Articles Posted in Drug Crimes

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The defendant was indicted by a Massachusetts Grand Jury and charged with Trafficking Cocaine over 28 Grams. He was also charged with a School Zone Violation. A Motion to Suppress was filed and argued. It was initially allowed and then denied, an unusual set of circumstances to say the least. Certificates of analysis were admitted against the defendant as proof that the substance found by the police was in fact cocaine. The defendant objected to proof made by such means complaining that his right to Confrontation under the Sixth Amendment to the United States Constitution was violated. On appeal the defendant argued that the United States Supreme Court’s recent decision in Melendez–Diaz v. Massachusetts, 129 S.Ct. 2527 (2009) prohibits proof by such means, notwithstanding that that case has prospective application. The Massachusetts Appeals Court held that the admission of such evidence was not harmless beyond a reasonable doubt where the officers who testified were not qualified to render the opinion that the substance was in fact cocaine. Whereas there was not overwhelming evidence that the substance was cocaine the admission of the certificates of analysis could not be deemed harmless beyond a reasonable doubt.

Read Opinion: Commonwealth v. Rivas, 09-P-136, July 6, 2010.

Commonwealth v. Rivas
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This result shows the value in hiring a good Massachusetts Criminal Defense Lawyer who has experience defending Cocaine Trafficking Cases. The trial lawyer made a timely objection to the admission of the certificates of analysis even before Melendez–Diaz was decided. This preserved the defendant’s right to argue the issue on appeal. His excellent Massachusetts Criminal Appeals Lawyer was able to get him the appropriate relief.

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Anthony Done of Salem, Massachusetts was arrested yesterday. He is accused of selling marijuana to a sixteen year old boy on Harbor Street just around 6:30 in the evening. According to the police Done met up with the boy in front of a local store. Police observed what they believed to be a drug transaction. The boy then left the area and was stopped by the police. They found a bag of marijuana in his possession. Done was then approached while sitting in his car one block away from the scene. He was searched by the police. They found three bags of marijuana in his possession and a substantial amount of cash. Done has been charged with Conspiracy, Possession With the Intent to Distribute Marijuana and a School Zone Violation. The case will be prosecuted in the Salem District Court. If convicted Done faces a minimum mandatory two year sentence.

Read Article:

http://www.salemnews.com/local/x657349518/Man-arrested-after-alleged-pot-transaction

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Salem, Massachusetts Marijuana Distribution Defense Lawyer

These cases often present difficult challenges for the prosecution. The sixteen year old boy (buyer) will probably be charged with Possession of Marijuana thereby making him unavailable as a witness to the prosecution. Even if he is not charged it is unlikely that he will testify against Done in that he has a privilege against self-incrimination. Most lawyers would tell him to say nothing and to invoke his privilege if called by the district attorney to testify. Done will challenge the legality of the stop, Search and Seizure. He will argue that the police officers’ observations did not give them the right to stop him and search him. The strength of this challenge changes if the boy told the officers that Done sold him drugs. Still however Done may be able to prevail at trial. The accuracy of the officer’s testimony can usually be challenged. It is difficult to see what if anything was passed between people unless the observer is right on top of the activity. Viewing someone passing an object from a distance does not mean that the observer can identify the object passed. During trials lawyers often hold up objects from a distance closer than what they reported at the time of arrest and ask the testifying officers to identify what they are holding. When they cannot identify the object it shows the jury that they probably were unable to see what the defendant passed to the buyer.

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Massachusetts police arrested Cynthia Lorenz of Minnesota Sunday and charged her with Carrying a Firearm, Improper Storage of a Firearm and Possession With the Intent to Distribute Marijuana. According to the Salem News, Lorenz was at the Extended Stay America Hotel in Danvers, Massachusetts. On Sunday morning her fourteen year old son called 911, complaining about his mother’s behavior and indicating that she had a gun. Responding officers apprehended Lorenz and searched her hotel room. They found a loaded .25 caliber handgun and two ounces of marijuana and a significant amount of cash, over five thousand dollars. The police then obtained a search warrant. During the execution of the search warrant officers located about thirty two thousand dollars of gold coins. Bail was set in the amount of two hundred thousand dollars. The case is pending in the Salem, Massachusetts District Court. It is likely that the case will remain in that court.

Read Article:

http://www.salemnews.com/local/x1703942868/Police-find-drugs-guns-and-gold-in-moms-motel-room

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Salem, Massachusetts Firearms Violations Defense Lawyer
Often times people from other states carry or possess firearms in Massachusetts believing in good faith that they are not breaking the law. This most often occurs when the person has the legal right to own, possess or carry a firearm in his or her state and they are traveling to or through Massachusetts. The problem with this is that the Massachusetts gun laws apply to anyone Carrying a Firearm in Massachusetts. If not properly represented the defendant faces a mandatory minimum eighteen months in jail. In cases like this our office typically takes a couple of approaches to defending the accused. One is to fight the case. By this I mean file Motions to Suppress, Motions to Dismiss or even try the case to a judge or a jury. Another way is to try to get the prosecution to appreciate that the accused had no intention to violate the Massachusetts Gun Laws but rather was acting in accordance with what he or she believed was lawful conduct. Many times the district attorney will recognize the mistake and afford the defendant the opportunity to resolve the case in a way that will not require jail time or not even leave him or her with a criminal record.

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The Metrowest Daily News reports that following a lengthy investigation Framingham, Massachusetts police have arrested Brenton Ford and charged him with Cocaine related offenses. Using a confidential informant the police arranged four controlled purchases of cocaine from the defendant. There is an allegation that Ford used the services of a juvenile to assist with the cocaine sales. The article is not specific as to how Ford used the minor. Ford has been charged with Enticing a Minor to Distribute Drugs, Possession With the Intent to Distribute Cocaine and Conspiracy. Bail was set at twenty thousand dollars in the Framingham District Court. Given that a minor was used to facilitate these transactions and Ford has a prior conviction for Distributing Cocaine it is likely that this case will be indicted and prosecuted in the Middlesex Superior Court in Woburn.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x2071995372/Framingham-man-charged-with-having-boy-help-him-sell-crack

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Framingham Cocaine Distribution Defense Lawyer

Massachusetts General Laws Chapter 94C Section 32K states that anyone who induces a minor (someone under the age of eighteen) to distribute drugs shall be punished by a minimum mandatory five year state prison sentence. The district attorney must prove beyond a reasonable doubt that the defendant knew the person was under the age of eighteen, that the defendant agreed with the minor to assist with the distribution of the drug and that the minor dispensed the substance. It appears from this article that the district attorney will need the minor to testify to prove his or her case. Prosecutors try to avoid having young people testify whenever possible. If that is the situation here then perhaps that charge will be dismissed, particularly where Ford faces at least five years on the other charges.

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Authorities allege that Jesse Pritchard of Framingham sold Heroin to a confidential informant on two occasions, the last being this past Friday. Pritchard was arrested and charged with Trafficking Heroin and a School Zone Violation. Armed with a search warrant police located nearly twenty bags of heroin. Pritchard was concealing some heroin in his hand at the time of his arrest. The total weight of the drugs was seventeen grams. Bail was set in the amount of ten thousand dollars. The judge cited several convictions and jail sentences as reasons for the amount of bail. Pritchard will be held in the Cambridge Jail pending trial.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x2071993796/Framingham-man-arrested-for-heroin-trafficking-says-drugs-were-for-himself

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Framingham Heroin Trafficking, School Zone Violation Defense Lawyer

In arguing for a lower bail the lawyer defending Pritchard stated that the majority of the drugs were for personal use, not for distribution and that any sales were for the purpose of supporting his habit. While this might be true it does not serve as a valid defense for any charge of Distributing Heroin in a School Zone. It might serve as a defense to Trafficking Heroin in that a Skilled Massachusetts Criminal Defense Attorney will argue that less than the trafficking threshold was possessed for the purpose of distribution. If successful this will get Pritchard out from under the minimum mandatory sentence of five years in state prison.

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Jonathan Wood of Groveland, Massachusetts is facing charges in Haverhill of Distribution of Marijuana, Possession With the Intent to Distribute Heroin and another charge. According to reports in the Lawrence Eagle Tribune police had engaged in several undercover buys of drugs during the last month. They had apparently been tipped off by neighbors who complained about suspicious activity involving Wood and the home. Last Friday police obtained a warrant to search Wood’s home. They found several marijuana plants growing in the home as well as some lamps and timers. Wood was found in bed at the time of the search. His roomate, Tor Larson is also being charged with Cultivating Marijuana. Reports that Woods’ home would contain a firearm proved false.

Read Article:

http://www.eagletribune.com/haverhill/x1358977018/Police-Man-grew-pot-in-home

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Haverhill Heroin and Marijuana Charge Defense Lawyer
Both Wood and Larson have some problems right. The charges against them are serious. Wood at a minimum has to defend against felony charges. If neither of these men have criminal records an Experienced Massachusetts Criminal Defense Lawyer might succeed in getting the case resolved in a way where they still have no record. One way of doing this is to get the judge or district attorney to agree to continuing the case without a finding. Lucky for both of these individuals the home was not within one thousand feet of a school zone. Had it been they might be looking at a minimum mandatory two year sentence.

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Last Wednesday Boston Police were conducting a search when they observed a man subsequently identified as Edgar Gonzalez fleeing from a building. Police then grabbed Gonzalez. They noticed that the door to his apartment was opened. The police then learned that Gonzalez had a pending Immigration Order pending against him. As a consequence Gonzalez was arrested and a “protective sweep” of his apartment was conducted. Officers found Marijuana and some drug paraphernalia. They then obtained a Search Warrant. The search revealed over two thousand pounds of marijuana. Bail has been set at one million dollars. Gonzalez is being charged with Trafficking Marijuana in the Dorchester District Court. This case will be indicted to the Suffolk County Superior Court where it will ultimately be prosecuted.

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Boston Massachusetts Marijuana Trafficking Defense Law Firm

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Marijuana Trafficking Defense Lawyer In Massachusetts

The penalty for a conviction for Trafficking Marijuana in Massachusetts over 2,000 Pounds is a five year minimum mandatory sentence. Depending on how close to 2,000 pounds the actual weight lies Gonzalez might be able to negotiate a resolution to a lesser weight and plead guilty to a lower sentence. That however assumes he has no defenses to this case. From the article it appears that the police might have had no reason to stop him. It also might be the case that they had no legal right to search his apartment. Depending on the location of the apartment there might be security or surveillance cameras confirming or contradicting the police suggestion that the apartment door was opened. Gonzalez’ Massachussetts Criminal Lawyer will no doubt investigate these issues and zealously defend him.

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In early May of this year police in Southeastern Massachusetts seized about one half million dollars in drugs, cars and money that they attribute to a Drug Distribution ring in that part of the state. According to the Brockton Enterprise police learned that Christopher Witt of Middleboro was Selling Marijuana and other drugs from his home. Controlled purchases of drugs were made with the use of informants however the “buy money” was never recovered. Witt then provided information to authorities that Jesse Texeira was his supplier. Police ultimately raided Texeira’s home and found about ten thousand dollars worth of cocaine and marijuana. Ten thousand Oxycodone pills were also seized during this investigation along with Crack Cocaine and over one hundred thousand dollars cash. Also arrested were Akili Miranda and Christiano Texeira. Miranda has been charged with Trafficking Class A and Conspiracy. Both Texeiras face the same charges as does John Washington. Witt has been charged with Possession With Intent to Distribute Class D, a School Zone Violation, Possession of a Firearm and Possession With Intent to Distribute Class C.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1218689651/Informants-helped-police-bust-alleged-pot-oxycodone-dealers-in-Middleboro-Bridgewater

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The article provides no detail as to how Christiano Texeira, Miranda and Washington have criminal involvement in this case. Perhaps they were present during when the controlled buys occurred. Maybe they were present when the search warrants were executed. There presence alone however does not ensure a conviction. Massachusetts law makes clear that being present at the scene of a crime with nothing more does not rise to the level of criminal activity. There must be something showing an affirmative involvement in the crime for the case to survive. As to Jesse Texeira the district attorney’s case will likely rest on the strength of the search warrant. A Good Massachusetts Criminal Defense Attorney will try to find ways to attack the constitutionality of the search in hopes of getting the search suppressed. No matter what the allegations there are always defenses to criminal charges.

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The Waltham News Tribune reports that Justina Morin of Adams Street has been charged with Possession of Cocaine and Possession With the Intent to Distribute Cocaine. According to the police, last Thursday Morin sold about three and one half grams to an undercover officer. Morin texted the officer and made arrangements to meet him at a specified location for the purpose of selling cocaine to him. This was not the first time Morin sold to this officer. On April 8, 2010 she allegedly sold him one hundred dollars worth of cocaine at a Dunkin’ Donuts parking lot on Main Street. Morin has been released on personal recognizance. The case will likely be prosecuted in the Waltham District Court.

Read Article:

http://www.dailynewstribune.com/news/copsandcourts/x1773732506/Waltham-woman-accused-of-selling-cocaine

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Waltham, Massachusetts Cocaine Sales Defense Lawyer

Hand to hand sales to undercover police officers can be difficult to defend. A typical defense in cases like this is entrapment. Most people think that police officers acting in an undercover capacity give rise to an entrapment defense. It does not. Rather, to prevail under this theory it must be established that the defendant was not predisposed to dealing drugs and that the undercover police pressured him or her in a way that overcame their will not to sell drugs. Even the most Experienced Massachusetts Drug Crimes Defense Lawyers find difficulty in successfully presenting entrapment defenses.

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A Lynn, Massachusetts police officer who was on Essex Street observed a car with five people traveling near him. He detected an odor of marijuana coming from the car. He followed the car and noticed that it did not have an inspection sticker. He pulled it over and questioned the driver, Toniea Coleman. Coleman was told that she was being stopped due to the odor of marijuana. All occupants were asked to get out of the car. Once they did they were searched. One of the passengers, Kerlin Aubourg had a large amount of cash in his possession. The rear passengers, Andre Sanders, Ali McMillan and Tyla Monteiro were taken from the car. Sanders was found to be in possession of marijuana. Monteiro was found in possession of marijuana. There were open containers of alcohol in the car. A loaded firearm was found in the trunk of the car. Seven grams of crack were found in the car as well. Authorities allege that Monteiro admitted that the gun belonged to him. He has been charged with Possession With Intent to Distribute Class B, School Zone Violation, Possession of Ammunition and Possession of a Firearm. Monteiro was also found in possession of additional crack cocaine. The others face the same charges. Aubourg is from Malden, the rest are from Lynn.

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Lynn, Massachusetts Drug Possession, Distribution, School Zone, Firearm Lawyer

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Search and Seizure Lawyers In Massachusetts

Since the new marijuana laws went into effect there has been a considerable amount of litigation centering on what now constitutes a lawful stop when police officers smell marijuana. Possession of one ounce or less of marijuana is no longer a crime in Massachusetts. It is a civil infraction punishable by a fine of one hundred dollars. Thus, the question now is what right do police officers have to stop a car simply because they smell marijuana. Police must have a reasonable suspicion to stop a car and question its occupants. The officers must have specific and articulable facts that the people committed a crime. Here, it is questionable as to whether or not an officer can truly smell burning marijuana in a traveling vehicle. Supporting that contention is the absence of any evidence showing that marijuana had in fact been smoked. Also in this case there were five people involved. The article does not make clear who the officer suspected of criminal activity. It is unlikely that this stop will survive constitutional scrutiny as to all defendants, particularly if all defendants Hire an Experienced Massachusetts Criminal Lawyer.

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