Articles Posted in Drug Crimes

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This past Sunday evening, just past 6:30 p.m. members of the Quincy, Massachusetts Police Department executed a search warrant at John Keller’s residence. The search warrant was issued after an eighteen month police investigation suggested that Keller was dealing drugs out of his Chester Street apartment. When the police searched the home they found Cocaine, Ecstasy, Heroin, and other Controlled Substances. They also found ammunition and nearly fifty thousand dollars cash. The investigation started as a result of neighbor complaint about numerous people making frequent visits to the apartment. As part of the investigation undercover police officers made controlled buys of various substances. During the search the police found over one hundred grams of cocaine, Class C drugs, Oxycodone pills, marijuana, digital scales and more. Keller has been charged with Trafficking Cocaine, Trafficking Heroin, a School Zone Violation, Unlawful Possession of Ammunition and various Miscellaneous Crimes. Bail was set at one hundred thousand dollars cash in the Quincy District Court.

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Quincy, Massachusetts Man Held On Drug Trafficking, Gun Charges

It appears that the most serious charge is Cocaine Trafficking which in Massachusetts carries a minimum mandatory ten year sentence where the quantity exceeds one hundred grams. The School Zone Violation adds another two years to this sentence. If Keller is convicted of both of these crimes he will have to serve twelve years in state prison. Naturally as with any case there can be defenses to these allegations. I would expect to see a challenge to the issuance of the Search Warrant. It would not surprise me if people other than Keller were being investigated and had some involvement in these activities during the course of the investigation. Their roles might ameliorate some or all of Keller’s responsibility for some of the crimes he has been charged with. One thing is certain. If he has not already done so Keller needs to Hire an Experienced Massachusetts Drug Defense Lawyer right away.

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Many people applauded when the legislature “decriminalized” the offense of possession of marijuana that is one ounce or less. The new section changes possession of an ounce or less of marijuana from a criminal offense to a civil infraction and an offender receives a civil citation. For adults, this offense is now punishable by a $100.00 fine and forfeiture of the substance. However, if a person is under eighteen years old he or she must complete a drug awareness program. This program requires of a minimum of four hours classroom instruction or group discussion and ten hours of community service. A certificate of completion of the program must be filed with the Clerk of the local district court within one year of the offense or the offender may face higher fines and possibility a criminal charge. Furthermore, being charged with possession of marijuana can still be problematic and sometimes have legal consequences.

For example, it appears that many teenagers are looking at this offense as a “free pass” to smoke marijuana and drive — it is not. If an individual is “high” and driving he or she can still face charges of driving under the influence of drugs. Furthermore, even if someone is in possession of an ounce or less of the substance admitting that he or she shared a “joint” with a friend or gave some of the product to another can result in being charged with distribution of marijuana. Informing the police that he or she intended to share the drug can result in charges of possession of marijuana with intent to distribute. In the event that a search is conducted and scales, baggies, a large amount of money, razor blades and/or mirrors [items often used to package contraband for distribution] are found when an ounce or less is involved, the police will likely charge those involved with possession with intent to distribute marijuana. Make no mistake about it — these are serious criminal charges that carry the potential for jail sentences, license loss and have life altering consequences. If you are in the unfortunate position of being charged with distribution or intent to distribute marijuana within 1000 feet of a school zone you face the possibility of a mandatory minimum of two years in jail. Furthermore, if you are on probation and being drug tested, testing positive for marijuana may be a violation of your probation. Make sure you and your teenagers understand the pitfalls people have been facing by underestimating the teeth in this recent legislation.

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The Lawrence Eagle Tribune reported that local police detectives received information from a concerned citizen that a drug deal was underway near a neighborhood convenience store. After receiving the call the police surveilled the store. They observed a car pull up, the driver get out and approach another vehicle. Officers observed the driver, Jason Ayala of Boston then walk into the convenience store. The other vehicle left the area and was stopped by the police at which time its occupants, Michael and Kerry Hagger of Methuen were arrested. The Haggers have been charged with Possession of Heroin and Possession of Cocaine. Ayala was charged with Distribution of Heroin and Possession With Intent to Distribute Heroin and Cocaine. Another individual, Carlos Manuel Rodriguez of Lawrence, presumably a passenger in Ayala’s car was charged with the same crimes as Ayala. Inside Ayala’s car the police found crack cocaine, heroin and cocaine. This case will be prosecuted in the Lawrence District Court.

Read Article: Heroin And Cocaine Charges Filed Against Lawrence, Methuen And Boston Natives In Lawrence District Court

Here is an interesting fact. The district attorney will most likely not be able to prove the most serious charge against Ayala and Rodriguez, that being the charge of Distribution of Cocaine and Heroin. Here is why. Even though the police saw what they believed to be a drug transaction they never witnessed the actual exchange of items. To win that case the prosecution will need the help of the Haggers. The Haggers will not likely testify against them in that they both have Fifth Amendment privileges they will likely exercise. As to the drugs that remained in Ayala’s car there will be a question as to whose drugs those were. That further complicates the prosecution’s case. All of the defendants also stand a chance of suppressing the stop of the Hagger vehicle. There is an abundance of case law in Massachusetts that suggests that the police must see more than is articulated by this article before they can conduct a stop of a vehicle. A Motion to Suppress the stop, if successful might result in a dismissal of all charges against all of the defendants.

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Julio Castillo and Johnston Jones are twenty four and twenty one years old respectively. They lived together on Prince Street in Salem, Massachusetts until their arrest this week. Now both are charged with Trafficking Heroin and a Drug Violation in a School Zone. Bail for Castillo is ten thousand dollars and five thousand dollars for Jones. According to reports Salem Police had been watching their home after numerous neighbors complained of constant foot traffic in the home. The police surveillance observed cars from all over the area driving up to the premises. Local drug users and people from other towns were also seen entering and exiting the property. The home was watched for about one month before police finally gained access. When the entered they confiscated thirty three grams of heroin, and various items of drug paraphernalia. Both men are now being prosecuted in the Salem District Court however this case will ultimately be handled in the Essex County Superior Court.

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Salem, Massachusetts Men Charged With Drug Trafficking After Police Enter Home And Seize Over 30 Grams Of Heroin

So what are these guys looking at if convicted? Trafficking Heroin Over Twenty Eight Grams in Massachusetts carries a mandatory minimum seven year sentence. The additional charge of Drug Violation in a School Zone carries an additional two years mandatory that must be served from and after the seven year sentence. In total, if convicted of these charges Jones and Castillo must serve nine years in state prison. So what should they do? Go and Hire and Experienced Massachusetts Criminal Defense Lawyer. There are always defenses to criminal accusations. The police may have violated the defendant’s rights when they entered the home even if they had a search warrant. The location of the drugs in the home and the actions of the defendants weigh heavily on the potential defenses to these charges. Winning Drug Cases in Massachusetts is possible provided you have proper representation.

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In July of this year Richard Cushnie was arrested in by members of the Massachusetts State Police. He was charged with Trafficking Marijuana after police found more than one hundred fifty pounds in his truck. The estimated street value of the drug is about three hundred thousand dollars. Apparently the drugs were located after police stopped Cushnie’s truck and conducted a search of the vehicle. The article is not clear as to why the officers stopped Cushnie, a New Mexico native, and what their reason was for subsequently conducting the search. Cushnie is being charged with Trafficking Over 100 Pounds of Marijuana. The case has been indicted by a Middlesex County Grand Jury and is now pending in the Middlesex Superior Court in Woburn.

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New Mexico Man Charged With Marijuana Trafficking In Woburn Massachusetts Superior Court

Many questions come to mind when reading this article. Why did the police pull Cushnie’s truck over. Did they have some information relative to possible drug dealings? Were they tipped off to possible drug dealings involving this truck or the driver? Was this a routine traffic stop that escalated into something more? Was a bail set back in July when Cushnie was arrested? Did he post bail or has he been held for two and one half months? The defenses to Drug Cases in Massachusetts involving stops, searches and seizures of drugs in motor vehicles usually center on the legality of the stop. There are literally thousands of Massachusetts appellate cases that address Search and Seizure issues. Each case is fact specific and the distinction among what actions taken by law enforcement are legal and which ones are violative of someone’s constitutional rights are often times slight. This is why any in Richard Cushnie’s situation needs an Experienced Massachusetts Drug Trafficking Defense Lawyer like Stephen Neyman to fight his charges. Many times these cases can be won on constitutional grounds through motions to suppress or motions to dismiss.

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Joshua Medeiros and Kimberly Vasconcellos had been watched by police for several months after neighbors complained about suspicious activity at their Somerset, Massachusetts home. The officers set up surveillance and confirmed the neighbor’s complaints. They observed a pattern of cars pulling up to the home, someone entering the home and leaving after a short visit. Police also witnessed Medeiros meet with people just a short walk from the home and behind a neighboring school. They were able to set up a successful “controlled buy” with the help of an informant. With that information a search warrant was authorized. The search of the property yielded heroin, marijuana, marijuana plants and assorted drug possession and distribution paraphernalia. The couple has been charged with Conspiracy, Possession With Intent to Distribute Heroin and Marijuana, Possession of Drug Paraphernalia and Violation of the Massachusetts School Zone laws. Charges are now pending in the Fall River District Court.

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Search of Home in Somerset Leads Cops To Pot Plants, Drug Paraphernalia, Massachusetts Couple Charged

So what happens to Medeiros and Vasconcellos now? As with most drug cases the initial focus of the defense will be on the validity of the search warrant. There will likely be a challenge to the issuance of the warrant based on either the absence of probable cause in the supporting affidavit or the integrity of the facts stated in the supporting affidavit. If the challenge is unsuccessful the defense then might center on the sufficiency of the evidence to sustain the charges against one or both defendants. Factors to consider are the relationship between the defendants, the location of the drugs found in the home, the defendant’s habits as drug users, if any and more.

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Shortly before eight o’clock yesterday morning police arrested Fausto Garcia was arrested at his home in Haverhill, Massachusetts. Then, police obtained a warrant to search his home. They searched the premises and found one hundred forty grams of cocaine and more than twenty grams of heroin. Both quantities are sufficient to justify the charges of Trafficking Heroin and Trafficking Cocaine. In fact, that is exactly what Garcia has been charged with doing. The case is currently pending in the Haverhill District Court. No doubt the Essex County District Attorney’s Office will present this case to the grand jury and obtain indictments. Ultimately this case will be prosecuted in the Essex County Superior Court that usually sits in Salem. The newspapers state that weapons charges have been filed against Garcia as well.

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Haverhill, Massachusetts Man Present When Search Warrant Is Executed Gets Charged With Trafficking After Heroin And Cocaine Seized

So what does this mean for Garcia. Well he better hire an experienced Massachusetts Criminal Defense Lawyer who handles drug cases. He is looking at a minimum mandatory ten year sentence on the cocaine case and another five years on the heroin case. The sentences can be higher than this but usually when someone gets convicted of multiple drug offenses the sentence on the less severe cases runs concurrent with the sentence on the case requiring a greater minimum mandatory. Anytime I get a case like this one I immediately look to see if the defendant’s constitutional rights have been violated. If so, I filed a Motion to Suppress the Illegal Search and Seizure. Most of the time when these motions succeed the case gets dismissed. In this case it is critical to know what the police observed prior to arresting the defendant and what information they had, if any that drugs were in his home. It is also important to learn who else lived in the home and from what location in the home the items were seized. Sometimes these cases are triable as well, particularly where there is a strong suggestion that someone other than the defendant had possession of the drugs.

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Devin Joseph Sheehan-Powers of Boston was indicted by an Essex County Grand Jury last week following his arrest for a July 15, 2009 incident. According to reports Sheehan-Powers was observed by Lynn Police chasing down a disabled man while brandishing a knife. Law enforcement officers saw Sheehan-Powers then punch the victim in the face and steal his cell phone. The attack was described as brutal. The officers who witnessed the incident chased the defendant and were able to apprehend him shortly after observing the crime. He was found in possession of the knife and crack cocaine. Bail in the case has been set at ten thousand dollars. The case will now be transferred from the Lynn District Court to the Salem Superior Court. Sheehan-Powers has formally been charged with armed robbery, possession of cocaine, assault and battery with a dangerous weapon causing serious bodily injury, aggravated assault and battery, mayhem and resisting arrest.

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Boston Man Charged With Assortment Of Violent Crimes, Drug Possession After Assault On Winthrop Man

The crime of mayhem in Massachusetts is proscribed by Massachusetts General Laws Chapter 265 Section 14. The law states that the prosecution must prove that the defendant had the malicious intent to maim or disfigure the victim and that with that intent he “cuts out or maims the tongue, puts out or destroys an eye, cuts or tears off an ear, cuts, slits or mutilates the nose or lip, or cuts off or disables a limb or member, of another person”. Alternatively the prosecution can obtain a conviction for this crime if it proves beyond a reasonable doubt that the defendant, possessing the intent to “maim or disfigure, assaults another person with a dangerous weapon, substance or chemical, and by such assault disfigures, cripples or inflicts serious or permanent physical injury upon such person”. A conviction of this crime carries a potential twenty year state prison sentence. The article suggests that the prosecution in this case will be proceeding under the second theory given the victim needed eye surgery at a Boston hospital.

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This past Friday, after a four month investigation Joan Alberto Brea was arrested and charged with Trafficking Heroin, a School Zone Violation, and several Motor Vehicle Crimes. Brea, whose true identity has not been established is being held without bail. The investigation centered on drug dealing activities in the Mansfield Woods Condominiums. During the arrest police seized about eight thousand five hundred dollars worth of heroin, a quantity of about eighty five grams. No more information was given about the nature of the investigation.

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Heroin Bust In Mansfield, Massachusetts Leads To Seizure Of 85 Grams

In Massachusetts there is a substantial chance that a defendant will be held without bail in a Drug Trafficking Case such as this one. The defendant’s identity is not known by law enforcement. Nor for that matter is his address. There is a strong concern that he would default and never return to court if a bail were set that he could afford to post. Roots in the community coupled with a demonstration of stability and reasons to appear in court as ordered are factors that usually result in the imposition of an affordable bail. Obviously that is not the case here.

The absence of detail in this article suggests that this investigation is far from over. 85 grams of heroin is inconsequential given the length of this investigation and the number of law enforcement officers responsible for this case. For Brea however the stakes are high. He is facing a minimum mandatory seven year state prison sentence if convicted of trafficking and another mandatory two years on top of that if he is convicted of the school zone violation. There might be some defenses to this case. The fact that he was charged with Motor Vehicle Crimes suggests that he was driving at the time of his arrest. The police must show probable cause to stop, search and make the arrest. Given the depth of this investigation I would imagine that informant information played a role in the arrest as did surveillance efforts.

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Police in Quincy, Massachusetts were surveilling a parking lot at a supermarket this past Tuesday night. They saw two men arrive in a car and make a cell phone call. No one got out of the car. The car then left and went to a nearby Burger King. The police observed someone from another car get into the one they were watching. The police then descended on the vehicle and made arrests. They charged Gilbert Torres of Boston, the driver with Heroin Distribution. Robert Cefalo, the man who got into the car was charged with Heroin Possession. Michael Evans was charged with Knowingly Being Present Where Heroin is Kept as was Christopher Bates. The case is now pending in the Quincy District Court.

Four Massachusetts Men To Be Prosecuted For Heroin Crimes In Quincy

As with most drug cases the district attorney will have to fight a challenge to the constitutionality of the stop of the car. Massachusetts courts have made clear that just being in a high crime area is not enough to justify a stop. Nor for that matter is walking away from police officers. Similarly, if the area where the police observed the defendants is considered a high crime area that does not permit a stop and search of the car. What then did the officers in this case have for probable cause to stop the car? According to this article nothing but a hunch. That is not sufficient to permit the intrusion and without more would require suppression.

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