offense, disorderly person and trespassing. Bail was set at one thousand dollars cash. Widener was arrested for an outstanding warrant out of Brockton.

Drug Charges For Man Using Heroin In Food Store

Possession of heroin in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 34, The law states that anyone who is found in possession of heroin, a Class A substance, and is convicted of that crime can be punished by up to two years in the house of correction. For a second offense the punishment is up to five years in state prison. The latter version of the crime is a felony. This case will likely be prosecuted in the Stoughton District Court. Cumba’s biggest challenge will be convincing a judge to give him a sentence that does not require him to serve jail time.

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Massachusetts State Police broke up a large marijuana delivery yesterday in Peabody, Massachusetts. It was reported that police had set up a surveillance at a store parking area in Route 1 in Danvers. The delivery truck arrived and law enforcement personnel observed men loading marijuana from the truck onto another vehicle. Both vehicles were followed until it was determined that probable cause to stop had been established. One vehicle contained over five hundred pounds of marijuana. The other had over two hundred thousand dollars cash. Three Massachusetts men, Brian Toto of Revere and Michael Schrimpf and Phillip Watson, both of Saugus were arrested. Two men from Indiana, Melvin Vanmeter and R.J. Norton were also arrested. All of the defendants are being charged with trafficking marijuana over one hundred pounds and conspiracy. Bail has been set at two hundred fifty thousand dollars in the Peabody District Court.

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Drug Bust In Peabody Massachusetts Produced 500 Pounds Of Marijuana, Cash

In Massachusetts Trafficking Marijuana carries varied minimum sentences that depend on the quantity of drugs involved. Marijuana trafficking starts at fifty pounds. If someone traffics between fifty and one hundred pounds there is a one year mandatory minimum jail sentence. If you are caught trafficking between one hundred and two thousand pounds of marijuana you face 3 to 15 years in state prison, at least three of which must be served. Both buyers and sellers have exposure for trafficking if the quantity involved exceeds the threshold established by law. Here, the defendants are looking at three years. The case will most likely be indicted to the Essex County Superior Court in Salem, Massachusetts.

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Christopher Hayes must have thought that he would be inconspicuous shooting up heroin near a convenience store on Lowell Street in Andover, Massachusetts. He was wrong. Police detectives in the area saw Hayes sitting in a 1993 Oldsmobile. They approached the car to see what he was doing. There, in plain view and at 1:00 in the afternoon officers saw Hayes injecting himself with heroin. When he realized who they were Hayes took off. Authorities claim that in the process he tried to run over three detectives. Hayes took off. He then threw the heroin and some drug paraphernalia out of the car. Officers recovered the evidence. Hayes was ultimately apprehended and charged with possession of heroin, possession of drug paraphernalia, assault and battery by means of a dangerous weapon and assault with the intent to murder. Charges are now pending in the Lawrence District Court. Bail has been set at two thousand five hundred dollars.

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Motor Vehicle Charges, Drug Charges For Massachusetts Man Who Assaulted Police Officers

All of these charges can be prosecuted in the District Court. If the cases are kept there the maximum sentence that can be imposed is two and one half years in the house of correction for the crimes of violence, two and one half years for the drug paraphernalia and two years for possession of heroin. These sentences can be imposed consecutively if a judge deems that to be appropriate. The length of the sentence depends on the defendant’s criminal record and the severity of the crime. Factors such as age, level of education and drug dependency often serve as factors that mitigate the severity of the sentence that will be imposed.

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Charline Rosemond was found dead on April 13, 2009 in Somerville, Massachusetts. She ahd gone missing five days earlier. The cause of death was a gunshot wound to her head. Police and the Middlesex County District Attorney were investigating her death. The prosecution believes that Dokens Joseph has information of value to their investigation. According to reports “Joseph is a significant witness in the case and it is alleged that he knowingly provided false material information to a Grand Jury during this investigation.” Because authorities believed that he provided false information under oath Joseph has been charged with two counts of perjury. He was arraigned in the Middlesex County Superior Court in Woburn. Bail was set at $100,000 cash.

Massachusetts Man Charged With Perjury In Connection With Murder Case

Massachusetts Perjury Laws are set out in G.L. c. 268 Section 1. The law states that anyone who lies in a judicial proceeding “to the issue or point in question” or “wilfully swears or affirms falsely” in a matter requiring an oath is guilty of perjury. If the crime is a capital crime there is a potential life sentence that can be imposed. The fact that perjury was charged in this case shows the seriousness with which prosecutors in Massachusetts take a person’s obligation to testify truthfully. Any attempts to subvert an investigation through perjury will likely be charged as a criminal offense.

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