Articles Posted in Drug Crimes

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Just two nights ago Michael Gitschier of Amesbury, Massachusetts was arrested and charged with numerous Massachusetts Drug Crimes. A Newburyport, Massachusetts newspaper reports that an Amesbury Police Officer noticed a very bright light shining in a downtown apartment. The officer radioed for assistance. A second officer arrived and the two approached the home to inquire. When they did they were met with a strong odor of Marijuana. One of the cops then looked into a window where he claims to have seen between twenty and twenty five pot plants. The officer reported that seeing grow lights and an irrigation system set up as well. With this information the police applied for and were granted a Search Warrant. The warrant was served, the search was executed and Gitschier was arrested. The forty two year old Gitschier was charged with Possession With Intent to Distribute Marijuana, a Class D Substance, Possession of Marijuana as a Second and Subsequent Offense and Malicious Destruction to Property. The latter charges stems from allegations that the defendant tapped into a neighbor’s utilities to facilitate the growth of the plants and arguable to avoid detection for excessive utility bills. Gitschier was charged in the Newburyport District Court where during his arraignment it was alleged that he admitted to committing the crimes charged. The owner of the apartment posted Gitschier’s bail which was set at two thousand five hundred dollars. The article states that the officer making the discovery viewed the bright light in the apartment as out of place and warranting further investigation.

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Lawyers Who Defend Marijuana Felony and Misdemeanor Cases in Newburyport, Massachusetts

As a Massachusetts Criminal Defense Lawyer I am interested in seeing the affidavit used to obtain the Search Warrant. As most readers know, if that document fails to articulate sufficient probable cause for the issuance of the Search Warrant the search will fail, the drugs will be suppressed and Gitschier’s case will likely be dismissed. One of the questions I have is exactly what did the officer’s do when they approached the home? Where were they when they saw the excessively bright lighting? From where did they approach the defendant’s home? What was the defendant’s expectation of privacy relative to the place from where the officer peered into the window to make his observation? Here is something else. Do you really think that someone who put together an elaborate Marijuana Cultivation operation would leave a portion of his window uncovered? Are there any surveillance cameras in the area that can show exactly what the police officers did in this case? Some pretrial investigation work is likely to reveal the answers to these questions. The results of this work will have an important impact on the ultimate outcome of this case.

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Just a few days ago police found Learde Rodriguez at an apartment on Lowell Street in Lawrence, Massachusetts. The twenty-three year old was arrested in connection with a shooting alleged to have occurred in Haverhill, Massachusetts just over one month ago. Rodriguez also faces charges in Lawrence for the same crime. The Haverhill incident occurred in the early evening hours. Police responded to a call for a shooting and arrived to find the victim riddled with gunshot wounds. A short while later a car with the windows shot out arrived at the police station to report the incident. There is no information as to how or why the police believe Rodriguez to be involved in the case. It is probable that Rodriguez will be held without bail due to the dangerousness of the crimes he is facing. Additionally, these cases will likely be prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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Lawrence, Massachusetts Assault and Battery Defense Lawyer

Haverhill, Massachusetts Lawyer Who Defends Violent Crimes

One thing I noticed while reading this article is the reference to Rodriguez being a member of the Trinitario Gang. This gang originated as a New York City prison gang. It was created for Dominican prisoners who were drug dealers and who had been encountering problems with the Latin Kings during their incarceration. The gang was formed for their protection in the jails. The gang spread to the streets and although primarily in the New Jersey and New York areas they are spreading to Eastern Massachusetts. Their weapon of choice is the machete. This past December forty such gang members were arrested and charged with an assortment of Violent Crimes in New York including Gun Charges, Drug Charges and Conspiracy.

Cases like this one can be difficult for the district attorney to prove. If Rodriguez was involved in these crimes I imagine that there was either a gang related motive or a drug relative motive or both. Gang members and drug dealers are reluctant to come into court to testify. They fear their own exposure for the crimes that they committed. They also fear retaliation from the people and gangs against whom they testify. In major cities prosecuting these cases is often a nightmare. Corralling the witnesses and getting them to cooperate honestly often borders on impossible. And what about their credibility? Most of them come with heavy baggage and getting jurors to believe what they have to say is not easy. Defending these cases is always a challenge but often defense attorneys feel that they have the upper hand. Rarely do witnesses come into court with clean hands. There are seldom independent eyewitnesses to these types of crimes. The witnesses are typically drug dealers and rival gang members who are easy to impeach. The outcome to this case should be interesting.

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Last week members of the Quincy, Massachusetts Police Department received a utility shutoff notice for 228 Norfolk Street. Shortly after noon the officers arrived at the residence to serve the notice. A man, Hao Vu, answered the door and quickly left the home. Officers immediately noticed a strong odor of Marijuana. They also felt heat coming from the cellar. The article further states that the officers saw Marijuana Plants and heat lamps used to grow the drug. Based on these observations the police left the home to get a Search Warrant. During the execution of the Search Warrant eighty one Marijuana plants were found. Shortly thereafter Hao Vu was found along with his wife Annie Vu. Both Annie and Hao Vu have been charged with Trafficking Marijuana. The case is now pending in the Quincy District Court but will likely be prosecuted in the Norfolk County Superior Court in Dedham, Massachusetts.

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Quincy, Massachusetts Marijuana Trafficking Defense Law Firm

Lawyers Who Defend Drug Crimes in Norfolk County Massachusetts, Quincy, Dedham

The first thing that catches my eye about this case is the actions of the police when they served the utility notice. While they may have smelled an overwhelming odor of Marijuana that in and of itself would not provide sufficient information for a magistrate or judge to issue a Search Warrant. I am sure what in fact prompted the issuance of the warrant was the observation of plants and grow lights. Yet how were the cops able to see these? Where is the basement door in relation to the front door? How big are the plants? The article also mentions that the officers felt heat when the door was opened. What was the heat bill this month compared to prior months?

Massachusetts case law makes clear that without a search warrant or exigent circumstances a search of someone’s property is illegal. Similarly, an illegal entry that results in observations that serve as a basis for probable cause in a search warrant affidavit requires suppression. As to challenges to search warrants, Massachusetts Appellate Courts have stated that the information obtained as a result of an unlawful entry must be excised from the search warrant affidavit. If, absent that information there still exists probable cause for the issuance of the warrant the search will stand. If not, suppression is ordered. In this case, depending on the content of the search warrant affidavit I can see several potential challenges to this search. The officers’ unlawful entry into the home, possibly dubious observations and uncorroborated suspicions might be applicable here.

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According to a report in the Somerville, Massachusetts Patch, three Massachusetts residents were arrested last week on Drug Charges. Somerville Police were conducting a drug investigation during which they stopped a car they believed contained some Heroin. The stop occurred in the middle of the afternoon. Once the car was stopped, one of the occupants, Jesse Peloquin told the officers that the drugs were in her bra. She, along with Ryan Kanode and Marie Stefano were all charged with various Massachusetts Drug Crimes. Among the crimes were Conspiracy to Violate the Controlled Substances Act, Possession of Heroin, a Class A Drug, Distribution of Heroin and Knowingly Being Present Where Heroin is Kept. The cases are pending in the Somerville District Court.

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Somerville, Massachusetts Drug Defense Law Firm

Drug Distribution Defense Attorney in Massachusetts

Massachusetts General Laws Chapter 94C Section 35 makes the following acts a crime: 1) knowingly Being Present where Heroin is Kept or Knowingly Being in the Company of Someone who is in Possession of Heroin. This crime is a misdemeanor and it carries a maximum one year jail sentence. While this crime is often prosecuted in Massachusetts district attorneys often agree to dismiss the charge upon payment of court costs if the accused has no criminal record, and in particular no prior drug offenses.

Distribution of Heroin on the other hand is a felony in Massachusetts. The law prohibiting the behavior is M.G.L. c. 94C Section 32. There is a potential ten year prison sentence associated with this crime. However, these cases are usually prosecuted in the district court where a judge can sentence to no more than two and one half years. If the accused has a conviction for a similar offense then he or she can be charged under subparagraph (b) of this law which has a mandatory three and one half year state prison sentence for anyone convicted. Often however, an Experienced Massachusetts Criminal Lawyer can get the district attorney to agree to reduce the charges to something not requiring jail time.

So what are the possible defenses for the accused in this case? That depends on what the police claim to have seen. First, there may be a viable Motion to Suppress if the police conducted the stop, Search and Seizure in violation of the defendants’ constitutional rights. What did they in fact see that in their mind permitted them to search the car? After the stop, what evidence exists to show that any of the occupants went to Somerville to distribute drugs? The article seems to indicate that the three defendants drove to Somerville to buy drugs, not to sell them. What evidence do the police have to prove that Kanode and Stefano knew that Peloquin had Heroin in her bra? This article suggests that there are countless defenses available to these three that might result a positive resolution to this case.

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The Massachusetts Supreme Judicial Court issued its opinion in four cases today all implicating the Massachusetts Marijuana Law. Three of these cases are discussed here. All three of these decisions found in favor of the defendants. The decisions effectively explain and perpetuate the spirit of Massachusetts General Laws Chapter 94C Section 32L making possession of less than one ounce of marijuana a civil offense.

In Commonwealth v. Pacheco, a state trooper was on patrol at night in a park in Lynn, Massachusetts. A sign in the park indicated that the park closed at dusk. The officer saw a car parked in a handicapped spot. When he approached he detected an odor of burnt Marijuana coming from the car. Several occupants of car admitted to smoking Marijuana and one stated that a small amount was left. Everyone in the car was ordered out. They were searched for weapons. A bag of Marijuana containing less than one ounce was found on the floor mat in the rear of the vehicle. The officer then searched the trunk of the car. He found a backpack which he opened. Inside he found a gun. The defendant admitted that the gun was his.

The Supreme Judicial Court held that the Search and Seizure was unlawful. In doing so it cited two other cases also decided today. In one case, Commonwealth v. Daniel, the Court stated that smelling freshly burnt marijuana coupled with Possession of less than one ounce of the drug by itself does not provide probable cause to believe that an amount of marijuana consistent with criminal activity is in the car. Daniel is an expansion of the Court’s decision in Commonwealth v. Cruz holding that the smell of burnt marijuana alone does not give rise to probable cause to search a car. Additionally, the Court ruled today in Commonwealth v. Jackson that “social sharing of marijuana” does not satisfy the element of Distribution of Marijuana.

As a Massachusetts Criminal Defense Lawyer I imagine that these cases will result in the dismissal of many pending Massachusetts Drug Cases. Since G.L. 94C Section 32L was passed many lawyers warned their clients that sharing a joint with a friend might be considered a crime and that being caught engaging in that conduct would, at a minimum result in an arrest. The open and public use of marijuana has become significantly noticeable since the passage of this act. It is not uncommon to smell burnt marijuana or to see people smoking marijuana in Boston during work hours.

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For several weeks a Massachusetts Drug Task Force had been investigating a Heroin Distribution operation in the Bridgewater, Massachusetts area. The investigation suggested to the officers that Samantha Lee Costa was the source of local heroin sales. On April 1, 2013 the police applied for an obtained a Search Warrant for her apartment. The execution of the Search Warrant took place just after 6:30 p.m. that day. Costa and a woman named Nicole Rossier were present at the time of the search. Several other people were in the apartment as well. Nearly four grams of heroin were located along with some pills, Marijuana and a Syringe. Drug Packaging materials and an insignificant amount of cash, (one hundred sixty four dollars) were found in the apartment as well. Costa has been charged with Possession With Intent to Distribute Class A, Heroin and Possession of Class D, Marijuana. The case is being prosecuted in the Brockton District Court.

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Brockton, Massachusetts Drug Defense Law Firm

Possession With Intent to Distribute Drug Lawyer in Massachusetts

As a Massachusetts Criminal Lawyer, based on this article it is clear to me that the charges against Costa are excessive and likely not provable. In order to convict someone for Possession With the Intent to Distribute Drugs in Massachusetts, the district attorney must show that the accused, in this case Costa, intended more than to just use the drugs. The only apparent evidence supporting that is the presence of baggies, packaging materials. Keep in mind that baggies are a household item and absent additional evidence of intended distribution it can be argued that the drugs that were being used by Costa came from those baggies. The syringe in this case was full. This is an indication that someone was about to use the heroin, not sell it.

Here is something else to consider. What is the evidence that Costa rather than someone else intended to use the Heroin? Rossier and several other people were present when the police raided the home. It is highly unlikely that the syringe or other drug ingestion materials will be fingerprinted. How then can the district attorney convince a jury that the drugs were Costa’s and not somebody else’s. They probably cannot make this argument successfully unless Costa made some incriminating statements or someone wants to testify against her. Hopefully she was smart enough not to make any statements to the police and contacted a lawyer right away. Certainly the people at the apartment are not in a position to testify as they have criminal exposure for Knowingly Being Present Where Heroin is Kept. Each of these people should have a lawyer to avoid being prosecuted along with Costa.

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A lengthy investigation into Revere Blood gang activities led to the arrest of fifteen men from various parts of Massachusetts including Revere, Lynn and New Bedford. It is alleged that various gang members were involved in gun and drug sales in Suffolk County and Essex County. Nine of the defendants have been charged with Federal Drug Crimes. The remaining six have been charged in state courts in Boston and Salem, Massachusetts. The charges for each vary and include Trafficking Cocaine, Trafficking Heroin, Firearms Charges and Counterfeit Drugs. Many of the accused have prior drug convictions. Conspiracy is another charge that many of the defendants face.

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Massachusetts Federal Drug Crimes Defense Law Firm

Lawyers Who Defend Drug Cases in Revere and Lynn, Massachusetts

While the article is not clear as to what charges each defendant faces I imagine that the charges in Federal Court are more severe than those filed in state court. The combination of drugs and guns as the basis for a criminal charge in Federal Court can be devastating. For example, 18 U.S.C. Section 924(c) mandates a consecutive sentence if a firearm is used in connection with a drug trafficking case. This law requires someone convicted of the offenses to first serve jail time on the drug case and then to serve time on the gun charge. The minimum mandatory sentence on such a case is five years from and after the drug charge and up to thirty years. The sentence increases in accordance with the type of firearm that was possessed. Possessing the gun as opposed to brandishing or actually shooting the gun also effect the length of sentence. This law is much more severe than Massachusetts state laws prohibiting the same conduct. As a Massachusetts Criminal Lawyer I imagine that the cases against the people charged in federal court carry those sentence enhancements.

It is difficult to assess possible defenses for the accused in these cases due to the lack of detail in the article. Factors that trigger the defenses include the defendant’s actual role in the criminal enterprise; i.e. was this someone who was caught selling drugs and guns or simply someone who was at the homes that were searched when the warrants were executed. The quantity of drugs found on an individual often guides defenses. For instance, someone with a history of drug possession convictions or with a documented drug abuse history might be able to claim possession rather than an intent to sell drugs if the quantity in his or her possession is consistent with their drug habits. The presence of Drug Distribution Paraphernalia factors into the analysis of the defendant’s intent as does the presence of absence of drug ingestion devices.

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About two months ago a police officers were looking for a car reported stolen. Shortly thereafter officers located a vehicle fitting the description of the Stolen Car. The police followed the car and a chase ensued. The stolen vehicle supposedly reached speeds of one hundred ten miles per hour. The chase was called off but the vehicle continued at a high rate of speed and ultimately crashed. The driver of the car, a woman somehow managed to escape the wreckage and fled to a nearby building. There she tried to conceal her identity by dressing up as a janitor. The woman was apprehended. While being transported she admitted to driving the car but claimed that over the previous four day period she was involuntarily injected with Heroin and given Methamphetamine. She was then told to get into the stolen car, to drive and not to stop. The woman was charged with Larceny of a Motor Vehicle, Operating to Endanger and other Motor Vehicle Offenses. Ironically, she was not charged with any Drug Crimes; i.e. Possession of Heroin or Possession of Methamphetamine.

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Massachusetts Motor Vehicle Crimes Defense Law Firm

Larceny of a Motor Vehicle Defense Lawyer, Massachusetts
Involuntary Intoxication is a defense to criminal accusations in Massachusetts. There is a Massachusetts on point that supports the woman’s contention in this case; Commonwealth v. Darch. That case states that if someone “is compelled to ingest intoxicants unwillingly” he or she can defend the allegations on the theory of involuntary intoxication. In Massachusetts, to overcome this defense the district attorney must prove beyond a reasonable doubt that the defendant’s intoxication was voluntary. This defense can be successful if the defendant gets a blood test or someone can corroborate the position that someone drug the accused. As a practical matter, for this defense to work the defendant is going to need a lot more than a statement such as the one made by the defendant in this case. Here is what I see as a problem with the defense in this case. The chase starts once the police start following the car thereby suggesting that the defendant knew the car to be stolen. After the car crashed the defendant took deliberate actions to avoid detection. She fled to a nearby building. She used a disguise to avert detection. Then, she gave a detailed description of how she was drugged; something that a drugged out person would be unable to do. Finally, there was no suggestion other than her words that drugs were involved in this activity.

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Just two days ago, two separate arrests were made on Route 84 in Worcester County, Massachusetts. The first case involved a van that was pulled over around 5:40 in the morning. The passenger, Ramon Suero was arrested after Massachusetts State Police found a kilogram of cocaine secreted in his clothing. Troopers also found over twenty eight thousand dollars in the van. Several hours later, on the same road, another vehicle was pulled over. It is alleged that the driver, Carlos Vargas was speeding. It was soon learned that Vargas’ driver’s license had been suspended. He was arrested. A subsequent search of his car resulted in the seizure of over two hundred grams of heroin, one pound of marijuana and some pills. The cases will be prosecuted in the Worcester Superior Court.

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http://www.necn.com/03/06/13/2-NYC-men-arraigned-on-drug-trafficking-/landing.html?blockID=833859&feedID=11106
Worcester, Massachusetts Drug Trafficking Defense Law Firm

Cocaine, Heroin Trafficking Defense Lawyer in Worcester

Both of these men have been charged with serious Massachusetts Drug Crimes. Suero is facing charges of Trafficking Cocaine in Excess of 200 Grams. The minimum mandatory sentence after a conviction for that offense is fifteen years in state prison. Vargas too is facing a fifteen-year minimum mandatory sentence for Trafficking Heroin Over 200 Grams. As a Massachusetts Criminal Lawyer I see some distinct differences between these cases. The more difficult case to defend seems to be Vargas’. The police have the right to arrest someone driving with a suspended license. With that right comes the right to search the individual and to tow the vehicle. The towed vehicle can be searched. The search is known as an “inventory search”. This type of search permits law enforcement to search a lawfully impounded motor vehicle. In order to do so however the police must have a written procedure on how to do so and this procedure must be followed. Typically in cases like Vargas’ the pretrial issues focus on suppressing the search due to an improper search, one that violated the inventory search policy of the department. Should the case go to trial, the focus will be on Vargas’ knowledge of the presence of the drugs in the car.

Suero’s case is much different. As a passenger there must be a lawful purpose for him having been searched. The Massachusetts Supreme Judicial Court held that there must be a reasonable basis particular to the passenger to conclude that he or she is armed and a danger before the search will be validated. So exactly did Suero do in this case? Nothing according to this article. So whey then was he searched? I imagine that the basis for his defense will be the legality stop, Search and Seizure of the drugs.

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Erik Lang, 20, was arrested for possession with intent to distribute marijuana on February 27th after a traffic stop in North Andover. Police allegedly stopped Lang after learning that his license was suspended. Further investigation revealed that Lang had there-quarters of a pound of marijuana with him. Police told the local newspaper that the amount indicates that Lang had the marijuana for “more than personal use.” Lang has been charged with driving after license suspension, possession with intent to distribute marijuana, and possession of marijuana.

Contrary to what the police officer suggested to the newspaper, quantity of drugs is far from dispositive on intent to distribute. There are a number of indicia considered in assessing whether there was an intent to distribute drugs. Factors considered include: the packaging of the drugs; presence of paraphernalia associated with distributing drugs, such as scales, plastic baggies and cutting agents; presence of large amounts of cash; and multiple cell phones. Lack of intent to distribute is a common, and often viable, defense in these types of cases.

As a Massachusetts drug crimes defense lawyer, I’m interested in the nature and extent of the “investigation” that followed the stop. There have been important legal search and seizure developments in the context of marijuana-related searches ever since possession of one ounce or less of marijuana became a civil, as opposed to criminal, offense in Massachusetts. Depending on the facts and circumstances of the encounter, Lang might have solid grounds for a motion to suppress evidence.

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