Articles Posted in Drug Crimes

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Both the Lowell Sun and the Lawrence Eagle Tribune report that Johnny Cintron of Methuen, Massachusetts was stopped last night at the intersection of Central and Market Streets in Lowell. Apparently Lowell Police had information that a man fitting Cintron’s description would be in Lowell on Monday night. According to reports Cintron was seen driving his car and was stopped after running a red light. Inside the car officers located over five hundred grams of cocaine. The case is now pending in the Lowell District Court however it will eventually be prosecuted in the Middlesex Superior Court in Woburn.

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Lawrence Massachusetts Criminal Defense Lawyers

Lowell Massachusetts Cocaine Trafficking Lawyers

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Trafficking Cocaine in excess of 200 grams in Massachusetts carries a minimum mandatory fifteen year state prison sentence. If Cintron gets convicted of this crime he will be in prison until he is nearly fifty years old. At that point nearly one third of his life will have been spent behind bars. To avoid this he needs to hire a Massachusetts Criminal Lawyer who can help him win this case through either suppression or trial or minimize the consequences by negotiating a resolution that will be as harsh as the statute requires. Three thoughts immediately come to mind when reading these articles. One, what information did the police have regarding Cintron and drug activity. How reliable was this information and to what extent did the police base their actions on that information. The legitimacy of their actions is likely based on that information and its sufficiency or lack thereof might be the basis for a constitutional challenge through a motion to suppress. Two, did Cintron really run a red light. I would suspect he did not unless of course he had no idea that cocaine was in his car. Three, how are the police able to show that Cintron had knowledge that the drugs were in the vehicle. Was the car his? Where were the drugs stored? Was anyone else in the car? Did someone else have access to the car? Did someone else use the car earlier? The answers to these questions might help exonerate Cintron.

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Last week Brenon Monteiro and Rozilene Coelho both from Marlboro, Massachusetts were arrested and charged with Trafficking Cocaine. Apparently police had obtained a search warrant. They arrived at Monteiro’s home and gained entry through a back door. A drug sniffing dog accompanied the officers. The dog alerted the police to a television cabinet where approximately forty three grams of cocaine were found. Also found was a digital scale and assorted drug paraphernalia. In addition to Trafficking in Cocaine both men were charged with a School Zone Violation and Conspiracy to Violate the Drug Laws. The case will be prosecuted in the Middlesex Superior Court in Woburn. The police reported that Monteiro admitted to committing the crimes.

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http://www.metrowestdailynews.com/news/police_and_fire/x693814227/Hidden-drugs-found-in-Marlborough-say-police

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Marlboro, Massachusetts Drug Crimes Lawyer

Here is what each defendant is facing. There is a minimum mandatory sentence of five years for the Cocaine Trafficking Charge since the quantity exceeded twenty eight grams and was under one hundred grams. However two years must be added to that if the defendants are convicted of the School Zone Violation. There is no minimum for the Conspiracy charge. Monteiro’s problems appear much more significant than Coehlo’s. The drugs were found in his apartment. He confessed to the crime. Unless there is something specifically connecting Coehlo to the drugs he has a chance of getting his case dismissed. Both of these men need an Experienced Massachusetts Drug Crimes Lawyer to defend against these allegations.

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The Suffolk County District Attorney’s Office has charged seven in connection with Cocaine Trafficking activities alleged to have occurred in Chelsea, Revere and Boston. According to reports, Ferney Pereanez was making about one hundred thousand dollars per week in cocaine sales. This account coincides with the district attorney’s press release claiming that the organization was responsible for moving a kilo of cocaine each week. The investigation into these actions spanned two years. Law enforcement used wiretaps wherein they seized hundreds of cell phone calls. Surveillance cameras were also used in this case. Also arrested in connection with this case were Luis Pereanez, Martha Garcia, Julio Burgado, Maritza Franco, Wilmar Andres Medina and Biviana Lotero Montoya, 36. Bails in this case were set in amounts ranging from twenty five thousand dollars to five million dollars. The quantity of cocaine exceeded two hundred grams. The cases are being prosecuted in the Suffolk County Superior Court in Boston.

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http://news.bostonherald.com/news/regional/view.bg?articleid=1240279&format=&page=2&listingType=Loc#articleFull

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Boston, Massachusetts Cocaine Trafficking Defense Attorney

I would not expect each defendant to pursue the same strategy in this case. Everyone’s role in this operation was probably unique. There was likely an organizer, runners, purchasers, street level dealers and more. Some of the defendants were charged with Conspiracy, others with Distribution of Cocaine, and a few with Trafficking in Cocaine. The penalties for each differs as does the level of responsibility. The magistrate presiding over the arraignment of the defendants obviously recognized that, thus disparity of bails set. It would not surprise me at all to see sentences in this case range from probation to lengthy state prison sentences. Hiring a Top Massachusetts Defense Lawyer is the first step in helping the cause.

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Carlos Vergara of Philadelphia, Pennsylvania and Ana Maria Feliciano of Brockton were arrested after undercover police officers purchased drugs from the pair in the South Shore Plaza parking garage. According to reports this was not the first transaction involving the two in recent times. It is alleged that Vergara and Feliciano sold drugs in the Stoughton area and will be facing charges there as well. As to this incident, officers arranged to meet the two at the mall. An officer entered their car where he bought four bags of heroin and four bags of cocaine. Surveillance officers immediately descended and made the arrest. Both now face charges of Conspiracy, Distribution of Cocaine, Distribution of Heroin and a School Zone Violation. The article does not say how officers initially learned of the drug dealings of the two. Charges are pending in the Quincy District Court.

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http://www.enterprisenews.com/news/x699611902/Couple-charged-with-selling-drugs-in-South-Shore-Plaza-garage

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Hand to Hand Sales of Drugs in Massachusetts

Drug sales to undercover police officers are rarely a cut and dry completely indefensible matter. Usually the officers get to the suspects through informants who provide information about the person’s drug activities. Many times the information is inaccurate. Informants often get paid for their services. They might get cash. They might get some consideration for a pending case of their own. Their pending case might even get dismissed. Police who use informants are obligated to prove that the informant was reliable, the the information he provided was truthful and at times must be sufficiently corroborated. If these standards cannot be met then the undercover “controlled” purchase might be suppressed. I have no doubt that Search and Seizure issues will come into play in this case.

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According to the Metrowest Daily News Melissa Barbor and Larry Fitzpatrick, both of Framingham, Massachusetts have been charged with Massachusetts Drug Crimes. It was reported that shortly before 7:00 a.m. police arrived with a search warrant at their Alexander Street home. There is no indication about where the police located the drugs nor did the article reference the quantity of the substance seized. The two will be arraigned in the Framingham District Court. It is likely that the prosecution will remain in that court.

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http://www.metrowestdailynews.com/news/x49438535/Two-arrested-on-drug-charges-in-Framingham

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Massachusetts Drug Defense Lawyers, Possession With Intent, Cocaine, Framingham

From this article I can assume a couple of things. One, the quantity of cocaine is less than fourteen grams. Had the police located and seized fourteen or more grams the charge would have been Trafficking rather than Possession With Intent to Distribute Cocaine. Two, the apartment lies within one thousand feet of a school zone. There are often successful defenses to cases such as this. If the search warrant was not properly issued the defendants can mount a constitutional challenge to the search. If a judge agrees that their rights were violated the remedy is usually suppression of the illegally seized substances. The result will be a dismissal of the case. Sufficiency of the evidence is also a defense in many cases like this one. The district attorney must prove that both defendants not only knew that the drugs were in the home but that both shared the intent to distribute the substances. Absent corroborating statements from the defendants this can be a difficult burden to sustain as to both defendants.

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Jamald Harrold is facing charges in the Essex County Superior Court in Salem, Massachusetts for Assault With a Dangerous Weapon, Trafficking Cocaine, Receiving a Stolen Motor Vehicle and a School Zone Violation. The case stems from a December 22, 2009 incident where Harrold got into a confrontation with his former girlfriend’s brother. It is alleged that Harrold pulled a knife on the man who in turn armed himself with a baseball bat. Police were called. When they arrived they observed the defendant in a motor vehicle that had been reported stolen a few days earlier. Inside the car the police found over twenty eight grams of cocaine.

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Lynn, Massachusetts Man Looking At 7 Years Mandatory For Dealing Cocaine

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Trafficking Cocaine in Massachusetts

The sentence for Cocaine Trafficking in Massachusetts rests primarily on the quantity of the substance that was sold or intended for sale. Over 28 grams mandates a five year state prison sentence. Add another two years to that conviction due to the school zone violation. The defenses to this case likely involve the ability of the prosecution to convince a jury beyond a reasonable doubt that Harrold knew that the drugs were in the car. Keep in mind that Harrold was charged with Receiving a Stolen Motor Vehicle, not Larceny of a Motor Vehicle. Implicit in this is the fact that he did not steal the car. It is also conceivable that whoever he borrowed the car from took never let him know that the car was stolen. Similarly, it is not inconceivable that that person was responsible for the drugs in the car, not Harrold.

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Back in October of 2009 Jewil Guerrero of Boston was identified as a suspect in a drug dealing operation in the South Shore. Just the other day police were conducting surveillance of a Braintree home when they saw Guerrero pull up to the home in minivan and engage in discourse with another man who entered the vehicle. Police then stopped Guerrero’s car and found marijuana in his lap. They also found thirty bags of heroin in a bottle in the driver’s door armrest. Guerrero was charged with Possession With Intent to Distribute Heroin and Possession With Intent to Distribute Marijuana. The case is now pending in the Quincy District Court.

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South Shore Massachusetts Drug Investigation Results In Arrest

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Possession With Intent to Distribute Heroin in Massachusetts

The crime of Possession With Intent to Distribute Heroin is a felony in Massachusetts. This crime can be prosecuted in either the Superior Court or the District Court. The maximum penalty for a conviction is ten years in state prison if the defendant is convicted in the Superior Court and two and one half years if the case stays in the District Court. The facts of this case suggest that a motion to suppress may come into play. The first question a Norfolk County Criminal Defense Lawyer might ask is why did the police stop Guerrero’s car. The article is silent on this and if the police were acting on a hunch the stop might be deemed illegal by a judge and the drugs will be suppressed.

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Just two days ago DEA agents from the Bristol County office executed a search warrant at 61 Sunflower Drive, the home of twenty four year old Matthew Alsen. After entering the premises police located Alsen in his bedroom. Supposedly, after inquiry Alsen told the authorities that the drugs were in a closet behind a nightstand. The officers then located a large quantity of marijuana and one hundred fifty six Percocet pills. At the same time officers from Raynham kept a surveillance of Alsen’s mother’s home. She eventually consented to a search of her home where the officers found over one hundred thousand dollars cash. Bail in the amount of five thousand dollars cash was set in the Taunton District Court where Alsen was charged with Trafficking Oxycodone and Trafficking Marijuana. The case will be prosecuted in the Bristol Superior Court in New Bedford.

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Pot, Oxycontin and $100,000 Cash Seized During Bristol County Raid

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For several reasons Alsen needs to hire an Experienced Massachusetts Drug Trafficking Lawyer immediately. While the charges are severe there may be some defenses to this case and with the right Massachusetts Criminal Defense Lawyer the potential damage might be minimized.

Trafficking Marijuana in Massachusetts

To satisfy the minimim for trafficking marijuana in Massachusetts the defendant, Alsen, must have possessed at least fifty pounds of the substance. The district courts have jurisdiction over this amount of marijuana and can sentence someone for up to two and one half years in the house of correction with only one year of that sentence being a minimum mandatory. Depending on the quantity of the marijuana and the oxycodone as addressed below, the future for Alsen might not be as bleak as the article seems to suggest.

Trafficking Oxycodone in Massachusetts

Oxycodone is a Class B substance in Massachusetts. As I have mentioned in several previous posts all trafficking cases in Massachusetts carry a mandatory minimum sentence. The length of the sentence depends on the quantity of the substance trafficked. In this case the prosecution is alleging that the 156 pills constitutes a weight that satisfies the element of weight for trafficking. They may in fact be wrong depending on the number of milligrams of each pill. If these were typical oxycodone pills they were eighty milligrams each. That would not amount to a trafficking weight.

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The Lawrence Eagle Tribune reports that a Lawrence Massachusetts man faces a minimum mandatory sentence of 10 years in state prison if convicted of charges stemming from a drug bust. Marcelo Perez, 48, of 210 Lawrence St., was charged with drug crimes including two counts of trafficking cocaine, two counts of unlawful possession of a handgun, two counts of unlawful possession of ammunition and possession of a dangerous weapon.

Three local authorities worked together focusing on suspected drug activity in the Dunkin’ Donuts parking lot on Main Street in Haverhill Massachusetts. Reports indicate that when he was arrested Perez had loaded .38 caliber pistol and 305 grams of cocaine in his jacket. With the assistance of the Tewksbury K9 unit, police discovered a hidden compartment in the back floor of Perez’s jeep. It has been reported that the authorties seized an additional 30.7 grams of cocaine another loaded handgun, a box of ammunition and a digital scale. Police estimated the street value of the cocaine at $6,500.

If you have been charged with any drug crime in Massachusetts, it is imperative that you have an experienced defense attorney on your side. Most drug arrests stem from a search that has been conducted by the police. Attacking the legality of the search is often times the first step to a successful litigation of a drug offense. Depending on the circumstances of the case, this is done by filing a motion to suppress evidence seized from a defendant, his or her car and/or his or her home or apartment. Our Attorney has successfully litigated these types of motions. If the evidence is suppressed the government is left without a case.

Based on the recent Supreme Court decision of Melendez-Diaz v. Massachusetts, it is imperative that a qualified defense lawyer attack any drug certificate that the District Attorney attempts to introduce in order to establish that the seized substance is in fact an illegal drug. The Supreme Court has indicated that the Commonwealth cannot merely introduce a drug certificate to prove that a retrieved product is contraband. Based on this new case law, in most cases, the Commonwealth is required to produe a chemist that examined the item and determined that is was an illegal drug. The Courts and the District Attorneys’ offices are scrambling to try to get around this requirement. If you find yourself facing drug charges you must have an experienced Massachusetts criminal lawyer on your side to fight for all of your rights.

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Authorities allege that Marcelo Perez of Lawrence, Massachusetts was carrying a loaded .38 caliber firearm at the same time he made a delivery of over twenty eight grams of cocaine. Apparently an investigation was focused on a Dunkin Donuts parking lot on Main Street in Haverhill. It is unclear as to how the police knew or suspected Perez to be involved in drug dealing or what reason they had for apprehending him. He is being charged in the Haverhill District Court with Trafficking Cocaine Over 28 Grams, Possession of a Firearm, Possession of Ammunition and Possession of a Dangerous Weapon. This case will ultimately be prosecuted in the Essex County Superior Court in Salem. The street value of the cocaine is estimated at over six thousand dollars.

Read Article: Drug and Gun Charges for Lawrence Man Caught Trafficking In Haverhill As a Massachusetts Drug Case Defense Lawyer there are several things I would like to know about this case. What information did the police have that Perez was involved in drug trafficking. In order to legally stop and search him the police must have probable cause. That can be established in many ways yet this article does not even hint at the reasons the police targeted this man. I assume an informant provided certain information from which the police launched their investigation but that information must also meet a constitutional threshold before it justifies them stopping and searching Perez. I would also want to know whose car Perez was driving and who, if anyone he was meeting in the parking lot. As with most drug cases, I would expect to see a Motion to Suppress vigorously litigated in this case.
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