Articles Posted in Drug Crimes

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After a two month investigation law enforcement officials in Norfolk County Massachusetts seized 340 pounds of marijuana at homes in Quincy and Canton.  In all three men were arrested and charged with trafficking marijuana.  The men have been identified as Tuan Ngoc Pham of Quincy; Jeffrey Falcone of Boston; and Alexandros Kostopoulos of Abington.  In addition to the drugs authorities seized $355,000 in cash.  The street value of the drugs are estimated at more than $1,000,000.  Bail was set on all men at the arraignment.

Read Article:  Massachusetts Men Arrested In Drug Raid

Certain thoughts come to mind when reading this article.  It is highly likely that the searches of the homes were conducted pursuant to search warrants.  This typically implicates confidential informants or controlled buys or both.  The validity of the search warrant might be challenged.  If successful the fruits of the search, in this case the drugs get suppressed meaning that they cannot be introduced in court.  Often times this terminates the prosecution.  If the search is found to be lawful there are other defenses that might apply to one or more of the defendants.  These are predicated on what the investigation disclosed prior to the search, what happened at the time of the search and whether or not the defendants spoke to the authorities after they were arrested.

If convicted, the defendants in this case face a minimum mandatory 3 year state prison sentence.

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In February 2008 31 year old Elias Efremidis was arrested and charged with trafficking cocaine after police found 2 kilos of cocaine in his hotel room.  Also found in the room was $4,000, an electronic scale, a beeper and individual packages for the cocaine.  The defendant posted $25,000 bail and fled, defaulting on his pending case.  Recently, the Massachusetts man was found in Virginia where he was arrested on unrelated charges.  He is now 52 years old and he will be brought back to Massachusetts where he will have to defend against the 1988 cocaine charges as well as a charge of failing to appear after release on bail.  Efremidis is charged with trafficking over 200 grams of cocaine. 

Read Article:  Massachusetts Drug Trafficking Defendant Apprehended In Virginia

Drug trafficking is the most serious drug charge you can face in Massachusetts.  To prove someone guilty of cocaine trafficking the prosecution must show that the defendant possessed an illegal substance, in this case cocaine, that the person had the intent to distribute the cocaine and that the amount of cocaine exceeded a certain threshold.  In this case the defendant was charged with trafficking more than 200 grams of cocaine.  This is the most serious cocaine charge in Massachusetts.  There is a mandatory minimum 15 year state prison sentence that must be imposed on anyone who is convicted of this crime.  Sometimes in old cases such as this the drugs have inadvertently been lost or destroyed.  If that is the case the defendant might have a chance at defending against these charges. 

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In July of 2007 a Quincy Police officer saw William McKinley “acting affectionately” with a teenager in the lobby of a hotel.  After an investigation the officer learned that the subject had been “red flagged” by a federal agency for possible sex crimes involving a minor.  Subsequently McKinley’s hotel room was raided.  A laptop containing pictures of child pornographic material was found on its hard drive.  Also in the room was the teenager who the officer observed earlier, later identified as a sixteen year old boy.  The boy told the police that McKinley gave him a drink, showed him pictures of naked boys and that the two had sex.  No charges were brought against McKinley for having sex with the boy but he was charged with possession of child pornography and distributing obscene material to a minor.  He was sentenced to three years in state prison.  McKinley has already served time for cocaine charges and indecent assault on a child. 

Read Article:  Massachusetts Man Convicted of Violating Child Pornography Laws

It is likely that the child pornography statute under which McKinley was prosecuted is Massachusetts General Laws Chapter 272 Section 29C.  That law makes it a crime to possess child pornography and permits a sentence of up to 5 years in prison for the first offense.  There is a minimum mandatory sentence of 5 years on second offenses.   

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As I am sure most people involved in the criminal justice system are aware the legislature recently changed the law relative to an individual charged with possession of marijuana that is one ounce or less. Possession of an ounce or less of marijuana had been decriminalized. The new section changes possession of an ounce or less of marijuana from a criminal offense to a civil infraction. For adults, this offense is now punishable by a $100.00 fine and forfeiture of the substance. Under the new law, an individual found to be in possession of marijuana simply receives a citation.

Experienced and successful defense attorneys must strongly argue that an odor of marijuana, whether burnt or fresh, does not provide probable cause for the police to search an individual, a car or a home. An experienced attorney would file a motion to suppress any marijuana and related evidence i.e., a scale, baggies and money, that the police confiscated at a result of search a person, car or home because of an odor of marijuana. Although prior to the decriminalization of marijuana, in certain situations the Courts held that the odor of fresh marijuana provided reasonable suspicion to search, that rule does not comport with the proposition that marijuana citations should function like traffic citations. See Commonwealth v. Garden, 451 Mass. 43 (2008).

If you have been arrested and charged with possession of marijuana, trafficking marijuana, possession of marijuana with intent to distribute in a school zone and/or distribution of marijuana and the search was based on an odor of fresh or burnt marijuana, an experienced Massachustts defense attorney must file a motion to suppress evidence. A reasonable line of argument is that similar to the fact that evidence of a traffic violation provides a basis to issue a civil citation not to search, even if the court believes that a police officer possessed the training and experience to smell marijuana, that would not provide a basis to search a car, a person or a home. Clearly, an amount of marijuana cannot be determined based on a smell of the substance. Therefore, an odor of marijuana is more likely to be indicative of a non-criminal infraction of possessing an ounce or less of marijuana. Accordingly, the police must not be permitted to presume a criminal offense based simply on an odor of marihuana. The smell of fresh or burnt marihuana, without more, does not suggest that a person is committing or about to commit a crime and does not provide probable cause to search under the new law.

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Somerville, Massachusetts police were investigating prostitution in their city and set up a sting operation.  An undercover officer responded to an advertisement and met with 24 year old Natasha Janvier, a prostitute, in her Somerville apartment.  Services and fees were discussed after which backup officers stormed the apartment to make their arrest.  In the process of doing so they smelled marijuana in an adjacent room.  Upon entering the room they located Michael Martinez, 27 from Boston and two juveniles.  While identifying Martinez the officers found six individually package bags of cocaine in his wallet.  Janvier was charged with sexual conduct for a fee.  Martinez has been charged with possession with the intent to distribute cocaine and a school zone violation. 

Read Article:  Boston Drug Dealer, Somerville Prostitute Arrested

Engaging in sexual conduct for a fee in Massachusetts is a misdemeanor.  Massachusetts General Laws Chapter 272 Section 53 states that anyone who offers to engage in sexual conduct for a fee or anyone who pays another to engage in sexual conduct with him or her is guilty of this crime.  There is a maximum sentence of 1 year in jail for a conviction of this offense. 

If the reports in this case are correct then Janvier’s actions constitute a violation of this law.  She established prices of $130 for 30 minutes and $175 for a full hour of her sexual services.  She also had a list of dos and don’ts for having sex with her.  The extent of her sentence will likely be predicated on her criminal history.

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Eighteen year old Joshua Rodriguez from Marblehead was arraigned in the Lynn District Court on charges that he raped three girls under the age of sixteen all within a six week period.  According to reports, a 14 year old and a 15 year old complained that they were raped in December while another girl, also 14 told authorities that she was raped on February 4, 2009.  At the arraignment the district attorney told the judge that on December 3, 2008 Rodriguez forced one of the victims into a bathroom and forcibly raped her.  Another victim was raped in a car and threatened by the defendant afterwards.  The third victim reportedly smoked marijuana with Rodriguez, passed out and awakened to the defendant on top of her fondling her genitals.  Rodriguez is no stranger to the legal system.  He has a prior breaking and entering charge, motor vehicle offenses and drug charges.  Bail was set in the amount of $25,000.00. 

Read Article:  Rape Charges Pending Against Marblehead Teenager In Lynn

Typically when you hear about rape cases involving 18 year old males and 14 or 15 year old girls the charge will be rape of a child without force, commonly referred to as statutory rape.  Not so in this case.  These are forcible rape charges.  While the potential sentence for both is the same, people convicted of forcible rape typically receive stiff state prison sentences.  Rape of a child in Massachusetts is a violation of Massachusetts General Laws Chapter 22A or Massachusetts General Laws Chapter 23.  The former is rape with force, the latter is statutory rape. 

From reading the article it seems like Rodriguez has a tough road ahead of him.  Prosecutors in Massachusetts try to join cases like this for one trial to show motive or pattern.  If judges permit the joinder defending these cases is extremely difficult.  It is one thing to attack one victim through cross-examination or show inconsistencies in her story.  It is another thing to try to do this to three people, all of whom claim to have been raped in separate incidents, on different dates and at separate locations.  Cases like this usually get resolved through plea bargaining. 

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Apparently Framingham and Massachusetts State Police had been on to Anthony Batista and Hector Perez for several months.  Armed with information that the two Boston, Massachusetts men were selling crack cocaine in Framingham an investigation that included undercover drug buys began.  Batista became known to the officers on last Friday detectives in Framingham followed him through some downtown roads.  They saw him exit his car and get into a car with Hector Perez.  Batista later got back into his own car and was pulled over by the police.  He immediately surrendered a bag of cocaine and admitted to getting it from Perez.  Perez was apprehended.  Police found 18 individually packaged bags of cocaine in his possession.  Both were charged with distribution of cocaine, possession with the intent to distribute cocaine, conspiracy and a school zone violation.  Batista was also charged with driving without a license. 

It looks like Perez might have some bigger problems as well.  He has outstanding warrants.  One is out of the Worcester Superior Court for trafficking cocaine and possession with the intent to distribute cocaine.  The other warrant is out of the Framingham District Court for possession with intent to distribute cocaine, possession of cocaine and a school zone violation. 

Read Article:  Boston Men Facing Cocaine Charges in Framingham Court

The article is unclear as to why Batista was charged with distribution, possession with intent and conspiracy.  Clearly there is a case for possession of cocaine.  He had the substance in his possession when stopped by the police.  If Batista was the seller in one or more of the undercover buys then the distribution charge makes sense.  As to the conspiracy and possession with intent, the police must show that Batista and Perez were working together to sell the cocaine that Perez was caught with either as joint venturers or co-conspirators. 

Jail time is a distinct possibility for both men in this case.  The school zone charge alone carries a minimum mandatory 2 year jail sentence.  Perez’s trafficking cases carry anywhere from a 3 year mandatory sentence to a 15 year mandatory sentence depending on the amount he was charged with trafficking.

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In January of 2008 Christopher Cook sold 200 OxyContin pills to a cooperating witness.  Then, less than two months later FBI agents caught Cook trying to steal “what he believed to be OxyContin pills for a drug source”.  In November of 2008 Cook pleaded guilty to possession, distribution and attempted possession with intent to distribute OxyContin pills. Cook, a 29 year old Pembroke man who had applied to become a Boston Police Officer will now spend the next eighty seven months in federal prison. 

Read Article:  OxyContin Dealer Gets Seven Years in Federal Prison

OxyContin is a Schedule II drug pursuant to 21 United States Code Section 812.  That section defines Schedule II drugs as substances that have a high potential for abuse, have a currently accepted medical purpose and abuse of which might may lead to severe psychological or physical dependence.  According to federal law it is a crime to possess oxycontins with the intent to distribute the drug.  It is also a crime to attempt to possess oxycontins with the intent to distribute the substance. 

Sentences for convictions of drug offenses are in some cases mandated by statute.  Where there is no mandatory sentence to impose judges regularly refer to the federal sentencing guidelines for guidance on how to sentence someone.  The federal sentencing guidelines give a range of sentencing options that vary depending on the crime and the person who was convicted.  Things such as prior criminal record, the quantity of the drugs and whether or not weapons were used are considered by these guidelines. 

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The New York Daily News reports that former Boston College Basketball player Sean Williams has been arrested and charged with violating a restraining order and trespassing.  Williams has had problems in this area in the past.  He was thrown off of the Boston College basketball team in his junior year for smoking marijuana and has been banned from entering the Boston College campus.  Prior to his expulsion Williams had been suspended for marijuana use. 

Read Article:  http://www.nydailynews.com/sports/basketball/nets/2009/02/16/2009-02-16_nets_sean_williams_arrested_at_bc_over_r.html

The article’s reference to a restraining order violation is somewhat sketchy.  Restraining orders in Massachusetts are governed by Massachusetts General Laws Chapter 209A.  Restraining orders protect family or household members in Massachusetts.  Those individuals are defined as people who 1) are or were married to one another, 2) reside or had resided in the same household, 3) are or were related by blood, 4) have a child together or 5) are in or have been in a substantive dating relationship.  There is no indication that anyone fitting that definition was involved in this incident.

Trespassing in Massachusetts is prohibited by Massachusetts General Laws Chapter 266 Section 120.  The law states that anyone who without authority enters or remains in or on property another, or does so in violation of a restraining order is guilty of trespassing.  A conviction of this offense carries a potential 30 day jail sentence. 

This case will likely be prosecuted in the Brighton District Court. 

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Laura Calverley, reporter for the Attleboro Sun Chronicle reported that a Rhode Island man has been arrested and charged with possession with intent to distribute drugs.  The defendant, Cristian Torres will have to defend against these drug charges in the Taunton District Court.  Details of the arrest are somewhat sketchy.  Apparently Torres was driving in Rehoboth when he was stopped by a local police officer.  Police subsequently located drugs on Torres and in his car; specifically marijuana and Vicodin.  Members of the Bristol County Massachusetts State Police Bristol County Drug Task Force were present for the arrest as well.  According to the article, the quantity of narcotics (unspecified) along with its packaging led police to believe that Torres intended to distribute the controlled substances.  Authorities also located a large amount of cash.  Torres was operating on a suspended license. 

Read Article:  http://www.thesunchronicle.com/articles/2009/02/15/news/4421695.txt

Some pretty interesting thoughts come to mind when reading about this arrest.  First, why was Torres pulled over.  Massachusetts and Federal Laws demand that police officers have a valid reason to pull you over.  You must have violated some sort of law or ordinance.  Police cannot simply pull someone over for no reason.  There is nothing in the article suggesting that Torres was doing something wrong warranting a stop of his vehicle.  The second thought that comes to mind is why were local police and a drug task force were involved in the stop.  Was he being followed or investigated as part of a larger investigation.  Third, what right did the police have to search the interior of Torres’ car.  Many of these questions might well be answered by looking at the police report.  If they are not then perhaps Torres has a legitimate challenge to a violation of his constitutional rights. 

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