Articles Posted in Firearms

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Leandra Patterson of Framingham was arrested last Wednesday night after police, acting in an undercover capacity learned that she had been offering Sex For a Fee. According to a report in the Metrowest Daily News, a Framingham Police Detective called a number listed on an internet website, backpage.com. The ad described a woman who assured satisfaction. The woman agreed to meet the undercover officer at an apartment on Worcester Road (Route 9). The officer arrived and a price of one hundred sixty dollars was requested for all inclusive sex acts. Patterson was then arrested. She had a loaded firearm in her bedroom and no FID card. The next night officers re-appeared at her home after another ad appeared on the same website. Patterson has been charged with Sexual Conduct For a Fee and Unlawful Possession of a Firearm and Ammunition.

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http://www.metrowestdailynews.com/news/police_and_fire/x938335995/Framingham-woman-faces-prostitution-charges

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Framingham, Massachusetts Prostitution Defense Lawyer

Massachusetts General Laws Chapter 272 Section 53A states that anyone who engages or offers to engage in a sexual act for a fee shall be punished by up to one year in jail. This crime is a misdemeanor meaning that there is no state prison sentence authorized. This crime is simple to prove and simple to defend. Either a jury believes that the accused had the intent to engage in the act or in fact did engage in the act, or it does not believe this to be the case. There is very little case law on the subject.

So how are these cases usually resolved? If Patterson does not have a criminal record an Experienced Massachusetts Criminal Lawyer should be able to have the charges continued without a finding. This would mean that if Patterson successfully completed a period of probation the case would be dismissed.

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Police in Marlborough, Massachusetts searched the home of Konstantin Berger Tuesday after obtaining a Search Warrant. Once inside officers located an assortment of prescription drugs and some marijuana. They also found some cash and packaging agents along with a canister of mace. Berger stands charged with Possession With Intent to Distribute Drugs and Conspiracy. He is also facing a Firearm Charge.

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http://www.metrowestdailynews.com/news/police_and_fire/x1097218331/Marlborough-man-arrested-on-drug-charges

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Marlborough, Massachusetts Drug Crimes Defense Lawyer

Massachusetts General Laws Chapter 269 Section 10(h) makes it a crime to possess ammunition. The crime is a misdemeanor punishable by up to two years in the house of correction. “Ammunition” as defined by G.L. c. 140 Section 121 included mace. The proof against Berger is not set out in this article. As with all Search Warrant cases obtaining a conviction depends on where the contraband was found and the links if any of the defendant to the substance. If for instance Berger had roommates and the substances were found in their rooms or clothing proving him guilty of these offenses would be far more difficult that if he had been hovering over the drugs and ammunition when the officers executed the search warrant. It appears that someone other than Berger was present in that the crime of Conspiracy was charged. The law requires more than one person to sustain a prosecution for conspiracy. The defenses in cases like this one are countless.

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This past weekend Brockton, Massachusetts police attempted to pull Dana Tate over for alleged Motor Vehicle Violations. An officer began speaking with
Tate who suddenly took off. A chase ensued. Tate crashed his vehicle into a tree and a snow bank. He then took off as on foot as did his passenger, Dwayne Douglas who is from Dorchester. In the course of their pursuit police located a firearm and twenty six grams of cocaine that had apparently been tossed. Officers also found over three thousand dollars cash in the car. Both men were arrested. They have been charged with Trafficking Cocaine, Illegal Possession of a Large Capacity Firearm, Possession of Ammunition and a School Zone Violation.

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http://www.enterprisenews.com/news/cops_and_courts/x1260129839/Two-charged-in-Brockton-with-cocaine-trafficking-and-gun-violations

Brockton Massachusetts Cocaine Trafficking Defense Lawyer

The starting point for a defense investigation in this case is the legality of the initial stop. The article states that Tate was suspected for having committed Motor Vehicle Violations. What were these if any? What right did the officers have to stop the vehicle? What did they ask Tate initially or more importantly what did they do during the initial stop? Finally, were there any independent witnesses to the stop. Next, where were the drugs found? What links these defendants to the drugs? Were there any prints on the drugs? Who tossed the drugs? Who witnessed this? The same analysis applies to the gun. Finally, did the defendants admit to anything. The answers to these questions and questions like these usually provide a basis for a defense in a criminal case.

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Yesterday a Lawrence, Massachusetts police detective went to Miguel Francisco Acosta’s home on Myrtle Street to serve him with a Restraining Order. On the way there the detective was notified that Acosta had an outstanding warrant. When the officer and his backups arrived they were permitted entry by a female. Acosta was present. He was arrested. The police gave him the opportunity to get some pants on. They followed Acosta into the adjoining room and found a significant amount of Marijuana, Heroin, Drug Trafficking Paraphernalia and a Handgun. Acosta has been charged with Trafficking a Class A Substance, Possession With Intent to Distribute Marijuana, a School Zone Violation, Intimidation of a Witness, Unlawful Possession of a Firearm and Assault With a Dangerous Weapon. The case is currently pending in the Lawrence District Court however it is probable that the prosecution will end up in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x1758586621/Lawrence-man-arrested-on-drug-assault-charges#

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In preparing to defend this case Experienced Massachusetts Drug Defense Attorneys would investigate several facts. Did the woman who allowed the police to enter the home have the authority to do so? Was there a valid outstanding warrant to arrest Acosta? Did Acosta really invite the officer into the bedroom when he was putting on his pants? Who owned or rented the home? Who else stayed in the bedroom where the drugs were located? Did that person or people have a criminal record for drug offenses. Where in particular were the drugs located in the room? In a hidden place or in plain view? What about the Firearm? Where was that located? The answers to these questions might provide the basis for a viable defense to these charges. A proper defense might result in Acosta not having to serve the mandatory jail time associated with these crimes.

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Joel Matias of Lawrence, Massachusetts received good news yesterday when he entered a Lawrence District Court courtroom and had an Assault With a Dangerous Weapon case against him dismissed. That case involved a shooting that occurred this past summer after two groups got into a fight and someone fired a handgun. After getting the case dismissed Matias went down the hallway to get an electronic monitoring device removed. While doing so he allegedly passed two girls and called them snitches. The device was removed and Matias was arrested and charged with Witness Intimidation.

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http://www.eagletribune.com/local/x1168755064/Assault-charge-dismissed-teen-arrested-in-courthouse

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Massachusetts Witness Intimidation Defense Lawyer

The Witness Intimidation statute in Massachusetts is quite broad. The law, G.L. 268 Section 13B, makes it a crime for anyone to either directly or indirectly threaten, injure, or attempt to do harm to anyone who is a witness to or someone interested in a criminal matter at any stage. The statute also prohibits giving gifts to or in any intimidating such people. A conviction for this crime carries a potential ten year state prison sentence. The district court had jurisdiction of these charges as well and there is a maximum two and one half year sentence for anyone convicted in that court for intimidating a witness. As a Massachusetts Criminal Defense Lawyer I would like to know who witnessed Matias make the threats. It makes no sense that someone who just got his case dismissed would be making threats as such in the courthouse. Usually witnesses are intimidated in an effort to prevent them from testifying against someone. This occurs before the resolution of a case, not once the case has terminated. This situation sounds like someone took exception to the dismissal and wanted to keep Matias on his heels.

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Last week Boston Police responded to a call for a Breaking and Entering on Seaver Street. At around 1:00 a.m., shortly after receiving the call, officers spotted a subject fitting the description of the suspect walking nearby with two other individuals. As police approached they noticed the defendant, Antoine Lewis of Randolph, Massachusetts appearing to be carrying a heavy object in his jacket pocket. The police and Lewis engaged in a struggle. The officers seized a loaded nine millimeter handgun. Bail was set at fifty thousand dollars cash. Lewis already served more than two years for a prior gun possession charge. Lewis will likely be charged with Illegal Gun Possession in the Suffolk County Superior Court.

Massachusetts Gun Possession Defense Attorney

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Boston Firearm Defense Lawyer

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Illegal Gun Possession in Massachusetts is made a crime under Massachusetts General Laws Chapter 269 Section 10. For people like Lewis who are charged with a second offense a conviction carries a mandatory five year state prison sentence and a maximum seven year sentence. Being properly licensed with a carrying permit and a firearm identification card serves as an affirmative defense to these charges. For Lewis however it appears that these defenses are not viable. Attacking the legality of the stop, Search and Seizure is always a tact to take and might be the only possible avenue for relief in this case. Regardless, Lewis’ Massachusetts Criminal Defense Lawyer has his work cut out for him.

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Around 7:00 p.m. last Thursday night Lynn, Massachusetts Police responded to a call reporting shots on Landers Street. The officers were directed to a man who was bleeding from his shoulder and had apparently been shot. While investigating the incident the officers noticed bullet holes at 7 Lander Street. The officers went into the home to look for shooting victims. No one was home. The officers continued to search the home. They opened a closet and a metal box inside the closet. Inside they found ammunition. Police then applied for and obtained a search warrant. They returned and found Sereca Prom at the residence. They continued their search and found several bags of marijuana. Prom supposedly confessed that the marijuana was hers. She has been charged with Possession of Ammunition and Possession of Marijuana. The case is being prosecuted in the Lynn District Court.

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Lynn, Massachusetts Marijuana Possession Defense Lawyer, Ammunition Possession Defense Lawyer

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Once again, the strength of the district attorney’s case here hinges on the legality of the initial search. While typically there is a requirement that no search be conducted without a Search Warrant, there are exceptions. Potentially applicable to this case is the “exigent circumstances” exception. Police are permitted in certain situations to bypass the search warrant requirement where they need certain flexibility to the events at the scene of a crime. Here, the prosecution will argue that the officers were permitted to enter Prom’s home to attend to possible shooting victims. The defense will likely argue that once they found no victim they had a duty to leave the home. The subsequent search violated Prom’s rights requiring suppression of the ammunition seized. Additionally, the Search Warrant was obtained on the basis of unlawfully found evidence. The defendant will argue that the Search Warrant therefore should not have issued and that the subsequent search of Prom’s home should be suppressed.

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Dwayne Day of Braintree and his brother Michael Day of Boston, have been charged in the Quincy, Massachusetts District Court with Drug Conspiracy, School Zone Violation, Trafficking Cocaine, a Class B Substance, Possession of Ammunition and Gun Possession. According to reports, police in Braintree, Massachusetts had been conducting an extensive drug investigation in the area of McCusker Drive. This past Wednesday a Braintree Police detective observed the Day brothers in a car in a parking lot of an apartment complex. Once the Days noticed the detective they fled the area. Another officer stopped the car claiming it had “failed to signal”, a civil Motor Vehicle Violation. The Days were detained until a patrol officer with a drug sniffing dog was summonsed to the scene. The dog alerted the officers to drugs in the car’s center console where over fourteen grams of cocaine were found. Officers then applied for and obtained a search warrant for one of the brother’s homes on McCusker Drive. Inside the home the police found more cocaine and two guns. Bail has been set of fifteen thousand dollars cash.

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http://www.patriotledger.com/news/cops_and_courts/x171129091/Braintree-bust-nets-two-on-drug-and-gun-charges

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Braintree, Massachusetts Drug Defense Lawyer, Norfolk County Cocaine Trafficking Defense Lawyer

Once again, as with many drug cases the legality of the Search and Seizure becomes critical to the Day brothers’ defenses. While the officers can justify their stop of Day if in fact he did fail to signal they cannot justify holding them longer than is necessary to issue a citation. Massachusetts Courts have held that an investigative detention must be temporary and must last no longer than necessary to effectuate the purpose of the stop. The continued detention of a motor vehicle operator and passenger after the operator had satisfied the purpose of the stop for speeding by producing his license and registration was ruled unlawful by the Massachusetts Supreme Judicial Court. Similarly, a forty-minute detention of defendant’s vehicle by six troopers who blocked the front and back of the vehicle with their cruisers was inconsistent with an investigative stop and constituted an arrest. In this case, it is unclear why the police called for the drug sniffing dog and why the Day brothers were held longer than was necessary to issue the ticket. No doubt the Day’s lawyers will file a Motion to Suppress. If successful the case would likely be dismissed.

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This past weekend Lawrence, Massachusetts police responded to a call for a fight.
While on their way to the scene the officers were apprised that shots were fired. They arrived and saw two men fleeing. Officers were initially able to stop Rafael Ortega. Ortega’s girlfriend told the police that she and Ortega were at a party. A couple of guests arrived and trouble started. One of the guests called the girlfriend a name. She pushed him in the face. He responded by punching her in the face. Ortega came to her defense. The man was armed. Ortega disarmed him to protect himself and his girlfriend. He also fired one or two shots to scare the individual away. When he heard the police cars Ortega fled and discarded the weapon. He told this story to the police and led them to the weapon. Ortega has been charged with Discharging a Firearm Within 500 Feet of a Dwelling and Within 100 yards of a Street, Possession of a Firearm, Carrying a Firearm and Possession of Ammunition. The case is pending in the Lawrence District Court. This case might be indicted and prosecuted in the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x124776832/Two-facing-gun-charges-following-fight

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Massachusetts Gun Charge Lawyer

If Ortega’s story is true he has a legitimate defense to this case. Massachusetts law permits you to defend yourself. Ortega had every right to disarm his assailant. When he did, his possession of the weapon did not constitute a crime. Rather, this is lawful behavior consistent with self-defense or the defense of another, his girlfriend. What gives Ortega’s story a ring of truth is twofold. One, his girlfriend provided this information to the police at the time of the incident thereby quieting any thought of this being a fabrication. Second, Ortega was cooperative with the police and essentially told the same story. It would not surprise me at all to see Ortega acquitted either after a trial or after a motion to dismiss.

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Police in Marlborough, Massachusetts were conducting an investigation that led them to an apartment on Main Street. The investigation resulted in the application for and issuance of a Search Warrant at that apartment. Last Thursday night the Search Warrant was executed. Officers found a twenty two caliber handgun, loaded. They also found some Drug Paraphernalia such as scales and packaging agents. The apartment was rented to Evan Higgins who was not home at the time the search warrant was executed. Higgins was not home when the Search Warrant was executed. The police however located him later that night. Higgins was arrested. In his car the police found another handgun and a Class B drug. He has been charged with Carrying a Firearm, Possession of a Firearm, Possession With the Intent to Distribute Class B and a School Zone Violation.

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http://www.metrowestdailynews.com/news/police_and_fire/x1177408402/Police-arrest-Marlborough-man-on-gun-and-drug-charges

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Marlborough, Massachusetts Drug Crimes Defense Lawyer

As a Massachusetts Criminal Defense Attorney who handles Drug Cases on a daily basis I would like to know what in fact the police investigation showed prior to their applying for a Search Warrant. On several occasions in the past I have blogged on the requirements for obtaining a Search Warrant in Massachusetts and the attacks that can be made on the constitutionality of the search. I have also blogged on various defenses that can be raised in the event the Search is upheld as constitutional. In this case, I would also like to know who if anyone Higgins lived with, the configuration of the dwelling, the presence or absence of clothing belonging to someone other than Higgins and the neighbors’ observations regarding the tenant of that apartment. Simply finding drugs or guns in someone’s home does not mean that the person targeted by the police was responsible for the contraband.

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