Articles Posted in Drug Crimes

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DEA agents along with Lawrence, Massachusetts police officers raided Richard Cruz’s home yesterday after obtaining a Search Warrant. The home located at 2 Inman Street was searched while Cruz was present. In a bedroom in the apartment officers located about twenty grams of heroin, a loaded Firearm and assorted Drug Paraphernalia. Cruz was found in possession of nearly one thousand dollars cash. Right now Cruz stands charged with Trafficking Heroin in Excess of 14 Grams and Possession of a Firearm. The case is pending in the Lawrence District Court. It is expected that this case will be prosecuted in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x789956562/Heroin-handgun-seized-in-Lawrence-raid#

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As with any drug case that involves Search and Seizure issues Massachusetts Criminal Defense Lawyers need to review the Search Warrant to determine whether there exists a violation of the defendant’s constitutional rights. Successful challenges to the issuance of a search warrant typically result in the dismissal of drug cases. Our office looks hard at the warrant, application, return and supporting affidavit on every drug we defend. For over twenty years we have found innumerable defects in these documents. Our attacks on these flaws have secured freedom and justice for our clients on numerous occasions. We believe that there is a defense to every case and we are always prepared to fight for your rights.

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Saugus police officers and other law enforcement officials received a tip from an informant complaining that a man was selling Percocets from his home on Perullo Lane. Following up on the tip the police arranged for a controlled buy utilizing the informant. Last Friday this person went to the home of Christopher Albert Troisi, the defendant. At that time he purchased several pills. Five days later a similar arrangement was made. Detectives then went to Troisi’s home. Troisi attempted to flee. The defendant’s car and home were searched. Inside officers located more percocet pills, cocaine, drug paraphernalia and cash marked for the controlled buy. Troisi is facing charges of Possession With the Intent to Distribute a Class B substance, Possession of a Class B substance and a School Zone Violation. Bail was set at twenty five thousand dollars. The case is pending in the Lynn District Court.

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http://www.thedailyitemoflynn.com/articles/2011/02/11/news/news08.txt
Saugus Massachusetts Drug Crimes Defense Lawyer

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If this article is accurate some of the charges against Troisi might not stand unless the informant agrees to testify. Law enforcement officials including the district attorneys office try to protect informants identities and orchestrate their prosecutions in ways the do not necessitate the informant’s disclosure or testimony. When this effort fails the charges against the accused often get reduced to encourage a plea bargain. Sometimes prosecutors even agree to dismiss the charges. It is important for Troisi to seek and hire a Massachusetts Criminal Defense Lawyer who understands informant issues and is skilled at Suppression Issues.

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Duane Collins of Lynn, Massachusetts was arrested and convicted for Cocaine Trafficking in 2008. He was sentenced to five and one half to seven years. His conviction was reversed in 2009 following a landmark United States Supreme Court case that requires the district attorney to call chemists to prove that a substance is in fact a controlled substance. Prior to that case the prosecution could simply present a certificate of analysis to show that a substance was an illegal drug. Following that ruling Collins’ lawyer was able to negotiate a deal where he would serve three years only and get credit for time served. That deal may no longer be available however since Collins was just arrested for another cocaine charge. Apparently, after a Motor Vehicle stop police found over an ounce of cocaine in a cooler in Collins’ car. His bail has been revoked.

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http://www.salemnews.com/local/x2072622012/Man-about-to-be-sentenced-in-coke-case-busted-again#

Lynn Massachusetts Drug Trafficking Defense Lawyer

Massachusetts General Laws Chapter 276 Section 58B gives a judge the authority to hold someone without bail, who, while released on bail gets arrested for another crime. The statute gives the accused the right to a hearing to argue bail. The statute also permits a judge to have the individual held for up to ninety days. It becomes critical that the Massachusetts Criminal Defense Lawyer arguing for bail under these circumstances is familiar with this statute. Collins’ lawyer is excellent and experienced and according to the article made a strong request for bail. His lawyer also did a great job negotiating a reduction in his sentence.

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According to reports in the Lawrence Eagle Tribune DEA agents working our of New Bedford had been investigating a Heroin Trafficking ring involving individuals from Lawrence. One of the members was arrested with eighty five grams of heroin. As a result a Search Warrant issued for an apartment on Union Street in Lawrence. An informant told the police that he had purchased at that apartment. This individual reported that he would arrive at the apartment and one the occupants would go out and return shortly with the heroin. During the search an individual questioned by the police indicated that he lived in another apartment down the hall. He apparently consented to a search of that unit. During the search officers found over five kilograms of heroin. The estimated street value of the substance is over three million dollars. In all the police located and arrested six individuals. All were charged with Trafficking Over 200 Grams of Heroin. The case will be prosecuted in the Essex County Superior Court in Salem. Bail for each was set at five hundred thousand dollars. The defendants have been identified as Victor Guerrero Santana, Francisco Rivera, Jose Pizarro, Oveido Lopez, Luis Gonzalez and Elvin Ruiz.

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Lawrence Massachusetts Drug Trafficking Defense Lawyer

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Charging everyone present at the scene of a large drug bust is a common yet flawed law enforcement tactic. The article suggests that some of the defendants were at best “present only”. In the past I have blogged on this issue. Presence alone is not enough to sustain a prosecution for drug offenses. There must be some criminal activity in which the accused is involved and there must be an intent on that person’s part to engage in or assist with the criminal act. When looking at this article it is difficult to ascertain who is responsible for what, if anything. An Experienced Massachusetts Drug Defense Lawyer will attack the arrests and charges and perhaps in some cases obtain a dismissal for one or more of these defendants.

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Armando Rodriguez of Brockton, Massachusetts lives on Hermon Street in a single family home. Last Friday night, armed with a Search Warrant several police officers stormed his home. They found him in a second floor bedroom. Police obtained the warrant after neighbors complained about high volume foot traffic in the home at all hours of the day and night. Following up on the tip law enforcement officials conducted surveillance. They were able to confirm the complaints of the neighbors. During the search officers found fifty two grams of cocaine. Rodriguez has been charged with Trafficking Cocaine.

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http://www.enterprisenews.com/news/cops_and_courts/x1486248365/Brockton-neighbors-tip-off-police-leading-to-cocaine-arrest

Brockton Cocaine Trafficking Defense Law Firm

This article says nothing about what information the police had that supported their affidavit in support of the search warrant. Certainly high volume foot traffic with nothing more will not support this issuance of a search warrant. The observations of the neighbors do not give rise to probable cause alone either. It is unlikely that the observations of both viewed collectively without more are legally sufficient to withstand a challenge to the issuance of the search warrant. Massachusetts courts have held that the affidavit in support of the application for the search warrant must provide a substantial basis for concluding that evidence connected to the crime will be found on the premises. While such facts might have been presented to the magistrate or judge who issued the warrant there is nothing reported here that indicates that to be the case.

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Police in Marlborough, Massachusetts searched the home of Konstantin Berger Tuesday after obtaining a Search Warrant. Once inside officers located an assortment of prescription drugs and some marijuana. They also found some cash and packaging agents along with a canister of mace. Berger stands charged with Possession With Intent to Distribute Drugs and Conspiracy. He is also facing a Firearm Charge.

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http://www.metrowestdailynews.com/news/police_and_fire/x1097218331/Marlborough-man-arrested-on-drug-charges

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Marlborough, Massachusetts Drug Crimes Defense Lawyer

Massachusetts General Laws Chapter 269 Section 10(h) makes it a crime to possess ammunition. The crime is a misdemeanor punishable by up to two years in the house of correction. “Ammunition” as defined by G.L. c. 140 Section 121 included mace. The proof against Berger is not set out in this article. As with all Search Warrant cases obtaining a conviction depends on where the contraband was found and the links if any of the defendant to the substance. If for instance Berger had roommates and the substances were found in their rooms or clothing proving him guilty of these offenses would be far more difficult that if he had been hovering over the drugs and ammunition when the officers executed the search warrant. It appears that someone other than Berger was present in that the crime of Conspiracy was charged. The law requires more than one person to sustain a prosecution for conspiracy. The defenses in cases like this one are countless.

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Lynn, Massachusetts police responded to a supermarket after receiving a report of alleged criminal activity. They arrived to find Maria Rios of in a bathroom, crying. She complained that her boyfriend, Hector Diaz accused her of doing drugs and punching her in her while riding in Diaz’s car. Rios was uncooperative with the police. However, while at the police station, Diaz arrived with cuts on his neck and face. He was bleeding. Diaz claimed that it was Rios who threw the punches and caused his injuries. Both Diaz and Rios were arrested. They have been charged with Domestic Assault and Battery. The case will be prosecuted in the Lynn District Court.

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Lynn Massachusetts Domestic Violence Defense Lawyer

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Cases like this one are often easy to defend. In Domestic Assault and Battery matters identifying the culpable party can be hard to determine. Initially, one of the parties will report being assaulted by the other. Sometimes the accused will file a cross-application for a complaint claiming that he or she was the victim. If there are not witnesses to the alleged crime than the prosecution might not know who to prosecute. By the time the case is set for trial both parties are apt to invoke their Fifth Amendment privilege assuming the privilege is available. At this point the prosecution will be unable to proceed and the case or cases will be dismissed. In this case both Rios and Diaz have a privilege against self-incrimination. Their Massachusetts Criminal Lawyers will probably have them invoke their respective privileges and the cases against both will be dismissed.

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On Saturday Lynn, Massachusetts police responded to a call complaining of noise at an apartment on Common Street. Hearing the loud music, the officers went to the door of the home. They smelled a strong odor of marijuana. They knocked on the door. Someone opened the door. Two of the individuals Nelson Joel Irizary-Alvarado and Henry Ocasio were found in another room. Both seemed nervous. Officers searched the room and found a large quantity of heroin, about ninety four grams total. The officers searched under the bed and found a gun. Both of the defendants are being charged with Trafficking Over 28 Grams of Heroin, a School Zone Violation, Carrying a Firearm and Possession of Ammunition. This case will be prosecuted in the Essex County Superior Court in Salem.

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Salem Massachusetts Drug Trafficking Defense Lawyer

Since the passing of the New Marijuana Laws in Massachusetts the issue of Illegal Search and Seizure is constantly being litigated. Possession and use of small quantities is no longer considered a criminal act in Massachusetts. A fine may be imposed. Thus, the contention is that the odor of marijuana is not suggestive of criminal activity. Why then in this case did the Lynn Police enter the home. There was no reason to do so. There was certainly no reason to search the property once they did in fact enter. It is highly unlikely that Alvarado or Ocasio consented to the entry and search. Remember, if the search is found to be unconstitutional then the evidence seized will be suppressed. That will effectively end the prosecution.

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This past weekend Brockton, Massachusetts police attempted to pull Dana Tate over for alleged Motor Vehicle Violations. An officer began speaking with
Tate who suddenly took off. A chase ensued. Tate crashed his vehicle into a tree and a snow bank. He then took off as on foot as did his passenger, Dwayne Douglas who is from Dorchester. In the course of their pursuit police located a firearm and twenty six grams of cocaine that had apparently been tossed. Officers also found over three thousand dollars cash in the car. Both men were arrested. They have been charged with Trafficking Cocaine, Illegal Possession of a Large Capacity Firearm, Possession of Ammunition and a School Zone Violation.

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http://www.enterprisenews.com/news/cops_and_courts/x1260129839/Two-charged-in-Brockton-with-cocaine-trafficking-and-gun-violations

Brockton Massachusetts Cocaine Trafficking Defense Lawyer

The starting point for a defense investigation in this case is the legality of the initial stop. The article states that Tate was suspected for having committed Motor Vehicle Violations. What were these if any? What right did the officers have to stop the vehicle? What did they ask Tate initially or more importantly what did they do during the initial stop? Finally, were there any independent witnesses to the stop. Next, where were the drugs found? What links these defendants to the drugs? Were there any prints on the drugs? Who tossed the drugs? Who witnessed this? The same analysis applies to the gun. Finally, did the defendants admit to anything. The answers to these questions and questions like these usually provide a basis for a defense in a criminal case.

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Police in Marlborough, Massachusetts had information that Robert Barberio of Leominster, Massachusetts was selling heroin and had some in his possession. Consquently, officers pulled his car over and conducted a search. They found Barberio in possession of several hundred dollars. Barberio’s passenger, Darlene Tabor was searched as well. In her pocketbook officers found eight small bags of heroin. Both were arrested. At the station police found three more bags of heroin on Barberio. The two have been charged with Possession With Intent to Distribute Heroin, Class A, a School Zone Violation and Possession of Heroin. This is Barberio’s Second Heroin Possession Offense.

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http://www.metrowestdailynews.com/news/police_and_fire/x1401026797/Two-arrested-on-heroin-charges-in-Marlborough

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One crime on which we rarely blog is the crime of Possession of Heroin, Second and Subsequent Offense. This is a felony in Massachusetts. The law states that anyone who has a conviction for Possession of Heroin and is convicted for a second and subsequent Possession of Heroin is to be imprisoned for up to five years. This crime is treated more severely than possession cases involving other drugs. This case might not go that far however. There is no indication from this article that the police had adequate probable cause to stop the vehicle and conduct a search. Even if they did, I question their right to arrest Barberio. Probable cause to arrest him cannot be based on the discovery of heroin on Tabor. Additionally, the search of her pocketbook is suspect as well. No doubt a Motion to Suppress will be pursued in this case.

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