Articles Posted in Drug Crimes

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Around 3:00 a.m. Monday Lynn, Massachusetts police responded to a call for an Assault. The victim reported that her child’s father, Anthony Gainey knocked on her door. When she answered he pushed the door open, entered the apartment and threw her into a wall. Once she fought back Gainey pulled out a firearm, put it to her head and threatened to kill her. She screamed and Gainey left the home. He entered a vehicle in which co-defendant Keron James Franklin was seated. Police located the car and arrested the occupants, Gainey and Franklin. Franklin was found in possession of a Knife, Crack Cocaine, Percocet pills and Marijuana. He is being charged with Distribution of Class D and Distribution of Class B. Gainey is being charged with Breaking and Entering With the Intent to Commit a Felony, Assault and Battery by Means of a Dangerous Weapon and Domestic Assault and Battery.

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http://www.thedailyitemoflynn.com/articles/2010/05/11/news/news14.txt

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Domestic Violence Defense Lawyers in Massachusetts
Cases charging defendants with acts of Domestic Violence in Massachusetts can be difficult for district attorneys to prove. Take for instance this case. Gainey and the complainant had a relationship that produced a child. Issues centering on children are often emotionally charged. People say and do things that they do not mean or are not true. It is unlikely that Gainey really had a gun. If he had the presence of mind to rid himself of the weapon after this dispute it would be due to his fear that the police were looking for him. It would logically follow that Franklin would then get rid of his drugs. Gainey’s might defend this case by suggesting the complainant is lying. Absent corroboration of her story this might be a viable defense. Franklin faces a different situation. His defense will center on the legality of the Search and Seizure. Absent reasonable suspicion the police had no legal reason to frisk him. Franklin was not in any way involved in the incident at the woman’s apartment. He was simply in a car, waiting for Gainey. Absent an articulable suspicion the pat frisk might be deemed illegal and Franklin’s case could be dismissed in its entirety.

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Quincy drug unit detectives arrested Javier Vargas two days ago after he was observed engaged in a drug deal with another Massachusetts man. The location of the deal was the Crown Colony officer park, an area that has recently seen an increase in Drug Distribution activity. According to reports in the Quincy Patriot Ledger Vargas and another were seen following one another, coming to a stop side by side and engaging in suspicious activity. As the cars separated police contacted the alleged purchaser who had just injected heroin in the parking lot. This individual provided information about Vargas and was not charged with a crime. Police then located Vargas, pulled him over and searched him and his car. They located twenty eight bags of heroin. Vargas who is from West Roxbury was charged with Distribution of Heroin, Trafficking Heroin and a School Zone Violation. The case is pending in the Quincy District Court but will likely be indicted and prosecuted in the Norfolk Superior Court in Dedham.

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http://www.patriotledger.com/news/cops_and_courts/x1773729607/Surveillance-by-Quincy-police-nets-an-alleged-West-Roxbury-heroin-dealer

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Quincy and Dedham, Massachusetts Drug Trafficking Defense Lawyer

Usually in cases like this one the person who is caught buying the drugs gets charged with possession, particularly where he or she is seen injecting the drugs. This is done for a couple of reasons. First, the user or purchaser just committed a crime. Second, if charged he will Hire a Massachusetts Criminal Lawyer which will eliminate him as a potential witness in the case. As a Massachusetts Drug Trafficking Defense Lawyer I would have my investigator contact the purchaser to see if his story matched the facts related in the police report. If not this individual might be a valuable witness either at trial of to attack the validity of the Search and Seizure of Vargas.

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Linda Ricciardelli is forty three years old. She is a bus driver. She has been charged with Trafficking Heroin and Trafficking Oxycontin. She is also facing Gun Charges in the Lynn District Court stemming from the same investigation. According to the Salem News an investigation started after Ricciardelli’s neighbors made unspecified complaints to police. A series of controlled buys of drugs from Ricciardelli was conducted. Yesterday she was arrested after selling one hundred fifty eighty milligram Oxycontins to an undercover person. Ricciardelli’s home was subsequently searched. The search revealed a substantial amount of cash, heroin and Percocets. Previous undercover buys from Ricciardelli in Lynn resulted in the seizure of Firearms. Bail has been set at five thousand dollars cash. As of now Ricciardelli has been charged with Trafficking, Possession With Intent and Possession of Controlled Substances.

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http://www.salemnews.com/local/x1036628224/Woman-charged-in-sales-of-guns-opiates

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Peabody Drug Trafficking Defense Lawyer, Heroin, Oxycontin

Massachusetts Courts have stated that information establishing that a person is guilty of a crime does not necessarily constitute probable cause to search the person’s home. Similarly, probable cause to expect that drugs will be present in a home is not established by the fact that the defendant lives there. Even if the defendant drives from his home to the location of a drug transaction, and returns to his home on the transaction’s conclusion, that, with nothing more does not provide probable cause to issue a search warrant. As a Massachusetts Criminal Lawyer with Experience Defending Drug Cases I would be interested in learning more about this investigation. If Ricciardelli is able to prevail on a Motion to Suppress man of the charges against her will be dismissed.

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kidnapping.jpgMichael Holyoke of Bridgewater, Massachusetts is facing several charges involving an alleged incident of Domestic Violence against his former girlfriend. The Lynn Item reports that the woman’s neighbor contacted police after hearing a man and woman fighting with one another. The woman also asked the neighbor for help. When the police arrived the two were still verbally fighting. The woman reported to the police that Holyoke punched her in the head several times and threw her into glass shower doors in the bathroom. He then blocked her escape route and smashed her cell phone after she tried to call the police. It was also reported that the victim stabbed Holyoke in the face and neck with a steak knife. Holyoke has been charged with Kidnapping, Intimidation of a Witness, Domestic Assault and Battery and Possession of a Class C Drug. The case is pending in the Lynn District Court. The case might be prosecuted in Salem in the Essex County Superior Court. The woman had previously taken a Restraining Order out against Holyoke.

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Massachusetts Domestic Violence Defense Lawyer

This appears to be one of those cases that will remain in the District Court. Even though the charges are serious cases of this nature only get prosecuted in the Supeior Court if there was substantial physical harm to the victim or if the defendant has a lengthy criminal record and presents a serious danger to the victim or the community. The bail in this case, five hundred dollars suggests the strong possibility that the prosecution will continue in the Lynn District Court. Stab wounds suffered by the defendant might have an impact on Holyoke’s Massachusetts Criminal Lawyer’s approach to defending this case. That evidence might also be indicative of who actually was the first aggressor.

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This past Wednesday around noon members of the Bristol County Massachusetts State Police Drug Unit executed a search warrant at a third floor apartment in Fall River. During the course of the raid officers found more than five thousand Oxycodone and Suboxone pills. This was the culmination of a two month Drug Trafficking Investigation. Arrested were Jessica Crowley and Roger Levasseur. Levasseur has been identified as a Major Massachusetts Drug Trafficker. He is being charged with Conspiracy as well as Trafficking Over Two Hundred Grams of a Class A Substance. A School Zone Violation has also been added to the charges. Levasseur is facing a seventeen year minimum mandatory sentence if convicted of these crimes. Officers also located and seized over thirteen thousand dollars cash.

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http://www.heraldnews.com/police_and_fire/x1520939839/Fall-River-police-arrest-pair-seize-5-000-pills

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Massachusetts Drug Trafficking Defense Lawyer

Where two or more people are present during the course of the execution of a search warrant the question jurors always ask is “whose drugs are these?”. The prosecution often tries to say that they belonged to everybody and that all of the people present were either principles or joint venturers in the illicit drug activity. Massachusetts law makes clear however that being “present only” is not grounds for a conviction. Many cases against people who were simply at or near the scene of a crime get dismissed. Others are rejected by juries and the defendants get acquitted. If you are charged for a Drug Crime in Massachusetts there are countless legal and factual ways to defend against the accusations. By Hiring an Experienced Massachusetts Drug Crimes Defense Lawyer you improve your chances of success.

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Juan Mojica used to live in Peabody, Massachusetts. In February of 2005 he was arrested after engaging in a drug deal with a confidential informant. The Lynn Item reports that after the deal was consummated police moved in on Mojica as he was leaving his home. The home was searched. Inside police found nearly three hundred sixty grams of cocaine throughout the apartment. Mojica then defaulted and fled to Puerto Rico. He was recently apprehended and now faces charges of Trafficking Cocaine in Excess of 200 Grams. This is a felony that carries a minimum mandatory fifteen year state prison sentence. The case will be prosecuted in the Essex County Superior Court in Salem.

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http://www.thedailyitemoflynn.com/articles/2010/04/08/news/news08.txt

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Massachusetts Cocaine Trafficking Defense Lawyer

The use of confidential informants by law enforcement agencies creates interesting legal and strategic problems for both the defense and the district attorney in drug cases. Massachusetts law states that if the informant is a witness to the crime charged then his or her identity must be disclosed to the defense. To get around this disclosure requirement prosecutors often choose not to prosecute the crime in which the informant had involvement. Instead they use the informant’s information to investigate the defendant for other crimes. For instance, if several controlled buys are made by the informant the police might use this to obtain a warrant to search the defendant’s home or car. If drugs are located during the search the defendant will then be charged with that crime only, thereby allowing the prosecution to keep the informant’s identity concealed. Similarly, informants might be used to make introductions to undercover police officers. Once the undercover earns the suspects’ confidence he or she can directly deal with the defendant leaving the informant out of all subsequent transactions. In those situations, the initial transaction involving the informant might not be charged.

I imagine that Mojica’s Massachusetts Criminal Defense Attorney wil be able to convince a judge to order the informant’s disclosure in this case. To avoid compliance with this order the prosecution might agree reduce the charges in exchange for a change of plea. Alternatively, Mojica might have grounds to attack the search of his home.

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On December 17, 2009 Darlene Walker of Fitchburg was caught with two bags of heroin and three bags of cocaine secreted in her underwear. It is alleged that she intended to give the drugs to an inmate whom she intended to visit. Walker told authorities that she was being blackmailed by the inmate who threatened to show her husband sex tapes of her and her ex-husband. Prison officials refute this defense. They claim to have intercepted telephone conversations showing a romantic relationship between Walker and the inmate. Written correspondence also seems to corroborate these allegations. Walker has been charged with Possession With Intent to Distribute Class A and Class B drugs as well as Possession of Heroin and Possession of Cocaine. The case in pending in the Ayer District Court.

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http://www.lowellsun.com/local/ci_14799283

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Massachusetts Criminal Defense Attorney

I am often retained by clients who while waiting for someone to post bail spend a lot of time talking over prison phones. Many of them forget, notwithstanding the posted warnings, that the prison telephone calls made between an inmate and someone other than their lawyer can be recorded. Others think they can talk in “code” and that there senseless, contextless statements cannot be deciphered. Guess what happens with these calls? If you guessed that they are used in court as evidence against the defendant you are correct. For over twenty two years I have been representing people accused of committing crimes. I have literally represented well over one thousand people. Never has one of my clients talked the police or district attorney out of prosecuting them. Rather, the talkers usually provide more evidence for the prosecution and make their case worse. All criminal defense lawyers give the same advice. When arrested or incarcerated, do not talk. Nothing positive comes from it. Listen to your lawyer and keep quiet. I am willing to bet that Walker’s conversations with the inmate are what got her caught.

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In Commonwealth v. Dwayne Williams, decided earlier today, the Massachusetts Appeals Court upheld the decision of a district court judge suppressing unlawfully obtained evidence. The facts in Williams are as follows:

A Boston Police Officer responded to a call stating that a man (the defendant) had been stabbed and was being treated at the Boston Medical Center. The detective went to the hospital and tried to speak with him. The defendant refused to answer any questions about the stabbing. He had blood on his clothing. The clothing was placed in a plastic bag by hospital personnel. Over the defendant’s objection the officer took the clothes to the crime lab for testing. Inside one of the defendants boots the officer located some crack cocaine. The judge hearing the motion to suppress the seizure of the drugs agreed that the defendant’s constitutional rights had been violated and the evidence was suppressed.

The district attorney appealed the case to the Massachusetts Appeals Court. The Court agreed with the lower court judge and found that in this case the police presumptively violated the defendant’s Fourth Amendment rights by taking his clothes over his objection. The Court held that the defendant retained a possessory interest in his clothing. He never forfeited that right. There was no exception to the requirement that the police obtain a warrant prior to seizing and searching the clothes. Thus, suppression of the evidence was found proper.

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Massachusetts Search and Seizure Lawyer

As a Massachusetts Criminal Attorney defending Drug Cases I handle a large number of drug cases each year. One of the best tools to combat allegations of Drug Possession or Drug Distribution is the motion to suppress. Massachusetts laws and its constitution through Article 14 provide greater protections against police intrusions than does the United States Constitution. A successful motion to suppress usually results in the district attorney not being able to prosecute the case. A dismissal of the charges will often be the end result. This is why it is critical that you choose the right lawyer to defend you against drug charges.

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Last Friday night Haverhill police executed a Search Warrant at a home in on Cedar Street. They found five occupants, three with hypodermic needles and two others allegedly in the Heroin Distribution business. The interior of the home was described as disgusting and atrocious. It was in complete disarray. Also at the scene was a four year old boy and a twenty one month old girl. Anthony St. Onge and Joanne Belmer, the residents of the home were charged with Possession With the Intent to Distribute Heroin a School Zone Violation and Knowingly Being Present Where Heroin is Kept. Also charged with Knowingly Being Present Where Heroin is Kept were David Plourde, Tania Cormier and Eric Balsamo. The young girl is Plourde’s daughter. The case in pending in the Haverhill District Court.

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http://www.eagletribune.com/punews/local_story_086221615.html

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Being Knowingly Present Where Heroin is Kept

According to Massachusetts General Laws Chapter 94C Section 35, any person who is knowingly present at a place where heroin is kept and is convicted for this crime is guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both. Typically first offenders get their cases resolved with a continuance without a finding. Sometimes first time offenses are dismissed. Of course, if the person already has a criminal record the punishment will be greater. Regardless of their record, the defendants in this case will be closely scrutinized due to the fact that children were present at the time of the crime. St Onge and Belmer have a greater. The School Zone Violation charge carries a mandatory two year sentence. To avoid the consequences of this statute both will need a Skilled Massachusetts Criminal Defense Lawyer to defend them.

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The Lowell Sun reports that nearly seven years ago a significant amount of drug evidenced was stolen from the Dracut Police evidence storage facility. In total about eighty thousand dollars or marijuana was taken from the locked trailer. The officer took the test on December 15, 2009. The results were deemed “inconclusive with suspected countermeasures taken”. The suggestion is that the officer tried to cheat the test. Consequently, on March 3, 2010 another polygraph test was given. This time, it was concluded that the officer failed. Law enforcement agencies in Massachusetts were unable to crack the case. The state statute of limitations has expired and criminal charges cannot be filed against the officer in Massachusetts. However, federal laws provide another avenue for prosecution that permits more time to file charges. An unnamed federal agency is currently investigating this case.

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The Law Pertaining to Lie Detector Tests in Massachusetts

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Lie Dectector (Polygraph) Tests in Massachusetts

In Massachusetts polygraph evidence is inadmissible for any purpose in a criminal trial. This has been the law for over twenty years since the Supreme Judicial Court decided the case of Commonwealth v. Mendes, 406 Mass. 201 (1989). About seven years later the Supreme Judicial Court retreated from its stance on this position and suggested that polygraph evidence might be admissible in a criminal case provided that its reliability is established by proof that a qualified tester who conducted the test had in similar circumstances demonstrated, in a statistically valid number of independently verified and controlled tests, the high level of accuracy of the conclusions that the tester reached in those tests. Commonwealth v. Stewart, 422 Mass. 385 (1996). This ruling notwithstanding lie detector tests are still not used in criminal cases in this state. The prospect of using one of these tests in an appropriate case is something that I would welcome.

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