Massachusetts Criminal Defense Attorney Blog
A twenty four year old Medford, Masschusetts man, Brian Falasca was attempting to visit an inmate at M.C.I. Framingham this past weekend. During a search of his person prison guards found a suboxone pill in his shirt pocket. Falasca was interviewed. He denied intending to give the pills to the inmate. He claimed to have forgotten that he had the pills in his pocket. Subsequently, Falasca’s car was searched. In it authorities found forty five additional suboxone pills, some cash and Marijuana. Falasca has been charged with Possession With the Intent to Distribute Suboxone, Conspiracy to Violate the Controlled Substance Laws and Delivering Drugs to a Prisoner. The case is being prosecuted in the Framingham District Court.
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http://www.metrowestdailynews.com/news/police_and_fire/x1712042048/Man-charged-with-bringing-drugs-to-Framingham-inmate
Framingham Massachusetts Drug Crimes Defense Law Firm
Delivering Drugs to a Prisoner is a felony punishable by up to five years in state prison in Massachusetts. The crime is set out in Massachusetts General Laws Chapter 268 Section 28 which states that “[w]hoever gives or delivers to a prisoner in any correctional institution, or in any jail or house of correction, any drug or article whatever, or has in his possession within the precincts of any prison herein named with intent to give or deliver to any prisoner any such drug or article without the permission of the superintendent or keeper, shall be punished by imprisonment in the state prison for not more than five years, or in a jail or house of correction for not more than two years, or by a fine of not more than one thousand dollars.” There is very little case law on this crime. The law is cited in two unpublished criminal cases and one non-criminal case. If the act of distribution or attempted distribution is witnessed by prison guards or others the case is difficult to defend. However, in this case a defense might be more successful.
Falasca’s intent to deliver the drugs to an inmate has to be proven beyond a reasonable doubt by the prosecution. That might be a difficult task in this case. Suboxone is a drug used to treat opiate dependence. It is a medication that necessitates a prescription. It also has a street value and can be crushed and snorted to provide effect. Many people find it addicting in and of itself. Even if Falasca cannot produce a prescription the issue of his intentions is still material at trial. For instance, if he can show a heroin addiction a jury might well believe that he was trying to fight his urges through this medication. Or, he might have a dependency on this drug. Inadvertently possessing the substance does not indicate an intention to distribute or deliver the substance so proving this aspect of his case might be difficult.
As to the other counts, it is clear that challenging the Search and Seizure of Falasca’s car and its contents will be an issue in this case. A successful motion to suppress will result in the exclusion of the forty five bags of suboxone, the marijuana and the cash as evidence at a trial against this defendant.
If you need help with a case you need a Massachusetts Criminal Lawyer. Call Attorney Stephen Neyman at 617-263-6800 or send us an email. Defending criminal cases in Massachusetts and throughout the country is what we do.