Massachusetts Criminal Defense Attorney Blog
Fox News reported that Marc Bellino, a 26 year old Braintree, Massachusetts was arrested and charged with drug and weapons offenses. Charges are pending in the Quincy District Court. According to reports police received information that there was a problem at 11 Zana Park Drive, the address where Bellino lived with his parents. When police entered the premises they located white powder consistent with cocaine and related drug distribution paraphernalia including a scale and razor. Authorities further allege that Bellino admitted to having more drugs in the house along with a sawed-off shotgun, some handguns and an assault rifle. Serial numbers were obliterated from the firearms and Bellino did not have licenses to possess the weapons.
So what are the possible charges Bellino faces? First is the cocaine. If the quantity totals less than 14 grams he can be charged with possession with the intent to distribute cocaine. This would be a violation of Massachusetts General Laws Chapter 94C Section 32A. To convict Bellino of these charges the prosecution will have to proved beyond a reasonable doubt that he possessed a certain amount of cocaine and that he did so with the intent to distribute the cocaine rather than keep it for personal use. The prosecution will likely use the scale and firearms as evidence to show that Bellino was in the business of distributing cocaine. If convicted and he has no prior convictions for this offense, Bellino can be sentenced to up to 2 1/2 years if the case is prosecuted in the district court or up to 10 years if the case gets indicted to the superior court.
The possible firearms charges are possession of a firearm in violation of Massachusetts General Laws Chapter 269 Section 10. Of particular not is the sawed-off shotgun. If the case remains in the district court a conviction carries a minimum mandatory 18 months in the house of correction. If indicted to the superior court there is a minimum mandatory 2 1/2 year state prison sentence. More importantly, this charge carries a possible life sentence.
Possession of drug paraphernalia is a misdemeanor punishable by up to 2 years in jail. It is a violation of Massachusetts General Laws Chapter 94C Section 32I to possess such materials. In this case, the razor and electronic scale are alleged to by the prohibited paraphernalia. The sentences in this case can be consecutive whether or not the case is resolved in the district court or the superior court.
Possible defenses in this case involve the legality of the entry to Bellino’s house. It does not appear that the police had a warrant nor is there any indication that some sort of emergency preceded the entry. Typically in cases such as this motions to suppress are filed. If allowed, much if not all of the evidence is excluded from trial. Oftentimes this results in a dismissal of the case due to the fact that the prosecution is unable to proceed with its case.
Attorney Stephen Neyman is a Boston and Quincy Drug Crimes Defense Lawyer who has defended cases like this for his entire career. Our office has tried and won these types of cases. We have filed, argued and won motions to suppress evidence seized in circumstances similar to these. If you have been charged with a crime such as these please call us now to discuss your case.