Articles Posted in Drug Crimes

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Karen Morla Ramos is from the Domincan Republic. She was flying on JetBlue and questioned at a border checkpoint. Law Enforcement officers became concerned about the candor of her responses and conducted a pat down search. They found Ramos concealing cocaine in something resembling a diaper. The amount of cocaine in her possession exceeded one thousand grams. Ramos now stands charged with Trafficking Cocaine Over Two Hundred Grams. If convicted she will have to serve a fifteen year mandatory minimum sentence. She is currently being held on ten thousand dollars cash bail.

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http://www.eagletribune.com/local/x1332407614/Police-charge-woman-had-coke-in-diaper#

East Boston Cocaine Trafficking Defense Lawyer

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Drug smuggling takes on many forms throughout Massachusetts and the entire country. An article on http://investigation.discovery.com/investigation/drug-mules/smuggling-slideshow.html discusses several methods of smuggling drugs. One involves swallowing the substance which is sealed in a balloon or condom. The smuggler or “mule” then takes laxatives to get the drug out of his or her body. This can be dangerous particularly if the balloon breaks. Sometimes drugs are smuggled in computers. Bras have been filled with drugs. Drugs have been stuffed into animals and bugs. Other people smuggle drugs through soles of shoes. Children are used to carry drugs through airports as well.

Ramos’ method for cocaine smuggling is somewhat unique. It appears that her best chance for success in her defense is a challenge to the airport search. Two questions must be addressed when deciding this issue. First, was Ramos free to leave. Second, if Ramos was not free to leave, did the police have reasonable grounds for suspicion, which would put their conduct in the clear. Ramos’ fight will be a tough one for her Massachusetts Criminal Defense Lawyer.

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Jason Cavooto was arrested in December of 2010 after a Search Warrant was executed at his home in Marlborough, Massachusetts. During the search the police found a methamphetamine lab in a shed on Cavooto’s property. They also located a loaded Firearm in his house. It is alleged that Cavooto had been running the lab for around a year. Items associated with the manufacture of the drug were also found during the search.

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http://www.metrowestdailynews.com/news/police_and_fire/x1840140179/Marlborough-meth-suspects-case-headed-to-grand-jury

Meth Labs in Massachusetts

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Methamphetamine Labs in Massachusetts are extremely uncommon. The Drug Enforcement Administration (DEA) website reports that between the years of 2004 and 2010 twenty two meth labs were identified in Massachusetts. This is a relatively small number when compared to California which had one hundred seventy such labs in 2010 or Oklahoma which had two hundred nineteen the same year. Meth labs are extremely hazardous. Waste cleanup is a major undertaking once a lab has been identified and seized. Houses that are used a meth labs are often condemned and torn down. Recognizing meth labs is not easy for the average person. These labs are fond in campers, barns, sheds, houses, motel rooms and beds of pick-up trucks. They are often in residential neighborhoods. Meth labs have strong odors often mistaken for cat urine. Household products are used to make the product. These items include paint thinner, gasoline, freon, ether, drano, battery acid, cold tablets, propane cylinders, hot plates, diet aids and more. Because of its addicting quality and the environment damage associated with this drug the penalties for a conviction of Methamphetamine Crimes in Massachusetts can be very severe.

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According to a report in the Boston Globe heroin is the most popular drug being sold on the streets north of Boston. Over four hundred fifty thousand “units” of Heroin were seized in that area last year. Cocaine was the second largest seller followed by Marijuana, Percocets and OxyContin. Heroin Dealers in Lynn, Massachusetts serve most of the Essex County while Heroin Dealers in Lawrence, Massachusetts target Maine and New Hampshire. Heroin might be the cheapest drug on the streets of Massachusetts right now. The article claims that most of the heroin is being imported from Mexico. It is often distributed by local and national gangs.

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http://www.boston.com/news/local/articles/2011/03/20/heroin_tops_drug_use_in_lawrence_lowell_task_force_head_says/

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Massachusetts Heroin Trafficking Defense Lawyer

Reports suggest that there exist at least seven, possibly eight drug cartels in Mexico. They have essentially consolidated into two rival alliances while attempting to maintain their independence as organizations. Mexico produces a very small percentage of the world’s however it is a major supplier to the United States. The cartels have recently formed relationships with street gangs and prison gangs to improve and enlarge their trafficking networks. The cartel control over their activities in Mexico has been increased through intimidating and corrupting their law enforcement officials. There is some suggestion that the demise of Colombian Cocaine cartels over ten years ago has contributed to the rise in Mexican drug trafficking activities.

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Just under a month ago police from Lawrence and Methuen Massachusetts along with the FBI started an investigation after an FBI informant made a significant disclosure to authorities. Supposedly, Tony Diaz was offering free drugs to the informant. In return Diaz expected the man to kill someone who had been skimming drugs. With this information meetings with this informant and another were held with Diaz and under police monitoring. It is alleged that during these meetings Diaz gave the informants Cocaine and Heroin. Diaz told the informants that the target had stolen over one hundred grams. It is further alleged that during the final meeting Diaz gave the informant a loaded .38 caliber revolver with instructions to shoot the target in the face. Diaz denied the allegations during a post-arrest interrogation. He has been charged in the Federal District Court for the District of Massachusetts.

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http://www.eagletribune.com/local/x740871448/FBI-arrests-Lawrence-man-in-murder-for-hire-scheme#

Massachusetts Federal Criminal Defense Lawyer

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The crime of murder-for-hire in federal court is codified under 18 U.S.C. §1958. The law states that anyone who uses interstate facilities with the intent to commit a murder for money or other compensation shall be punished. The prosecution must prove that the defendant used or caused someone else to use the interstate facility (here the use of cell phones) with the intent that the murder be committed. In a case like this the informants will have to testify unless the conversations were recorded. It would be interesting to hear exactly is on those recordings particularly where Diaz denied the murder-for-hire charge but admitted to Drug Distribution and Possession of the Firearm.

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Members of the Seekonk, Massachusetts Police Department executed a Search Warrant at 79 Back Street last Thursday. As a result, five people were arrested and charged with various Drug Offenses. Specifically, according to EastBayRI.com charges of Possession With Intent to Distribute Class D and Conspiracy to Violate the Controlled Substances Laws were filed in the Taunton District Court. Another source claims that the issuance of the Search Warrant came on the heels of a two month investigation. A third source states that one of the accused is charged with Possession of Crack Cocaine, others with Distribution of Marijuana. In all twenty two bags of marijuana were found during the search of the home.

Read Articles:

http://www.wpri.com/dpp/news/local_news/5-people-charged-in-seekonk-drug-case

http://www.tauntongazette.com/archive/x868520198/Five-arrested-in-pot-bust-in-Seekonk#ixzz1G849ZuX6

Boston Marijuana Cultivation Lawyer

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In these articles there is little information about how the police knew that marijuana was being grown in this home. From the charges that issued it appears that at least one of the defendants sold to an informant or an undercover police officer. There are however other ways to detect houses where marijuana is grown. Unusually high electric bills are often an indicator. Grow lights use a tremendous amount of electricity. Windows covered with dark plastic or heavy curtains sometimes indicate illicit activity. Condensation on windows is associated with marijuana cultivation. The humming of grow lights or rooms lighted twenty four hours per day might also signify the presence of this activity. There are of course innocent explanations that might account for the existence of these factors thereby making it extremely important that anyone charged with a Crime in Massachusetts contact an Experienced Massachusetts Criminal Defense Lawyer.

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Late last week a Massachusetts State Police Officer was on patrol on Route 138 in Raynham. At around 1:00 p.m. he observed a car following a pick up truck too closely, a violation of 720 Code of Massachusetts Regulation (CMR) 9.06(7). The trooper stopped the car and immediately smelled marijuana. He then saw a plastic bag containing marijuana in the center console. The passenger, Alexander Torres, eighteen from Brockton was asked what was in the bag. Torres responded that the drugs were his. There were five passengers in the car. One of them appeared to be shaking. All of them were ordered out of the car. The car was searched. The officer found several more bags of marijuana. Underneath the passenger seat the trooper found a loaded firearm. Torres accepted responsibility for the gun as well. The driver was cited for the Motor Vehicle Violation. Torres has been charged with Possession of a Firearm and Possession of Marijuana.

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http://www.enterprisenews.com/news/cops_and_courts/x1073915927/Brockton-man-arrested-on-gun-drug-charges-after-traffic-stop#axzz1FvJHyFQc

In the past I have commented that Possession of Marijuana in Massachusetts is not a crime if the amount possessed is less than an ounce. It follows that stopping a car and finding marijuana in the car does not automatically give law enforcement the right to conduct a Search of the car. The constitutional protections associated with Searches and Seizures in my opinion strengthen in these situations. In the past in certain instances the police would have been warranted to search when they observed marijuana in plain view after making a lawful motor vehicle stop. That all changed with the decriminalization of small quantities of marijuana. There must now be more to justify a search after making such a cursory observation. The article does not convince me that this search was permissible. Torres might have a shot at suppressing the evidence seized if his Massachusetts Criminal Drug Crimes Defense Lawyer can argue an Unlawful Search and Seizure occurred.

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Massachusetts Rule of Criminal Procedure 7(a)(2) allows a defendant who has been summonsed for arraignment and who has retained a lawyer to be excused from appearing at his or her arraignment. To avail oneself of this rule the attorney must enter an appearance prior to the return date and state in that appearance that this matter has been discussed with the defendant and that the case be scheduled for pretrial or some other proceeding. The rule applies to misdemeanors and felonies alike. There is a proposal pending that would eliminate the process altogether and require the presence of all defendants at arraignment.

Proponents of the amendment to the rule state that a defendant’s absence from arraignment creates certain safety concerns. For example, a defendant cannot receive a bail revocation warning or an order to stay away from a victim. Nor for that matter would the defendant be present for the setting of conditions of bail. Advocates of the “new rule” ignore some critical points. The current version of the rule works. It contemplates the attorney telling his client when to return to court. Consistent with this obligation the judge at arraignment could simply order the attorney to advise the defendant of any bail conditions, stay orders or bail revocation warnings should any of these circumstances present themselves.

As a Massachusetts Criminal Defense Lawyer who represents countless people living out of state I find the Rule 7(a)(2) necessary. We get calls from clients summonsed for Assault and Battery Cases, Motor Vehicle Crimes, Drug Crimes and more who are often unable to get to court on short notice for an arraignment. Many of these clients were unaware that criminal process was going to issue particularly in instances where the police were not involved. Rule 7(a)(2) enables us to go into court for our clients, have them arraigned in absentia and schedule a date convenient for a resolution of their case. This also gives us time to educate the district attorney about the nature of the allegations and negotiate a resolution with minimal court appearances.

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Acting on a tip police officers from Beverly, Danvers and Ipswich, Massachusetts looked into some suspected drug activity in Rowley, a small Boston suburb. The information they had directed them to a particular vehicle on Leslie Road. As the investigation progressed officers noticed another vehicle driving past Leslie Road on multiple occasions slowly. Officers then observed that the inspection sticker on this car had expired. The car was stopped. Officers claim to have seen a small bag of heroin on the floor. Accordingly they conducted a search of the vehicle. They found over thirty five grams of heroin along with some drug trafficking paraphernalia. The driver, Wilkins Diaz of Lawrence was arrested and charged with Trafficking Heroin and a School Zone Violation. The driver of the other vehicle, Argelia Rodriguez has been charged with Conspiracy. Diaz is being held on twenty five thousand dollars cash bail.

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http://www.eagletribune.com/local/x1709532913/Lawrence-man-held-on-heroin-trafficking-charge#

Newburyport Criminal Defense Lawyer, Drug Crimes

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To convict someone for the crime of Conspiracy in Massachusetts the district attorney must prove the existence of an illegal agreement and participation with the knowledge of that agreement. It is a very difficult crime to prove. People charged only with Conspiracy to Violate the Drug Laws in Massachusetts stand are typically those against whom the prosecution has the least amount of evidence. Often times these charges are issued in an attempt to get the “conspirator” to cooperate against the primary offender. In most instances the conspiracy charges lack substance and are vulnerable to motions to dismiss. Other times the charges are so week that the prosecution will agree to a dismissal of the charges or a resolution that leaves the accused without a conviction for that offense.

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On October 18, 2010 Lynn Police officers responded to a report that someone was Selling Heroin at an apartment. They arrived to find a strong odor of marijuana and Modesto Cruz in the hallway of an apartment on Broad Street. Cruz saw the police and fled. He was caught. During a brief struggle police found a loaded Firearm, a knife and Marijuana. Cruz supposedly admitted that he had purchased the gun and was in the process of selling the weapon at the time the police arrived. The gun had been reported stolen from a car in Danvers. Bail was set at two thousand five hundred dollars which Cruz posted. The case is pending in the Salem Superior Court. Cruz has been charged with Felon in Possession of a Firearm.

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Lynn Massachusetts Gun Possession Defense Lawyer

So just how serious is this case? Massachusetts General Laws Chapter 269 Section 10G(a) states that anyone who has been convicted of a violent crime or serious drug offense and is subsequently caught in possession of a firearm faces a mandatory minimum three year state prison sentence. For the purposes of this statute a violent crime is defined as any crime punishable by imprisonment of at least one year and has the element of either force, threatened or otherwise, burglary or kidnapping, the use of explosives or conduct that presents a serious risk of physical injury to another. This wording of this statute is extremely broad and includes as predicates both adult and juvenile convictions.

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Framingham Police were called just before 5:00 a.m. about a fight on Essex Street. They arrived to find a woman bleeding from her head. After offering an excuse for her condition the woman changed her story. She accused Michael Young, her boyfriend of assaulting her after finding her out with another man. Young was located at his home. He was arrested at which time police found marijuana and drug paraphernalia in the home. A Search Warrant was applied for and issued. During the execution of the search warrant authorities found large quantities of drugs including over a pound of Marijuana, Ecstasy and Cocaine. Also arrested was Young’s roommate, Michael Smokler who responded to the police station at their request for questioning. Both defendants are facing charges of Possession With the Intent to Distribute Cocaine, Possession With the Intent to Distribute Ecstasy, a School Zone Violation and Conspiracy. Young faces Domestic Violence Charges as well. The case is pending in the Framingham District Court.

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http://www.metrowestdailynews.com/news/police_and_fire/x1969176517/Domestic-investigation-leads-to-drug-arrest-in-Framingham#axzz1EpifJhg1

Framingham Drug Crimes Defense Lawyer

I frequently remind readers that speaking with the police is rarely a good idea. This case seems to be a perfect example of why getting a lawyer prior to meeting with the police is the most prudent way to proceed. Smokler was not present in the morning when the police searched the apartment and arrested Young. They called him later and asked him to go down to the station for questioning. He did. The result was his arrest. I have never had a client who talked himself out of criminal charges. To the contrary, most talk themselves into trouble. If the police had probable cause to arrest Smoker after they conducted the search they would have obtained an arrest warrant and done so. I would imagine that Smokler provided the police with information during the interview that enabled them to file criminal charges against him. Had he hired a lawyer rather than speak with the police criminal charges might not have issued.

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