Articles Posted in Drug Crimes

Criminal Charge Stacking

Sometimes when law enforcement officers makes an arrest, they charge as many crimes as they can at once. Police have the right to use their discretion when asserting criminal charges, and they sometimes err on the side of caution and assert more charges than is actually fair. This processes is known as criminal charge stacking and it affects many criminal defendants in Massachusetts. You may have heard of police making numerous charges in an attempt to see what charges stick after being scrutinized by the court, that is exactly what charge stacking is. Continue Reading

Massachusetts Drug Cases

The Annie Dookhan saga continues in the High Court of Massachusetts. The Massachusetts Supreme Judicial Court has ordered state prosecutors to review the 24,000 Massachusetts drug cases that had been handled – or rather, potentially mishandled – by Annie Dookhan between 2003 and 2011.  Some 20,000 criminal defendants who were convicted of drug charges could potentially have their convictions dismissed, or cases retried, as a result of the state’s debacle concerning Ms. Dookhan’s misconduct while working in a Boston-area drug analytics lab. Continue Reading

Massachusetts Marijuana Laws

Marijuana has been legalized in Massachusetts for just a few months and legislators are already trying to prune back some of the provisions concerning the cultivation of marijuana, among other changes that could curb how people use and grow marijuana in the future. Being one of the first states to adopt legalization of marijuana statewide, the Commonwealth is struggling to get comfortable with the idea that marijuana is legal, that small amounts can be possessed without fear of prosecution, and that Massachusetts residents can grow cannabis in their homes if they so choose. Massachusetts marijuana laws however are evolving.  Continue Reading

Drug Dealers Getting Charged for Overdose Deaths

In recent years it has become popular for illegal drug dealers to mix highly potent drugs such as the heroin with a substance known as fentanyl in order to generate a more profound high for those who are taking the drug. Fentanyl is the dangerous opioid drug compound that has produced far too many deaths in Massachusetts and the New England region as a result of its use. People who receive drugs that are mixed with fentanyl have a substantially increased risk of accidental fatal overdosing. In response, prosecutors are seeing drug dealers charged for deaths resulting from the drug dealing activities.  Continue Reading

Massachusetts Drub Lab Scandal

The floodgates are now open to around 20,000 (twenty thousand) defendants whose convictions may have been tainted by Annie Dookhan’s corrupt, callous and criminal misconduct. On January 18, 2017 the Massachusetts Supreme Judicial Court decided the case of Bridgeman v. District Attorney for the Suffolk District, et al. SJC 12157. In Bridgeman the Court created a remedy for people whose cases may have been impacted by tainted Massachusetts drug lab conclusions. The Court adopted a protocol to be applied on a case-by-case basis more fully laid out below. The net effect will likely be the reversal and dismissal of thousands of convictions linked to Annie Dookhan’s wrongdoing. Continue Reading

Recreational Use of Marijuana

On the November ballot, Massachusetts voters had the opportunity to legalize the recreational use of marijuana in limited quantities. The voters have spoken, and starting December 15, 2016, it will be legal in Massachusetts for individuals who are over the age of 21 to possess small amounts of marijuana under House Bill 1.561. It will also be legal for residents to grow small amounts of marijuana in their private homes. Users can transport not more than 10 ounces of marijuana, and not more than 10 pounds of marijuana products (i.e., treats, confections, or other consumables). Continue Reading

Dookhan Drug Testing Lab Scandal

In November the Massachusetts Supreme Judicial Court struggled with the question of how about best to handle the aftermath of the Dookhan drug testing lab scandal, according to the Boston Globe. Annie Dookhan worked as a chemist in a Massachusetts drug testing lab where she produced test results that were used in over 24,000 criminal cases as evidence against defendants accused and convicted of drug crimes. The problem is that because Ms. Dookhan mishandled at least some of the drug samples for a fact, and falsified her test results data, countless criminal defendants may have been convicted on bad evidence. Continue Reading

Traffic Stop Leads to Drug Charges

Police made a traffic stop on Interstate 84 in mid-August and found considerably more than they bargained for. According to a recent report by Boston.com, the driver, Jeannie Ortiz, age 41, and passenger Domingo Ortiz, age 51, were found in possession of 85 grams of cocaine. The couple was charged with trafficking cocaine and conspiracy to violate state drug laws. Continue Reading

Conspiracy Charges

When defendants are faced with drug charges, these charges are often coupled with conspiracy charges. The two charges are separate, but are often brought together at the same time against a criminal defendant who stands accused of committing both crimes. Conspiracy charges are often tacked on to an underlying drug law violation, such as possession, intent to distribute or manufacturing illegal drugs or controlled substances. When conspiracy charges are tacked on to drug charges, the result can be increased penalties if the criminal defendant is convicted. Continue Reading