Massachusetts Criminal Defense Attorney Blog
The Lawrence Eagle Tribune reported that local police detectives received information from a concerned citizen that a drug deal was underway near a neighborhood convenience store. After receiving the call the police surveilled the store. They observed a car pull up, the driver get out and approach another vehicle. Officers observed the driver, Jason Ayala of Boston then walk into the convenience store. The other vehicle left the area and was stopped by the police at which time its occupants, Michael and Kerry Hagger of Methuen were arrested. The Haggers have been charged with Possession of Heroin and Possession of Cocaine. Ayala was charged with Distribution of Heroin and Possession With Intent to Distribute Heroin and Cocaine. Another individual, Carlos Manuel Rodriguez of Lawrence, presumably a passenger in Ayala’s car was charged with the same crimes as Ayala. Inside Ayala’s car the police found crack cocaine, heroin and cocaine. This case will be prosecuted in the Lawrence District Court.
Here is an interesting fact. The district attorney will most likely not be able to prove the most serious charge against Ayala and Rodriguez, that being the charge of Distribution of Cocaine and Heroin. Here is why. Even though the police saw what they believed to be a drug transaction they never witnessed the actual exchange of items. To win that case the prosecution will need the help of the Haggers. The Haggers will not likely testify against them in that they both have Fifth Amendment privileges they will likely exercise. As to the drugs that remained in Ayala’s car there will be a question as to whose drugs those were. That further complicates the prosecution’s case. All of the defendants also stand a chance of suppressing the stop of the Hagger vehicle. There is an abundance of case law in Massachusetts that suggests that the police must see more than is articulated by this article before they can conduct a stop of a vehicle. A Motion to Suppress the stop, if successful might result in a dismissal of all charges against all of the defendants.
Every case has its own unique set of facts that distinguish it from other cases where the same crime is charged. The Law Offices of Stephen Neyman has successfully defended hundreds of Drug Cases in Massachusetts involving Cocaine, Heroin, Distribution, Possession and Possession With the Intent to Distribute. If you have been charged with a crime call us now at 617-263-6800 or contact us online. We will fight to win your case and get you the best result possible.