Articles Posted in Drug Crimes

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An article in Wicked Local, Cambridge reports today that Toure Penn Poster of Cambridge, Massachusetts was arrested after police officers supposedly saw him engaged in a drug deal just after 9:30 a couple of weeks ago. The officer reported that he saw Poster on his bicycle circling and constantly looking back towards the officer’s cruiser. A car approached. Poster was witnessed leaving his bicycle, getting into the car and getting out of the car a few blocks down the road. Officers confronted Poster, searched him and found in his possession three small baggies of marijuana, a Class D substance. Poster was arrested and charged with Distribution of Marijuana, a Class D Substance. He was also charged with Distribution of Marijuana in a School Zone given the incident occurred within three hundred feet of an elementary school. Officers further reported taking Poster’s cell phone and taking calls made to the phone during which alleged Drug Deals were discussed.

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Cambridge, Massachusetts Marijuana Distribution Defense Law Firm

Lawyers Who Defend Drug Cases in Cambridge, Massachusetts, School Zone Cases

The first thing a Massachusetts Criminal Lawyer will think when reading about this case is “why was Poster charged with Distribution?”. There is no indication that any officer saw him distribute anything. The information that the police related is that they saw Poster get into a car, abandon his bicycle, exit the car a few blocks away where he was found in possession of an obviously small quantity of Marijuana. Interestingly enough the quantity of the drug is not even mentioned suggesting to me that it was far less than one ounce, thereby making Poster’s activities non-criminal unless the district attorney can prove actual distribution or an intent to distribute. Well, the distribution suggestion seems purely speculative. Who is to say that Poster was selling as opposed to buying from the person in the car? Even more, who is to say that Poster and the unknown, unidentified person in the car had any Marijuana Dealings at all? Poster might well have had the Marijuana in his Possession prior to meeting up with the car. And think about this. Why would Poster get involved in a drug deal with a police cruiser right near him? Wouldn’t he simply tell the driver of the car to come back another time? Wouldn’t he call the person and say “Hey. The timing is bad. There is a police car right here?” Stories like this one always raise my suspicions. Drug dealers do not deal drugs in front of parked police cruisers particularly when they know that the police are watching them as Poster seemingly did here. It seems to me that either the facts set out in this article are very incomplete or Poster has some viable defenses to set out, or both.

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Kelly Arzate and Charles Berard, two Holyoke men, were charged Wednesday with cocaine trafficking and possession with intent to distribute marijuana after police conducted a “routine traffic stop,” according to local news outlets. A state trooper conducted the stop after midnight, allegedly because he noticed that Arzate’s license plate light was out. When he approached the car, he allegedly detected an odor of marijuana. He called for backup and ordered the pair out of the car. Troopers searched the car and allegedly recovered a bag of suspected cocaine in the center console, eight cell phones, $13,000 cash, and 15 pounds of marijuana, which was in the trunk, in individual baggies. Arzate and Berard were then arrested. Police estimate that the street value of the cocaine would have been $20,000 and that the street value of the marijuana would have been $4,000.

An experienced Massachusetts defense lawyer would immediately pick up on the fact that this exit order may have been illegal, and these two defendants might have strong grounds for a motion to suppress evidence. Because possession of one ounce or less of marijuana is no longer a crime in Massachusetts, the odor of burnt marijuana alone cannot justify an exit order. This is because exit orders must be based on reasonable suspicion of criminal conduct. Still, officers might be able to conduct an exit order of a driver if there is reasonable suspicion that the driver was operating the under the influence of marijuana. Here, there doesn’t seem to be any indication that Arzate was operating under the influence of marijuana. It’s telling that he was apparently not charged with that crime. Further, he was stopped not because he was driving erratically or in any way indicative of impairment. Rather, he was stopped simply because his light had gone out. There is no indication in news reports that Arzate exhibited any signs, such as blood shot eyes, of marijuana impairment. Also, it seems that there was no apparent reason for ordering the passenger, Berard out of the car. In order to do that, police would need reasonable suspicion of criminal activity, independent of the driver, on the part of the passenger. The alleged drugs here were apparently not in plain view, since the troopers allegedly recovered them from the console and the trunk. It does not seem that the defendants engaged in any activity that could be perceived as a safety concern. Finally, it is unclear whether the trooper smelled burnt marijuana or fresh marijuana. If he smelled fresh marijuana, that would further weaken the case for reasonable suspicion of OUI drugs. A skillful Massachusetts drug crimes attorney will likely be able to make a strong argument for suppression in this case. Successful motions to suppress often lead to dismissal of drug charges.

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According to a report in the Quincy Patriot Ledger a Quincy, Massachusetts police officer saw what he determined to be “suspicious behavior” at 2:30 in the afternoon in a residential neighborhood. The newspaper report says that the officer believed that two men sitting in a parked car were “acting suspicious”. The men were identified as Raul Fontana of Lawrence, Massachusetts and Harrich Garcia of Haverhill, Massachusetts. The officer also observed that the address where the car was parked, 10 Earnest Avenue, appeared to have been broken into. The belief was that there might be a break-in in progress and that perhaps these two men were involved. The officer searched both men. Fontana was found in possession of an unspecified quantify of Oxycontin. A third individual, Ely Thevenot exited the home with a shoebox. Police searched him and the box and found about ten thousand dollars cash. Another man, Jose Rosario was found hiding in a car nearby. Officers searched the home and found more Oxycontin. Two other people who were in the house at the time were not charged with any crimes. All four men have been charged with Trafficking Oxycontin, a Class A substance, Drug Conspiracy and Possession With the Intent to Distribute a Counterfeit Substance. The case is pending in the Quincy District Court but will probably be prosecuted in the Norfolk County Superior Court in Dedham.

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Massachusetts Oxycontin Trafficking Defense Law Firm

Drug Trafficking Attorney in Quincy, Massachusetts

Accepting for now that the article is accurate the starting for a Massachusetts Criminal Lawyer defending this case is to evaluate the constitutionality of the stop and frisk of the individuals in the car and then the determine whether the search of Thevenot and the house were lawful. To justify the seizure of Fontana and Garcia the police must show that they had reasonable suspicion to believe that the occupants of the car had committed or were about to commit or were in the process of committing a crime. The district attorney in this case is going to argue that the broken window at 10 Earnest Street gave rise to this suspicion and permitted the search of the car occupants and Thevenot. A hunch does not meet the standard of reasonableness. In this case there appears to be an absence of specific facts that would lead a reasonable person to believe that the actions of Fontana and Garcia were consistent with criminal activity. Simply sitting in a car at 2:30 in the afternoon in a residential neighborhood does not support the officer’s actions. So what did the officer in fact see when he approached the car? Did he see some sort of object consistent with being used to break windows? Did he see cuts on the hands of either Fontana or Garcia consistent with them having suffered injury while breaking into the home? Were the officers notified about the possibility of a break-in at 10 Earnest Avenue? Or were Fontana and Garcia simply sitting in their car outside of the home? Did the officers know who lived in the home? Was the home associated with drug activity in the past? Here, it looks like the police officer was acting on a hunch. This should not survive a constitutional challenge.

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Last week’s Taunton Gazette reports that Leonardo Sanchez, of Lowell Avenue in Providence, Rhode Island has been charged with Trafficking Heroin Over 200 Grams as well as Carrying a Dangerous Weapon. Apparently the police had been investigating Sanchez for over six months. It is alleged that he had been selling large quantities of Heroin to one particular customer for that period of time. Authorities had information that last week Sanchez would be in possession of a significant amount of Heroin at the Silver City Galleria Mall in Taunton. Following up on their lead, the officers set up surveillance and observed Sanchez meet up with his contact. He was grabbed when he left the mall. In his possession the police found over two hundred grams of Heroin as well as a pair of brass knuckles. Sanchez was arraigned in the Taunton District Court where bail was set at forty thousand dollars cash. This case will eventually be prosecuted in the Bristol County Superior Court in Fall River as the district court has no jurisdiction over Massachusetts Trafficking Cases.

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Taunton, Massachusetts Heroin Trafficking Defense Law Firm

Bristol County Massachusetts Drug Crimes Defense Attorney

As a Massachusetts Criminal Lawyer there is an abundance of information that I would need to obtain before deciding how to proceed with the defense in this case. What is obvious is that Sanchez’s best chances for success are to show that the Search and Seizure was unlawful. This can only work if the facts of this case support the constitutional challenge. It is clear that Sanchez was stopped in the legal sense. To justify the stop the district attorney needs to show that reasonable suspicion for the police to believe that Sanchez was committing or was about to commit or did in fact commit a crime existed at the time of the stop. Reasonable suspicion can arise from the police officer’s personal observations. It can also originate from information supplied by an informant. The latter appears to be the case here. I base that assumption on the fact that the police had knowledge that Sanchez had been supplying someone regularly with Heroin for at least six months, that surveillance had been established prior to Sanchez’s arrival and that he was meeting a customer (probable the informant) at the mall. Someone had to alert that police to the time, date and details of this activity in order for them to set up this operation. If this is the case then the district attorney will have to show that the information was credible and that he or she had a basis of knowledge to establish that Sanchez would be in possession of drugs at the mall. Alternatively, if the stop of Sanchez amounted to an arrest, then the prosecution will have to show that it had probable cause to make the arrest. This is a tougher standard to overcome and could be problematic for law enforcement.

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According to a report in Wicked Local, a Massachusetts teacher’s aide has been arrested and charged with some Drug Crimes and Procuring Alcohol for a Minor. It is alleged that the defendant, Jennifer Olsen, twice smoked marijuana with several students. It is further alleged that Olsen provided the drugs. Authorities also claim that the defendant gave alcohol to underage students. Part of the prosecutions’ case in based on statements Olsen made through social media and emails. Charges of Procuring Alcohol for a Minor, Possession With the Intent to Distribute Marijuana, a School Zone Violation and Distribution of Marijuana are now pending against the defendant in the Concord District Court.

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Concord, Massachusetts Marijuana Distribution Defense Law Firm

Massachusetts Criminal Lawyer Who Defendant School Zone Violations

The Massachusetts School Zone Law was recently amended to more fairly reflect the original design of the law. The old law made it a crime to distribute or possess with the intent to distribute drugs within one thousand feet of a school zone. The hours of operation of the school were irrelevant and a conviction for this crime required a two year house of correction sentence to be imposed from and after another committed sentence. The law was harsh, unforgiving and unfair. This past summer the law was amended. Now, the illicit activities must occur within three hundred feet of a school zone and the hours implicating the law are five in the morning to midnight. There is still a mandatory two year sentence however there is a provision permitting parole after the person has served one half of the maximum sentence. There also exist circumstances wherein a person is not eligible for parole, such as if violence or a weapon was used during the commission of the crime.

So what exactly does this mean for Jennifer Olsen? If the district attorney’s insists on going forward on the School Zone Violation Olsen will either have to go to trial and win or go to jail. In most instances, particularly where a person does not have a criminal record, the district attorney’s office “breaks down” the School Zone Charge on the condition that the accused plead guilty to the underlying drug charge. Sometimes the prosecution agrees to reduce the felony to a misdemeanor and will consent to having the case continued without a finding. In that situation, if all goes well for the defendant, he or she will not have a criminal record once the probationary period is successfully completed. Here however, this situation differs. Olsen was in a position of trust that was violated when she provided drugs and alcohol to minors. This was also done on school property. The district attorney himself commented on how troubling these allegations are particularly where Olsen was entrusted to help educate students at this school. If however this case is difficult to prove from a legal perspective, then perhaps a reduction in charges will follow.

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Police in the Weymouth and Cohasset areas have made their third arrest as part of a lengthy investigation into Drug Dealing Activities in those Massachusetts communities. Enrique Camilo of Boston was arraigned in the West Roxbury District Court on charges of Trafficking in Cocaine, Second and Subsequent Offense. His bail has been set at one hundred thousand dollars. Camilo was arrested last week after authorities found just under a pound of cocaine in his home. The arrest and arraignment occurred on October 26, 2012, eight days after a Search Warrant was executed at Camilo’s home. The search revealed over four hundred grams of cocaine, some cutting agents and assorted Drug Paraphernalia. Materials in the home link Camilo to the dwelling however he was not present at the time of the search. Camilo is also being charged in Norfolk County for another Massachusetts Cocaine Trafficking Case that is unrelated to this matter. It is alleged that the drug trafficking activities originated in Boston and were consummated in Cohasset. Others charged with Cocaine Trafficking as a result of this investigation are Gabriel Martinez and Rafael Torres. Martinez is from Dorchester.

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Massachusetts Cocaine Trafficking Defense Law Firm

Drug Trafficking Defense Lawyer in West Roxbury

Any Massachusetts Criminal Defense Lawyer will tell you that he or she loves a case like this one. Whenever a Search Warrant is executed at a home at a time when the defendant is not present there is a real chance that a jury can be convinced to acquit the defendant. Jurors want significant proof before they convict someone of a major crime. And yes, Drug Trafficking in Massachusetts is a major crime. Jurors know this. They know that drug trafficking convictions implicate mandatory minimum jail sentences. As such, juries want proof that the accused committed the crime for which he stands trial. They want fingerprints or DNA on the drugs or on the Drug Paraphernalia. The district attorney will likely have papers found in the home linking the accused to the property. But in all likelihood there will be ample evidence that others lived in or had access to the home. Utility bills, rental agreements, mail, personal effects, clothing and things of that nature will not all point to the defendant as the person responsible for trafficking these drugs. If the prosecution has evidence that the defendant was observed engaging in what are believed to be drug activities around the time the warrant was issued the jury will wonder why he was not arrested at that time. This concern often leads to not guilty verdicts. The failure to arrest suspects in drug cases at the time of the crime can be fatal to the prosecutor’s case. The delay between finding the drugs and arresting the defendant works to the defendant’s advantage in this situation.

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Three days ago East Bridgewater, Massachusetts police responded to a call for a woman acting “out of control”. The woman, thirty one year old Kerrilee Zimmerman apparently went to her brother’s home, accessed a locked firearm in the house and started shooting. Several bullets went through a wall and hit a neighbor’s house. The suspect’s brother who reportedly called the police had concerns that the incident was triggered by possible drug usage. The caller found his sister lying on a bed with the gun pointed towards her chest. An ambulance arrived to take Zimmerman to the hospital for an examination. She refused and purportedly fought with two police officers. Zimmerman has been charged with Carrying a Firearm, Unlawful Possession of Ammunition, Assault and Battery on a Police Officer, Malicious Destruction to Property Over $250 and Discharging a Firearm Within 500 Feet of a Dwelling. The case is pending in the Brockton District Court where Zimmerman will be arraigned tomorrow.

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Brockton Firearm Possession Defense Law Firm

Malicious Destruction to Property Charges, Massachusetts

So what typically happens to a defendant in a case like this one? A lot depends on her criminal history. If Zimmerman does not have a criminal record it would not surprise me to see this case continued without a finding, particularly if drugs caused Zimmerman’s behavior. Judges and prosecutors are sympathetic to people who have drug problems. When the accused does not have a criminal record and drugs led to the crime efforts are made to get the accused help rather than to saddle him or her with a criminal conviction or jail time. The victims in this case can be adequately compensated for their monetary losses. Police officers are inclined to agree to case resolutions that help get people on the right track in cases like this one as well. The police are not necessarily inclined to insist on a conviction. Rather, they want assurances that the activity will not be repeated and the accused gets her problems properly addressed.

In my experience psychological evaluations can be helpful in getting the prosecutor and judge to agree to a favorable disposition. This involves engaging a forensic psychologist, preferably one who works for both the prosecution and defense regularly. This person will meet with and evaluate the accused to prepare a report known as an aid in sentencing. With the report comes a diagnosis that explains the causes of the defendant’s behavior and often recommendations on how to prevent a recurrence in the future. A continuance without a finding with probationary conditions that embrace the substance of the aid in sentencing report is many times the result of the case. The report helps the district attorney and judge understand the problems from which the accused is suffering. The report also provides professional strategies to address the problem.

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Last week Massachusetts State Police and Marlborough Police surveilled 21 Preston Street, the home of Joshua Chevez a twenty year old Marlborough resident. Once Chevez arrived home he was handcuffed. The police then executed a Search Warrant at the residence. During the search authorities located Drug Paraphernalia (digital scales and baggies), thousands of dollars cash and some packaged marijuana. Residue on the scales was confirmed to be cocaine. Officers also seized cell phones, cars and a laptop. While detained Chevez confessed to Selling Marijuana and Distributing Cocaine. He stated that he sold around two ounces of cocaine per week to Marlborough residents. Chevez admitted that he buys his product from a Drug Dealer in Lynn, Massachusetts and a Drug Dealer in Lawrence, Massachusetts. Chevez also confessed to Distribution of Marijuana. He was charged with a School Zone Violation, Possession With Intent to Distribute Cocaine, Drug Conspiracy and Possession With Intent to Distribute Marijuana. Chevez defaulted on his arraignment and a warrant has issued for his arrest. Chevez has other pending Massachusetts Drug Charges including one in Lawrence for Possession With Intent to Distribute Class B along with some Massachusetts Theft Crimes; Breaking and Entering and Receiving Stolen Property. His cases are pending in the Marlborough District Court and may eventually be prosecuted in the Middlesex County Superior Court in Woburn.

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Massachusetts Drug Distribution Defense Law Firm

Marlborough, Massachusetts Cocaine Charge Defense Lawyer

As I have mentioned in many prior posts, Chevez’s first mistake was to talk. Had he not spoken with the police there would have been many more defenses to the Massachusetts Drug Charges he is facing. But he did not. Rather, he confessed to having committed some serious Massachusetts felonies. It is pretty clear that he was release from custody on a low bail due to his willingness to cooperate with the police. While this might appear to be an attractive offer to someone who has just been arrested, it is ill advised to cooperate with the police without proper representation from an Experienced Massachusetts Criminal Lawyer. Neither Chevez nor anyone in his position is capable of working an effective, beneficial cooperation agreement without the assistance of a lawyer. Now, being in default has exacerbated Chevez’s problems and he is in need of proper representation. Silence is the best defense to police questioning if you do not have a lawyer advising you otherwise. The large majority of cases that I handle would never have amounted to Massachusetts Criminal Cases had the defendant not spoken with the police. The rule is simple: avail yourself of your constitutional right to remain silent and hire a lawyer immediately.

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The recent Massachusetts drug lab scandal is proof positive that in Massachusetts there is always hope no matter how serious the crime. Whether you have been convicted or charged with any of the Drug Crimes in Massachusetts you should hire an Experienced Massachusetts Criminal Lawyer. A good lawyer can always help you no matter how serious the crime for which you have been charged or for which you have been convicted. As proof, just take a look at what is going on in Massachusetts right now.

Thirty four year old Annie Dookhan of Franklin, Massachusetts worked for nine years at the Hinton State Laboratory Institute in Boston. It is alleged that Dookhan provided false test results for a two to three year period. In some instances, Dookhan never even tested the substance. Dookhan has admitted to forging a colleague’s initials and converting negative tests to positive tests. According to reports, Dookhan’s work had an impact on thirty four thousand defendants. She allegedly tested over sixty thousand drug samples and it is estimated that around one thousand one hundred inmates are involved in cases where Dookhan was the state’s primary or secondary chemist. Today, Dookhan was arraigned on two counts of Obstruction of Justice and a single count of pretending to hold a degree from a university. The matters are pending in the Boston Municipal Court.

One of the consequences of Dookhan’s actions has been the release of prisoners from the county house of correction or state prison. About a week and a half ago a forty nine year old man was released from jail after being permitted to withdraw his guilty plea for a reduced Massachusetts Oxycontin Trafficking charge. That case, a Norfolk County Drug Case is believed to be the first in which someone effected by Dookhan’s actions has been released. Many more have followed. Prosecutors in some counties have taken the approach that any case involving Dookhan is tainted and warrants a new trial at a minimum. People involved in many these cases have been released for custody. In other counties prosecutors are scrutinizing each case individually. One district attorney’s office has taken the position that anyone who has entered a plea bargain and benefited by a reduced sentence or charge is not entitled to a new trial or withdrawal of his or her guilty plea even if Dookhan was involved in analyzing the drugs. Our office has taken to position that regardless, the constitutionality of the conviction should be challenged. At a minimum a motion to stay the sentence and for the release on bail should be awarded until the prosecution is able to argue with certainty that the conviction is not tainted by Dookhan’s actions.

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Annie Dookhan, former chemist at the Hinton State Laboratory Institute (also known as the Department of Public Health drug lab) in Jamaica Plain, admitted that she “messed up bad,” local media reported Wednesday. Dookhan was referring to her mishandling and contamination of drug evidence, fraudulent alteration of chain of custody documents and other misconduct, which has called into question evidence used in more than 30,000 drug cases.

Dookhan confessed that she has claimed that negative drug tests were positive and that she breached other lab protocol. She also confessed that for two or three years she had not even done the required tests on drug samples and that she forged the signature of a colleague certifying that equipment was functioning properly. As of Wednesday, at least 20 inmates had been freed, had bail reduced, or had their sentences suspended as a result of the drug lab scandal.

According to reports, some fellow chemists at the lab expressed concern over Dookhan months and years before the scandal broke. One chemist told police that he was “staggered” by Dookhan’s output of more than 500 analyses per month. An average chemist has an output of 50 to 150 analyses per month, according to that chemist. When that chemist brought his concerns to Dookhan’s supervisor in December of 2010, the supervisor’s explanation was that Dookhan skipped lunch breaks and brought work home.

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