Articles Posted in Drug Crimes

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On December 30, 2009 police on Cape Cod searched an apartment located at 6A Holly Street in Onset, Massachusetts. There they found prescription drugs, a large quantity of cocaine, an assault rifle, a handgun and ammunition. Both weapons were loaded. At the scene were Manuel Pina-Agee and Amanda Muller, both of Wareham. Both were arrested that night and charged with drug and gun violations. Not present was Theodore Lopes who has also been charged with these offenses. Police have been searching for Lopes since the home was searched. Lopes has been charged with Trafficking Cocaine and Gun Possession, both felonies in Massachusetts.

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Police Search For Cape Cod Resident Charged With Drug Trafficking, Gun Possession

When looking at this case any Plymouth County Massachusetts Drug Defense Lawyer who handles cases in Wareham would immediately want to know how is it that three people have been charged with these crimes. When a home is searched and more than one person is present there is always an issue as to who had ownership or possession of the illegal items. Simply being present where a crime is being committed is insufficient to sustain a conviction. In these cases motions to dismiss are usually filed and are often successful. Here is another thought. Why is Lopes being charged with these crimes? The article suggests that he was not present when the search took place. Had he been he would have been arrested. It is difficult and many times impossible for the district attorney to legally link someone to criminal activity when the person is not present, particularly in the case of drug matters and searches. This might very well be the type of case that Lopes can win.

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Diomedes Junior Lugo and his mother’s boyfriend were fighting at their Leach Street home in Salem, Massachusetts on Wednesday. The concerned mother called the police who arrived shortly before 6:00 p.m. Neither the son nor the boyfriend were present initially. The police looked around and found the son, Lugo hiding in the basement. Lugo resisted their efforts to search him for weapons. Lugo started to cry and admitted to having cocaine in his pocket. It turns out the amount exceeded twenty eight grams. Lugo now stands charged with Trafficking Cocaine in Excess of 28 Grams, School Zone Violation, Assault and Battery on a Police Officer, Resisting Arrest and Possession With Intent to Distribute Cocaine. Bail was set in the Salem District Court in the amount of ten thousand dollars. The case will be prosecuted in the Essex Superior Court.

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Salem Man, 20 Looking At 7 Year Mandatory For Cocaine Trafficking

Any Salem, Massachusetts Cocaine Trafficking Defense Lawyer can sense that something is terribly wrong with this story. If Lugo and and mother’s boyfriend are fighting and the boyfriend left the home he obviously knew that she had called the police. If he knew then Lugo knew as well. Why then would Lugo place an ounce of cocaine in his pocket? No one would. It is stupid. There must be many places where the cocaine could have been hidden until after the police left the premises. The article went on to say that the police believed that there was evidence that Lugo was selling cocaine. If he was a cocaine dealer selling from his home there would be no need to keep the substance on his person particularly where the police were on their way to the house. Lugo’s defense lawyer will most likely exploit these points.

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On December 31, 2009 Frank Garcia was pulled over by Billerica Police on what has been called a motor vehicle infraction. During the stop the officers became suspicious that Garcia might have been involved in selling drugs so they called for a couple of canine officers. Garcia was detained until the canine units arrived. The dogs apparently gave an indication that drugs were present and Garcia’s car was searched. Inside the police found over four hundred grams of cocaine and twelve thousand dollars cash. Garcia was arrested and subsequently charged with Trafficking Cocaine in Excess of 200 Grams, Possessing and Uttering a False Driver’s License and Giving a False Name to Police Officers. The case will be prosecuted in the Middlesex Superior Court in Woburn.

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Billerica Police Make Cocaine Bust Resulting In Trafficking Charges

How does a “routine motor vehicle stop” result in a suspect being detained until drug sniffing dogs are brought to the scene? This article certainly does not answer that question. I assume that the false driver’s license and providing a false name to police officers was not detected until after the search revealed the large quantity of cocaine. Otherwise, Garcia would have been arrested and charged with the Massachusetts Motor Vehicle Offenses, his car would have been inventoried and towed and he would have been released on a rather low bail. The prosecution is going have to establish the legality Garcia’s detention or arrest and the search of the car because the Massachusetts Cocaine Trafficking Defense Lawyer defending Garcia will try to get the stop, detention, search and ultimate arrest dismissed through a Motion to Suppress.

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Just before midnight this past Sunday night a Massachusetts State Police officer pulled Corey Oliver over after observing him swerving in and out of traffic and committing several other Motor Vehicle Crimes. During the stop the Trooper found twelve pounds of marijuana in an undisclosed location in the car. Oliver was arrested and charged in the Newburyport District Court with Possession With Intent to Distribute Marijuana and Possession of Marijuana. Oliver was arraigned and held on ten thousand dollars cash bail.

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Marijuana Charges Issue For Maine Man Caught With 12 Pounds In Car

Ten thousand dollars cash bail seems pretty high for a case of this nature. Sometimes bail for out of state residents is set higher than it is for in state residents. There is often a fear that absent some incentive out of state defendants might not return to Massachusetts to defend their cases. Assuming Oliver has no criminal record or a minor record I would think the bail will be reduced after a bail appeal in the Essex Superior Court in Salem. I would not be surprised if he already posted bail.

The case itself suggests a couple of defenses. Constitutional issues come into play any time there is a seizure of evidence. A Motion to Suppress either the stop or the search of the car or both will likely be filed. It would be interesting to learn the location in the car where the drugs were found. If not in plain view then suppression of the drugs might be viable. If the drugs were in plain view why did the police refuse to disclose that in court? Other factors to consider are 1) was anyone else in the car with Oliver; 2) who owned the car; 3) what factors suggest that Oliver had knowledge that the drugs were in the car; 4) why would anyone with a large quantity of drugs drive in the manner Oliver did if he had knowledge that drugs were in the car? Any good Massachusetts Drug Lawyer would love to defend this case.

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Ryan Caverly is thirty one years old. He currently lives in Lynnfield, Massachusetts. He and twenty five year old Vincent Migliore of Everett were arrested on Monday. Both were charged with Trafficking Oxycodone Over 14 Grams, Trafficking Oxycodone Over 28 Grams and Conspiracy to Violate the Massachusetts Drug Laws. Adriana D’Alleva was also arrested on drug charges and charged with Trafficking Oxycontins. The district attorney is alleging that the defendants sold eight hundred oxycodone pills and one hundred ecstasy pills over the past few months to undercover police officers. Caverly is being held on five hundred thousand dollars cash bail, Migliore on two hundred fifty thousand dollars and D’Alleva on ten thousand dollars. It appears that the investigation might have started when Migliore was found in possession of eighty five thousand dollars at an Amtrak station in Chicago. During Caverly’s arrest police found thirty two thousand dollars cash, some drugs and drug paraphernalia. Migliore was found in possession of three hundred ninety nine oxycodone tablets at the time of his arrest. Right now the cases are pendint in the Peabody District Court however it is expected that the prosecution will take place in the Essex County Superior Court in Salem.

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Three From Massachusetts Charged With Trafficking Oxycontins

The facts of this article suggest that at least in Caverly and Migliore’s cases a Massachusetts Criminal Defense Lawyer will be looking closely at Search and Seizure issues. What prompted the investigation in the first place? Was it the seizure from Migliore in Chicago and if so, why did law enforcement seek him out? Was this a coincidental stop or did they have information suggesting that he was involved in illicit drug trafficking activity? The next question is how did that lead them to Caverly? Was he an active conspirator? And what is D’Alleva’s role in all of this? If the police investigation was questionable at any level motions to suppress will be filed. If successful these can result is exclusion of drug evidence at trial and possibly a dismissal of the case. It also seems strange that this case is being prosecuted in state court rather than in Federal Court particularly given what appears to be an active role of federal law enforcement in this investigation. Cases that have weaknesses from the prosecution’s viewpoint are rarely prosecuted in the Federal Courts. Perhaps this is good news for Caverly, Migliore and D’Alleva.

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The Lawrence Eagle Tribune reports that a fifteen year old high school student has been charged with distributing marijuana in a school zone. According to reports, the juvenile is believed to be the person that sold marijuana to another student at the school. The principal recovered nine ten dollar bags of marijuana and twelve dollars on the juvenile. The juvenile is scheduled to appear in Lawrence Juvenile Court.

Although all of the facts in this case are not known, a defendant charged with distribution of marijuana or intent to distribute marijuana in a school zone faces a mandatory sentence of two years in jail. The fact that in Massachusetts possession of under an ounce of marijuana has been decriminalized has given many teenagers a false sense of security. Although straight possession of marijuana under an ounce is not considered a criminal offense, the possession of under an ounce of marijuana with the intent to distribute and/or the distribution of under an ounce of marijuana is a criminal offense with stiff penalties. Simply passing a joint or a small amount of marijuana to a friend is considered “distribution” in Massachusetts. There is no requirement that money pass from a “seller” to a “buyer” in order for the “seller” i.e., distributor, to be charged with distribution.

In this case, the juvenile was questioned and told the authorities that he sold the contraband in Lowell Massachusetts. Depending on the circumstances, filing a motion to suppress this statement may be appropriate. In Massachusetts, the police (or anyone acting under the color of the state) cannot interrogate or question a suspect who is in custody unless he or she has been advised of the “Miranda Rights.” The “Miranda Rights” basically inform a suspect that he or she does not have to speak to the police, that he or she may contact an attorney, that anything he or she says can be used against him or her in court and that if he or she cannot afford an attorney one will be appointed to him or her. In the event that the statement is suppressed, the Commonwealth’s case against the juvenile for possession with intent to distribute is significantly weakened if not destroyed.

The types of factors that a finder of fact examines to determine whether a controlled substance was simply “possessed” or “possessed with intent to distribute” are the following: Whether a scale was found: Whether a large sum of money was found; Whether any cuttting implements were found such as a mirror: Whether plastic baggies were found and whether there were any admissible incriminating statements made by the defendant. The presence of any drug paraphernalia is a factor that is carefully scrutinized.

If you have been charged with possession with intent to distribute a controlled substance or distribution of a controlled substance you must have an experienced Massachusetts criminal defense attorney on your side.

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According to the Brockton Enterprise a forty three pound package of Marijuana was shipped from the Midwest to a home in Pembroke, Massachusetts addressed to “Pembroke Little League”. There, Anthony Merlino of Falmouth, Massachusetts took possession of the package and loaded it into a truck. Police officers aware of the situation were surveilling the area. When Merlino loaded the package he was arrested. He now stands charged with Possession With Intent to Distribute Marijuana. The case is currently being prosecuted in the Plymouth District Court. Police provided little comment on the event suggesting that their investigation was still pending.

At first glance most Plymouth County Drug Crimes Defense Lawyers would suspect that this case implicates Search and Seizure issues. Here are some questions that immediately come to mind. Why was that location under surveillance? Obviously the police were tipped off to the possible existence of Drug Crime activity at that address. How reliable was the person who provided the information on which they were relying? In order to survive constitutional scrutiny and a Motion to Suppress the district attorney is going to have to show that the informant was reliable or that the information he provided was sufficiently corroborated to enable them to arrest Merlino. What do the police reports say about the duration of the investigation and the information adduced from the investigation? As a Massachusetts Criminal Defense Lawyer Who Handles Drug Cases I love the challenges cases like this bring. Please visit our Case Results page to see examples of some of the cases we have successfully defended.

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The Lawrence Eagle Tribune reported today that Paul Arlit of Lawrence, Massachusetts has been charged with Rape of a Child under the age of sixteen. Apparently the case came to light when a therapist told the police about a Sexual Assault involving Arlit and a fourteen year old girl. The assault is said to have occurred several weeks ago. It is alleged that Arlit and the girl were in his basement where he touched her inappropriately and asked her to perform a sex act. The police report suggested that Arlit admitted to having committed some criminal activity of a sexual nature involving the girl and to having smoked Marijuana with her. Bail has been set at five thousand dollars cash.

The article fails to specify whether or not the charge is Rape of a Child With Force or simply Rape of a Child. The latter version of this crime is also known as Statutory Rape. Both Rape and Statutory Rape in Massachusetts carry potential life sentences. These cases are felonies and they are prosecuted in the Superior Courts. As a Lawrence, Massachusetts Rape Defense Lawyer in this case I would like to know who made the disclosures to the therapist and in what context the statements were made. The rules of evidence have different applications when the victim made the statements or the defendant makes the disclosure. Excluding these statements often makes successfully defending the case before a jury easier.

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Krysty Sampson of Abington, Massachusetts was awakened Thursday morning by a man standing at the foot of her bed, carrying a knife and demanding money. Apparently Ms. Sampson chased the intruder from her home and down the street. A neighbor witnessed these events and called the police. Ms. Sampson’s yell for help during the incident alerted the neighbor to the problem. Police officers responded and noticed a strong odor of marijuana coming from the basement. They investigated and found growing equipment and eighty three marijuana plants. Ms. Sampson’s husband was not home at the time however both have been charged with Cultivating Marijuana. The case is being prosecuted in the Brockton District Court.

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Possible Possession With Intent To Distribute Marijuana Charges Loom Over Abington Home Invasion Victim

Cultivating Marijuana in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 32C. The law states that anyone found guilty of this crime can be sentenced for up to two years in the house of correction. This crime is a Misdemeanor in Massachusetts meaning that the punishment for the crime itself does not include a state prison option. A Massachusetts Criminal Defense Lawyer with Experience in Brockton Courts might be able to get this case continued without a finding, particularly if the defendants do not have criminal records.

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The Lawrence Eagle Tribune yesterday reported that at midnight this past Sunday Methuen Police responded to a call from a witness who witnessed a heated argument between two men and a woman in a parking lot near Lawrence, Massachusetts. The police observed two men driving away from that area and a woman walking next to the car they were in. The police approached the car and the men ran off. Supposedly the passenger, Andrew Howard of Haverhill began fighting with the pursuing officers. He was tased. The driver, Richard Farrell of Methuen complained that he was sick and was taken to a local hospital. When he got there he fled. Inside the car the police found over a pound of marijuana and ten thousand dollars cash. Both men have been charged with Possession With the Intent to Distribute Marijuana. Howard faces the additional charges of Assault and Battery on a Police Officer, Resisting Arrest, Threatening to Commit a Crime and Illegal Wiretapping due to his recording the event on his cell phone. The woman was not arrested or charged.

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Drug Charges For Two Massachusetts Men Who Ran From Police After Stop

Defense attorneys should have a great time with this case. How is it that prosecutors can attribute the marijuana to both of these defendants and not the girl? What evidence is there that either or both knew about the marijuana that was supposedly hidden in the car? How was Howard able to flee the scene, fight with the officers, get tased, resist arrest and record the entire incident? What evidence does the district attorney have to show that Howard or Farrell had the requisite intent or even knowledge under Massachusetts law to satisfy their burden of “intent to distribute”? Experienced Drug Defense Lawyers in Massachusetts have a tremendous amount of material with which to fight this case provided the article is accurate and sufficiently detailed. I would expect to see motions to dismiss or suppress or possibly both filed in this case. I can see certain scenarios wherein either or both defendants can win this case or walk out without a criminal record.

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