Massachusetts Criminal Defense Attorney Blog
According to a report in the Lawrence Eagle Tribune Molly Bowser and her father Joseph Bowser were arrested in Methuen, Massachusetts and charged With Trafficking a Class B Substance and Possession With Intent to Distribute Class B. The Bowsers were observed by a Methuen Police Officer in their car and speaking with some people. It is alleged that during this interaction a drug transaction occurred. Officers searched the Bowsers and their car. They located a plastic bag containing about forty grams of cocaine as well as fifty OxyContin pills. The pills were found in Ms. Bowser’s purse. The case is currently pending in the Lawrence District Court. If the district attorney elects to indict this matter the prosecution will take place in the Essex County Superior Court in Salem.
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Methuen, Massachusetts Drug Crimes Defense Law Firm
Lawrence Massachusetts Drug Trafficking Defense Lawyer, Class B
Once again we are presented an all too common scenario. Police observe people in a car and gathered around a car. They believe they just witnessed a drug transaction. This is followed by a stop, frisk, Search and Seizure of drugs. Suspects are arrested and charges are filed. Initially the accused feels helpless and doomed. They were found in possession of drugs, a quantity of which satisfies the trafficking threshold. They fear the worst. Jail time for a minimum mandatory time period. This sentiment, while understandable is oftentimes premature. As any Massachusetts Criminal Lawyer will tell you, no case is hopeless.
Don’t think for one second that judges in Massachusetts simply adopt the police officer’s representations and permit the case to stand. Take a look at the case of Commonwealth v. Levy, 459 Mass. 2010 (2011) for example. There, a trial judge allowed a Motion to Suppress the seizure of drugs the quantity of which was sufficient to charge a felony as well as a School Zone Violation. In Levy an experienced police officer was staking out a set of payphones known to be used in connection with drug transactions. A car pulled up to the location and one of the phone was used to make a call. The officer then followed the car to a location near the phones. The driver got out and paced around. A few minutes later another car pulled up. The driver of the second car got into the driver of the first cars’ vehicle and drove a short distance away. Believing he had just witnessed a drug transaction the officer stopped the second car and made an arrest. The search was ruled unconstitutional, the drugs were suppressed and the case was dismissed. I would be interested in knowing a few things about this case. What does the police report actually say? Can the officers identify anyone present at the time of the activity? What do local security videotapes show that either confirm or contradict the observations of the officer?
The Law Offices of Stephen Neyman, PC has been defendant Drug Cases in Massachusetts and throughout the country for over twenty years. Our results are excellent. No case is hopeless. There is always a defense. Call us at 617-263-6800 or send us an email to discuss your criminal case. We can help you.