Articles Posted in Drug Crimes

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Haverhill, Massachusetts police along with other local law enforcement agencies arrested five people for drug dealing activities near the 99 Restaurant in Haverhill yesterday late afternoon. It was reported that Christen Agnew, Robert Condon, Julie Gill, Tina Brady and Alex Hernandez were all arrested. Agnew and Condon have been charged with Possession With Intent to Distribute Class B and Conspiracy. Agnew has also been charged with Distribution of Cocaine along with a Motor Vehicle Crime. Gill and Brady were both charged with Possession of Cocaine, a Class B substance. Hernandez, a Lawrence, Massachusetts resident was picked up on an outstanding warrant for Trafficking Heroin. The cases are now pending in the Haverhill District Court.

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Charges of Possession With Intent to Distribute Cocaine, Possession and Distribution Filed Against 5 Locals Arrested In Haverhill

Suspicions regarding the legality of the stop and arrest always come to mind when reading articles like this one. What were the police doing in the parking lot? Were they conducting a surveillance, and if so, why? Were they involved in a controlled buy? Were they simply acting on a hunch? While the article does not address these concerns it would be safe to assume that this was not a chance encounter and that a motion to suppress will be filed on behalf of at least one of the defendants. If they recognized Alex Hernandez and knew that there existed a warrant for his trafficking activity they had every reason to arrest him. Not so however for the other four.

If Gill, Condon, Brady and Agnew do not have criminal records their cases might be resolved by continuing the cases without a finding in which case they will be placed on probation. If they successfully comply with their probationary terms the cases will be dismissed on a designated date. If they do have criminal records an Experienced Massachusetts Drug Defense Lawyer might be able to get the charges dismissed by challenging the legality of the arrest and search or perhaps challenging the sufficiency of the evidence.

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In August of this year Yehuda Cohen was arrested for his purported involvement in a drug deal in Weymouth, Massachusetts. His home was searched and police seized cocaine, drug paraphernalia and cash. At that time Cohen was charged with Possession With Intent to Distribute Cocaine, Conspiracy and Distribution of Cocaine. This past weekend Cohen was arrested again. It was reported that an informant tipped police off to the fact that Cohen was still dealing. A search warrant was obtained and executed at Cohen’s home. Apparently all the police found was a small amount of cocaine because he has been charged with Possession and Conspiracy only at this time. However, during the search Cohen’s apparent suppliers Ernesto Arias and Isa Fernandes, both from Brockton arrived with sixty bags of cocaine totaling fifty five grams. Both of them were arrested. They have been charged with Trafficking Cocaine Over 28 Grams. All cases are currently pending in the Quincy District Court.

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Brockton, Massachusetts Drug Dealers Who Arrive To Stock Customer During Raid Get Arrested For Trafficking

Cohen is probably not in as much trouble as the article suggests. Absent a lengthy criminal record people charged with possession of drugs usually do not go to jail. Rather, their cases get dismissed, continued without a finding or a period of probation is imposed. The conspiracy charge in this case will not likely survive. It will be difficult for the police to show that Cohen conspired with Arias and Fernandes. I doubt that either will testify against him. Additionally, Cohen might be able to get all charges dismissed if his lawyer is able to show that the search warrant should not have been issued. The strength of the case against Arias and Fernandes is uncertain given the details in this article. Defense attorneys will look to see where the drugs were found in the car, who owned the car, what interaction the defendants had with the police or Cohen, if any and what facts link these two to the drugs. It would not surprise me to see the charges dismissed as to one of these two defendants.

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Weymouth, Massachusetts police received a tip that cocaine was being delivered to a particular area on a regular basis. Accordingly they watched the location. A drug unit detective observed a suspected drug dealer’s car with two occupants pull up to the address around 8:00 this past Saturday evening. A woman who lived at the address got into the car. The car drove around the block and returned to the original location. Police then stopped the car and made inquiry. The woman, Cherie Kelley confessed to having purchased cocaine from the men. Police then searched the car and found over fifty grams of cocaine and over one thousand dollars cash in the vehicle. The other occupants, Juan Castillo, of Randolph, and Jose Caballero, of Boston were arrested and charged with trafficking cocaine and conspiracy to violate the controlled substances laws. Their cases are now pending in the Quincy District Court.

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Three Face Cocaine Charges In Quincy District Court, One For Possession, Two For Trafficking

Assuming this case was accurately reported there are several defenses that come to mind. The district attorney must show that the police officers had probable cause to stop the car. Picking someone up at her house and driving around the block by itself does not establish probable cause. There has to be much more for this stop to survive a constitutional challenge. If the stop is ruled illegal then the drugs cannot be used as evidence. It is also going to be difficult for the prosecutor to show which one of the two men was in fact responsible for the trafficking. If the drugs were not found in their possession and no physical evidence links them to the drugs there will not be enough evidence to convict them of trafficking.

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Last week police officers from Braintree, Quincy and Randolph were looking for Anthony Bradley after they received a tip that he was selling drugs. The police knew Bradley as he had been arrested in the past for drug charges. As a result of this tip officers observed Bradley, whom they knew had a suspended drivers’ license, pull up to another car. Consequently the police arrested Bradley and searched his vehicle. While doing so they found Oxycontin pills in a make-up container purportedly belonging to his passenger. The female’s purse contained another container in which there were more pills. Bradley has been charged with possession of OxyContin with intent to distribute and conspiracy. He also faces Motor Vehicle Charges for driving with a suspended license. The passenger will also be charged however she was not arrested. The case is being prosecuted in the Quincy District Court.

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Massachusetts Man Stopped And Arrested On Drug Charges To Be Prosecuted In Quincy

Bradley might have difficulty defending the Motor Vehicle Crime however the drug case might not be so difficult. The article suggests that no drugs were found on Bradley nor did the police see him handling at all. The drugs were not remotely in his possession either directly or constructively. There is no evidence showing that Bradley had the intent to sell the drugs. Additionally, there is no evidence establishing that Bradley and his female passenger were conspiring to sell the drugs. Bradley might have a good shot at this case.

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This past Wednesday night police officers in Weymouth, Massachusetts observed someone they knew to be a drug user drive out of a parking lot. They followed the car, saw it stop and then saw someone get in the back seat. The unnamed drug user drove around the block and the other person got out of the car. Police stopped the driver who informed them that he had just purchased Oxycontin pills from the man he had just dropped off. The suspect, William Shores was stopped and found with additional Oxycontin pills. He was charged with Distribution of Oxycontins, Possession With the Intent to Distribute Oxycontins and Conspiracy. The case is pending in the Quincy District Court.

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Drug Charges Filed Against Massachusetts Man Who Was Selling Oxycontins

As to Shores the defense of this case will focus on the legality of the stop of the drug user. Massachusetts Courts have held that police may stop motor vehicles to conduct a threshold inquiry if they have “a reasonable suspicion that the occupants have committed, are committing, or are about to commit a crime.” This suspicion must be based on specific, articulable facts and cannot be based on a hunch. The Supreme Judicial Court held that two young men in a motor vehicle at 4:00 in the morning coupled with the fact that one of the occupants tried to shield his face from the officers did not justify a stop. The facts of this case as more benign and suggest that the Weymouth police had no reason to stop the drug user. From that they could not then use that information to stop and search Shores.

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Cambridge, Massachusetts police arrested Ricky White of Dorchester for dealing cocaine in Central Square last week. According to reports, just after midnight a Cambridge Police Sergeant was on patrol when he noticed White behind the wheel of his idling car. White, who was on his cell phone drove around the block, parked and entered a local housing project. White returned to his car and was followed by the officer. The officer then reported that White failed to use a turn signal and a stop was effectuated. Upon contacting the defendant the officer smelled marijuana and saw a bag of marijuana inside a larger bag in plain view in the car. A search of White and the car followed. Seized in the course of the investigation were Suboxone pills, Vicodin pills, five bags of cocaine totaling twenty five grams, over two thousand dollars cash and some marijuana. White his being charged with trafficking cocaine over fourteen grams, possession with the intent to distribute marijuana, possession with the intent to distribute a Class B substance and more. The case is now pending in the Cambridge District Court however once an indictment issues the case will be prosecuted in the Middlesex County Superior Court in Woburn.

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Dorchester, Massachusetts Man Caught With Marijuana And Cocaine Faces Trafficking Charges In Middlesex County

The defense of this case will center on the legality of the officer’s stop of the vehicle, search of its contents and White and the subsequent seizure of the drugs. Defense attorneys will file a motion to suppress. It will be up to a judge to determine whether or not the officer had probable cause to stop the car and conduct the following search. The credibility of the officer becomes critical at this point. Here is what I see as potential flaws in the prosecution of this case. Obviously the officer had his suspicions of White. He saw him on his cell phone with his car idling. White then drove around and went into the projects for a short visit. To the officer this was suspicious activity. So what did he do? He followed White and looked for him to “slip up”. He then claims that White failed to use a turn signal so he stopped him. Is this true? I mean after all according to the officer White properly operated his car prior to entering the projects without incident. Why then suddenly abandon such caution after supposedly making a drug deal? Then, after the stop the officer detects the smell of marijuana. Come on now. The bag was sealed and inside another bag. White was not charged with operating under the influence of marijuana nor did the officer say that he smelled the odor of burnt marijuana. A good idea in this case for the motion to suppress might be to place the bag of marijuana near the judge at the same distance as it was from the officer when he stopped White. Then see if the judge smells the marijuana during the hearing. I doubt he or she will.

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A Salem Massachusetts man, Edward Vidinha, charged with a subsequent offense of possession of heroin faces up to two and one half years in prison if convicted. According to The Salem News, Salem police officers approached Vidinha after they saw, what they claimed to be, a drug transaction. According to reports, the officers claim that they saw Vidinha throw a small bag, of what they believe to be heroin, to the ground before they approached him. Vidinha pleaded not guilty at his arraignment in Salem District Court but was held on $7,500.00 cash bail. It is believed that the judge imposed such a high bail because of Vidinha’s lengthy record.

Although all of the facts are not known at this time, it appears that there may be a viable motion to suppress the evidence in this case. In Massachusetts, the police must have “reasonable suspicion” before approaching and individual and conducting a “threshold inquiry.” Here, it appears that the officers claim that they saw what they believed to be a drug transaction between Vidinha and another individual. In this type of case, it is important to file pre-trial discovery motions requesting specific information relative to the officers qualifications to make such a determination. It is also critical to do a thorough pretrial investigation to determine whether the officers could have seen what they claimed to have seen from their location. There are numerous ways to attack the legality of the officers conduct. Our Attorney is experienced in defending drug cases in local courthouses including Stoughton and East Boston.

Having an experienced Massachusetts defense attorney on your side to protect your rights is crucial to presenting a successful defense. If you have been charged with a drug offense, you must contact a Massachusetts trial attorney to ensure that the police did not violate your state and federal constitutional rights when they conducted any search of your person, car or home. A successful result relative to a motion to suppress often results in the suppression of incriminating evidence and is often the end of the case.

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John Monteiro of Randolph, Massachusetts has been charged with Carrying a Firearm, Second Offense, Assault With Intent to Commit Murder and related Violent Crimes. Authorities have alleged that Monteiro shot another man outside of an Ashland restaurant. The victim was treated at a local hospital. Monteiro is being held without bail pending a hearing on dangerousness in the Framingham District Court.

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Massachusetts Man Held Without Bail After Shooting Incident In Ashland

The Second Offense Firearm case is going to be difficult for Monteiro to defend absent an affirmative defense such as self-defense. Massachusetts General Laws Chapter 269 Section 10(d) states that anyone with a prior firearm possession conviction must serve a minimum mandatory five year state prison sentence if convicted of a like offense. Even if Monteiro disposed of the weapon prior to getting arrested the district attorney can prove this case through circumstantial evidence such as the victim’s bullet wound and the recovery of the expended projectile, shell casings and related firearms evidence. If however there are no independent witnesses and the victim decides not testify the prosecutor’s job becomes much more difficult. The article states that this is probably not a random act. If the victim and Monteiro were involved in a dispute involving illicit activities it would not surprise me to see the victim refuse to cooperate with authorities.

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After a six month long investigation members of several law enforcement agencies, both federal and state made several arrests in connection with alleged cocaine trafficking activities in New Bedford, Massachusetts and throughout Bristol County. The target of the investigation was Paul J. Pereira, 35, of 67 Lindsey St., New Bedford. Earlier in the year police officers received information that Pereira was dealing cocaine and pills. In July of this year the investigation led the authorities to wiretap warrants on Pereira’s telephone and the phone of Michael Martin, a drug supplier. The monitored telephone conversations resulted in the issuance of arrest warrants and search warrants at various locations throughout Bristol County. Drug purchasers and dealers alike were arrested and charged as a result of this investigation. At Pereira’s home police seized shotguns, handguns, and ammunition. Pereira was arrested carrying a large sum of cash and some crack cocaine. The investigation led to the seizure of over two hundred grams of cocaine, twenty four firearms, ammunition and drug paraphernalia. Once this case is billed by a grand jury Pereira will be prosecuted in the New Bedford Superior Court. The most serious charge will likely be Trafficking Over 200 Grams of Cocaine.

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Six Month Investigation Leads To Arrest Of Southeastern Massachusetts Drug Dealer, Gun And Drug Charges Issue

The strength of the district attorney’s case will lie primarily in the validity of the wiretap warrant and the search warrants that were issued. Wiretaps can issue in Massachusetts only after an application and with a showing by the applicant that there is probable cause to believe that a designated offense has been, is being, or is about to be committed and that evidence of the commission of such an offense may thus be obtained or that information which will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense may thus be obtained; and with a showing that normal investigative procedures have been tried and have failed or reasonably appear unlikely to succeed if tried. If through a Motion to Suppress a judge determines that the warrant should not have issued then all of the information obtained from the telephone conversations will be stricken and cannot be used as evidence.

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Since February of this year police officers from Danvers and Salem along with Massachusetts State Police officers have been investigating leads that Rogers Arias has been dealing cocaine from his bright yellow Lexus. Yesterday after Arias allegedly sold cocaine to an undercover police officer he was arrested. According to reports the arrest of Arias is the first of several to come as a result of this ongoing investigation. Local police officers stated that they had received an anonymous call of suspicious activity involving a car fitting the description of Arias’ Lexus. Following this lead officers set up their operation and effectuated their arrest. It is reported that the defendant conducts his operations in Salem, Peabody and local malls. He is being held without bail pending his arraignment on charges of conspiracy, school zone violation, cocaine possession and distribution of cocaine. The case is pending in the Salem District Court. Arias also has cases pending in the Salem and Peabody courts.

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Danvers, Massachusetts Police Arrest Man On Drug Charges After Making Undercover Purchase

Although the article is unclear it appears that Arias is being held in anticipation of having his bail revoked pursuant to Massachusetts General Laws Chapter 276 Section 58. That law allows a court to revoke bail on a pending case for up to sixty days once a defendant gets arrested on another charge. The law requires the judge determine “that the release of said person will seriously endanger any person or the community and that the detention of the person is necessary to reasonably assure the safety of any person or the community”. Judges do not have to revoke bail in these situations however often times they do particularly where the person is accused of committing the same offense for which he has already been released on bail.

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