Massachusetts Criminal Defense Attorney BlogDo you ever wonder why “routine” motor vehicle stops often seem to result in major drug busts? How is it that the cops just happened to pull someone over and suddenly find large quantities of drugs in the car, on the driver and in the possession of the passenger? Is it because of good police work? Is it luck? Or is it more likely a violation of your constitutional rights that if properly attacked can result in suppression of the drugs and a dismissal of your case? This post examines a western Massachusetts motor vehicle stop that resulted in three people being charged with felony possession with intent to distribute drugs and conspiracy.
Articles Posted in Drug Crimes
Wareham Drug Trafficking Arrest: Criminal Lawyer Discusses Arrests Based on Surveillance Observations
Drug arrests are posted in media outlets throughout Massachusetts several times every day. The basis for these arrests is often the representation that surveillance of suspected drug dealers was conducted for weeks or months. Usually the suspects are driving cars. The cars are followed by the police and ultimately an arrest is made. What I find suspicious about these representations is that police observe a routine pattern of conduct that they see for a particular period of time. Then, all of the sudden, one day they decide to stop the suspect’s car. And guess what? That day the police find drugs in the car. This post looks at whether benign observations can legally lead to stops, searches, seizures and arrests without more.
Marlborough Massachusetts Heroin Trafficking: Lawyer Discusses What Defendants Are Facing
Drug crimes arrests are made every day in Massachusetts and in virtually all cities and towns. No municipality is immune to the current drug problems plaguing this state. Newspaper articles of arrests and drug busts flood the internet daily in support of this statement. What many articles do not make clear however is what exactly happened. Rather, there is a tendency to post headlines only; i.e. that an arrest was made in a particular town for a particular charge. You don’t know how the arrest was made, why the arrest was made or just how strong the district attorney’s case is relative to the person being charged. Take for example the recent arrest of Brandon J. Sones and Michael Russell, two twenty-four year old men arrested in Marlborough and charged with a variety of Massachusetts drug crimes. Just how serious are these cases? What if anything will they be convicted of? What did they really do? Based on the press release alone this post takes a look at some thoughts I have in this case.
Brockton Heroin Arrest: Possession or Possession With Intent?
Police and district attorneys in Massachusetts have a tendency to charge people with crimes that are much more severe than the crime that they believe was actually committed. They are not supposed to do this. They are supposed to charge people solely for the crime they truly believe was perpetrated. The classic example of this is Massachusetts drug cases. Take for instance the case of Andre Jacobs, a twenty year old Stoughton, Massachusetts resident who was approached in his car by the police for a purported motor vehicle infraction. When the police approached him he made some “furtive movements” that led the officers to search. They found five and one half grams of heroin and some cash. Jacobs was charged with possession with intent to distribute heroin. This is a felony in Massachusetts and a very serious one at that. But why was Jacobs charged with possession with intent as opposed to simple possession? The answer is easy. Because that is the larger crime and one that is punished more severely in Massachusetts. This post examines the motives behind criminal charges in Massachusetts, particularly as they relate to drug crimes.
Heroin Possession in Lawrence Massachusetts: Hire a Criminal Lawyer
Once again I wake up and grab the local Lawrence, Massachusetts newspaper and read about another heroin bust. This one involved an investigation spanning Lawrence, Haverhill and Methuen, Massachusetts. The arrests were made after a brief investigation into local heroin use following several local overdoses, some fatal. The first thing that catches my eye is the case of Carl Saccoccio from Somerville who apparently drove to Lawrence to purchase a bag of heroin. Whether this was for recreational purposes or to support a habit is unclear but for certain there was no felonious intent. So what happened here is that rather than catch dealers or suppliers the cops caught, arrested and charged users. Catching users is apparently easier than catching distributors. This article identifies Saccoccio and fourteen others as being arrested for possession of heroin. No one was arrested for dealing. Most of the arrestees had outstanding warrants and I would be that nearly all of them have criminal records for drug convictions. Six of the individuals arrested are from New Hampshire or Maine.
I Have a Criminal Case in Massachusetts and I am in Default. What Is Going to Happen to Me?
Several times each week someone calls my office with this question. The answer varies from case to case. The consequence of defaulting from your obligations in the Massachusetts criminal courts is extremely fact specific. Much depends on when you defaulted and why you defaulted. Some situations are considered quite serious. Others are not. This post summarizes the most common scenarios people face when defaulting. No matter what category or example seems to fit your case it is important to consult with a lawyer if you are in default. There is probably a warrant out for your arrest and you will need a criminal defense lawyer to protect your rights.
In Massachusetts Cases Can Be Dismissed Prior to Arraignment
In late November of this year the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Humberto H. The issue on appeal was 1) whether there existed sufficient evidence to sustain the complaint and 2) whether the judge had to arraign the defendant prior to dismissing the complaint.
Here is a brief history of the proceedings. The defendant was charged with possession with the intent to distribute marijuana. Prior to arraignment he moved to dismiss the complaint on the grounds that there was an absence of probable cause sufficient to sustain the charges. The judge agreed with the defense that the case should be dismissed. However, he believed that the defendant needed to be arraigned for him to do so. The defendant was thus arraigned after which the case was dismissed. The government appealed the judge’s ruling.
The court found as facts the following:
In January of 2011 the defendant entered his high school late. Upon his entry authorities smelled a strong odor of marijuana on him. The defendant was then confronted and subsequently searched. Found in his possession were five bags of marijuana that the police believed he possessed for the purpose of distribution. The initial arraignment was continued in order to give the defense the opportunity to file a motion to dismiss prior to arraignment. The motion was filed and allowed but only after the accused was arraigned.
In its opinion the court found dismissal of the complaint proper. The mere presence of five bags of marijuana without more fails to support probable cause to believe that the defendant possessed the intent to distribute. The weight of the drug was minimal. Its street value was nominal at best. There were no drug distribution paraphernalia in the possession of the accused and he made no admissions supporting the issuance of the complaint. This aspect of the Humberto H. opinion was not novel. Rather, it was corroborative of established case law requiring the prosecution to show more than the presence of multiple packages of drugs to support a complaint alleging the intent to distribute.
The next issue decided by the Court made new law in Massachusetts. Now, at least in the juvenile courts judges can dismiss cases prior to arraignment. The rationale for the decision is interesting. The Court voiced concern that once arraigned the juvenile will have a court record showing involvement with the system. This is a permanent record that can be accessed by certain designated authorities. At subsequent proceedings, particularly bail hearings, prosecutors often argue that the defendant has “multiple entries” on his record regardless of how those matters were disposed. In conferring this new right to juvenile defendants the Court further held that this issue has been addressed in other cases without having been definitively decided and the time is now ripe for settling this issue. Finally, this issue was believed to be one of public importance that required a resolution.
Here is what remains unresolved. Is this opinion going to be made applicable to adult cases? I believe it will. Right now, some judges will dismiss complaints in the adult court on motions prior to arraignment. Others will not. I imagine we will now see a trend where these motions are allowed prior to arraignment. I also expect this matter to be litigated in the appellate courts shortly as well.
Taunton Massachusetts Couple Face Drug Trafficking Charges After Parole Violation Investigation
Just yesterday Taunton, Massachusetts police were investigating “a potential parole violator” on Crossman Street. Around 5:30 p.m. they went to a home at that address due to their belief that Jason DaGraca was in violation of his parole. When the police arrived they searched a car in the driveway. In it they found a quantity of marijuana consistent with drug possession, possibly enough to satisfy the elements of possession with the intent to distribute. The officers then entered the home where they found some paraphernalia consistent with drug usage. The officers continued their search of the home. They observed some ceiling tiles that suggested to them that something might have been secreted in the ceiling. They continued their search and found enough heroin and cocaine to bring charges of trafficking class A and trafficking class B. DaGraca has been charged with Trafficking Cocaine, Trafficking Heroin, Possession With the Intent to Distribute Marijuana and more. His girlfriend who was also present was charged with the same crimes. Police also found a hypodermic needle, cash and a digital scale during their search. Reis’ parents and two children were in the house at this time as well.
Read Article:
Bristol County Drug Defense Law Firm
Lawyers Who Defend Drug Cases in Taunton, Massachusetts
If this article is accurate and complete then there are countless defenses to these charges that could succeed prior to trial and after trial. Here are some initial thoughts: 1) what were the police doing searching a car in the driveway? 2) did they have a search warrant? 3) who’s car is it that they searched? 4) where in the car were the drugs located? 5) how did they get into the house to search? 6) was there a search warrant or did they have “consent” to enter? 7) what if anything justified the search of the home once they were inside? 8) what did the ceiling tiles look like prior to the officers entering the home? 9) in what part of the home were the suspicious ceiling tiles located? 10) how are the police able to attribute criminal activity to DaGraca and Reis as opposed to anyone else in the home or with access to the home? 11) were any statements made by either of the defendants?
Cases like this one are often replete with facts that warrant a challenge to the permissibility of the evidence at trial or the sufficiency of the evidence as to the individual defendants. I can see where motions to dismiss or motions to suppress might be dispositive here. I can also see where, recognizing flaws in its case the prosecution might look to resolve the matter favorable to either of the defendants or both. This appears to be the kind of case that criminal attorney dream about defending.
North Andover Drug Crimes Attorney Analyzes Methuen Drug Case
According to The Lawrence Eagle Tribune three Methuen Massachusetts people have been charged with trafficking more than thre-hundered grams of heroin, possession of a class A substance with intent to distribute and related gun offenses. The Tribune indicates that police responded to an apartment on Railroad Street in Methuen, MA due to a complaint of alleged domestic disturbance. Apparently, after the police entered the apartment they heard a “noise in the bedroom” and an occupant ran outside who was eventually apprehended and faces additionally charges of disorderly conduct and resisting arrest.
However, the authorities who stayed behind claim to have seen “in plain view” bags of heroin. Based on this observation the police applied for and apparently was granted a search warrant. Upon searching the apartment it appears that a substance believed to be heroin and two rifles were confiscated. The Tribune reports that in addition to the drug offenses three people are also facing charges for possession of a firearm without and FID card, illegal possession of a firearm without a license to carry, improper storage of a firearm, possession of a large capacity feeding device and unlawful possession of ammunition.
An aggressive and experienced defense attorney will carefully examine the circumstances surrounding the entry of the authorities into the apartment, into the bedroom and the alleged “plain view” observation of the alleged “heroin” in the “closet.” In Massachusetts, citizens have a reasonable expectation of privacy on their person and in their homes, Thus, the police cannot enter someone’s home without probable cause or consent. Although all of the facts of this case are not known at this time, if the police have been in the apartment or the bedroom it may be a situation in which a motion to suppress the entry into the apartment and evidence seized as a result of that entry.
Lowell Criminal Lawyer Defending Drug Case Might Get Felony Dismissed
A Lowell, Massachusetts criminal defense lawyer defending a man accused of a couple of drug felonies might get the charges dismissed. Just two days ago the lawyer complained that the prosecution was in violation of an order to produce potentially exculpatory evidence. According to reports the prosecution was given until Monday to produce information confirming that the informants used in this case were not the same informants previously publicly deemed unreliable. The prosecution did not produce the affidavits. Instead, the district attorney’s office passed blame to the police claiming that they never produced the requested and necessary affidavits. The judge extended the time for compliance until Thursday. If the documents ordered are not ready by that time then all evidence attributable to the informant’s efforts will be excluded at trial.
The underlying case here stemmed from a search warrant executed at a Lowell apartment. The affidavit in support of the warrant was predicated in part on information learned from two confidential informants. During the search officers located Oxycodone, and cocaine, a class B substance the quantity of which justified charges of possession with the intent to distribute, a felony in Massachusetts. The district attorney also charged with defendants with conspiracy. Drug paraphernalia was also found during the search. The informants in question were believed to have fabricated evidence in other instances that ultimately resulted in the dismissal of seventeen cases.
Read Article:
Lowell, Massachusetts Drug Charges Defense Law Firm
This case demonstrates the value of having a persistent criminal defense lawyer. Here, the lawyer understood that cases in Lowell using dirty informants had been revealed. He also learned that several cases where those individuals were used had been dismissed. In this case, I am assuming that the fact of the case did not require the disclosure of the informant’s identity. So, the defense attorney kept fighting. He moved for confirmation that the bad informants were not used in this case. It is no wonder why the judge has threatened what will ultimately be a dismissal of this case. If the prosecution is unable to put together written confirmation under oath that these people were not involved in this investigation there is a strong suggestion that they were in fact somehow connected to this prosecution thereby warranting sanctions.
This case also shows how judges might hold the prosecution to a high standard of integrity. Compelling them to produce sworn statements showing that there is nothing illicit about this investigation promotes confidence in the system. And if these arrests came about as a result of tainted information the cases simply should be dismissed. The district attorney in this case should really be relieved by the judge’s order if he or she has any doubt about the credibility of these informants. Presenting dirty evidence creates the possibility of sanctions against the prosecutor, something that is entirely avoidable in this case.