In an effort to help combat opiate addiction in Gloucester, Massachusetts, local police have put forth a plan that would offer opiate addicts the chance to get the help they need without having to face the consequences of drug possession criminal charges, reports Boston.com. In a unique approach that attacks heroin demand, rather than the heroin supply streams, Gloucester police are looking at the problem as people who have an addiction that need help rather than rampant criminal activity fueled by dark motives such as obtaining and distributing illegal drugs for profit. Continue Reading
Articles Posted in Drug Crimes
Dudley District Court Is Where Many Drug Trafficking Cases Originate
The courthouse in Dudley serves the Worcester County towns of Sturbridge, Southbridge, Oxford, Charlton, Dudley and Webster. Route 90 crosses this jurisdiction as does Interstate 84. For a rather quiet, rural jurisdiction the amount of drug cases that pass through this court is incredible. Our Boston office is about an hour and a half drive to the town of Dudley. Yet despite the distance we are retained on several serious drug cases in this court each year. Most of these cases involve drug trafficking; usually heroin and sometimes cocaine. While Dudley District Court is where many drug trafficking cases originate, most are resolved in the Superior Court in Worcester. Recent observations about the origins of many of our Dudley drug cases has prompted me to publish this post. Continue Reading
The Fine Line Between Drug Dealer and Drug User
In Massachusetts as in most states there is a fine line between drug dealer and drug user. When people think of drug dealers they usually think about two types of people. One, the street dealer who sells small quantities and makes money on volume. Two, the major trafficker who sells drugs in multiple kilos or pounds. Today, especially with opiates such as heroin or oxycodone, the more common drug dealer is the person who sells just enough to support his or habit. Defending people falling into this category should be pretty easy, right? Guess again. District attorneys are rarely sympathetic to this situation and prosecutions are approached aggressively. Continue Reading
Could Marijuana Become Legal In Massachusetts?
You can add Massachusetts’s lawmakers to the list as the most recent group of state legislators looking into the possibility of legalizing marijuana at the state level. Fifteen lawmakers in Massachusetts are in support of a bill, referred to as H.1561, that would tax and regulate the marijuana industry in Massachusetts, bringing the billion-dollar illegal marijuana trade in Massachusetts into a legitimate business sphere where state coffers can benefit from the sale and taxation of marijuana. In addition to producing a new revenue stream for the state, legalizing marijuana would reduce crime by eliminating minor marijuana criminal offenses. Continue Reading
Are Mandatory Minimum Sentences on the Way Out in Massachusetts?
Just two days ago an article on masslive.com revealed a bold and hopefully accurate prediction by Massachusetts Supreme Judicial Court Chief Justice Ralph Gants . . . that mandatory minimum sentences will be repealed. A decade or two ago a majority of the Massachusetts criminal defense bar could not imagine this would ever become a real discussion. However, less than three years ago mandatory minimum sentences for some drug crimes were reduced and the threshold weight of drugs for certain trafficking offenses was increased. Perhaps the legislature now understands what Justice Gants’ means when he stated that abolishing these types of sentences “makes fiscal sense, justice sense, policy sense and common sense”. Continue Reading
Drug Ring and Execution-Style Attempted Murder Charges for High School Dean
Sometimes crimes can seem like something out of a movie or television drama once all of the facts surrounding the case come to light. A recent incident involving a Massachusetts high school dean and his alleged involvement in a drug ring rises to a level of Hollywood drama worthy of an Emmy nomination. Continue Reading
Texting and Driving in Massachusetts and Probable Cause to Stop a Motor Vehicle
Recently my office has seen a rash of criminal cases originating when the operator of a motor vehicle is stopped for suspicion of texting while driving. The newly enacted law, G.L. c. 90 Section 13B states that anyone caught sending or reading an electronic message while driving will be fined. Fines range from one hundred dollars for a first offense to two hundred fifty dollars for a second offense and to five hundred dollars for a third and all subsequent offenses. Unlike an OUI case, operation for this statute does not include texting while a vehicle is stationary. The police are jumping on this law as justification for stopping people they suspect are up to something other than simply texting. The stops are resulting OUI complaints and various Massachusetts drug crimes charges. Luckily, the law against texting and driving in Massachusetts is one that is difficult to prove and a large majority of these stops will be suppressed. Continue Reading
Getting A Heroin Conspiracy and Possession Case Dismissed
Heroin has become the most problematic drug for prosecutors to deal with in Massachusetts. The number of heroin possession arrests builds everyday. No community is immune. From the most impoverished cities to the most affluent suburbs heroin use and addiction to the drug has run rampant. There is however a lack of consistency in the resolution of these cases from court to court in the Commonwealth. Getting a heroin conspiracy and possession case dismissed can be routine and easy for your lawyer in some courts and an extremely arduous endeavor in others. This post examines how some courts handle these cases and what you should expect from your lawyer if you are charged with a heroin related drug crime in Massachusetts. Continue Reading
Criminal Records and Prospective Employment
If you have a criminal record, it can add a layer of complication to your life when it comes to getting a job. Getting arrested and convicted for a violent crime or a drug crime could have a lingering effect on your career. Under Massachusetts state law, employers are not permitted to ask you about any criminal convictions you have had in the first stage of the application process. This means that on an initial job application, prospective employers may not inquire about your criminal record. However, once you have successfully made it to the interview stage, more information about your criminal past might come out into the open. This post examines criminal records and prospective employment. Continue Reading
Drug Evidence Based On Flawed Lab Results
Imagine facing a drug offense. You were arrested, an alleged “drug” sample was taken from you during your arrest, you were charged, and are now facing trial. What if you learned that during the testing of the alleged “drug” sample, the lab analyst mishandled the sample? What if they merely visually inspected it, rather than conducted chemical analysis on the sample and then reported the result? What if those results were used at your trial? Its simply unfair. However, prosecutors unwittingly used drug evidence based on flawed lab results to obtain convictions. Hiring a lawyer to investigate this occurrence and to overturn your conviction or get you a new trial might be your next step. Continue Reading