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Courts.jpgMembers of the Essex County Drug Task Force concluded an investigation into illegal drug activities of four Lawrence, Massachusetts men. The result was Drug and Gun Charges. Apparently the investigation was initiated by a hand to hand sale of drugs by an man named Amado Colon to an undercover official. Once Colon was arrested a Search Warrant was obtained and his Morton Street home was searched. During the search officers located enough heroin to justify the filing of Cocaine Trafficking Charges and Possession of a Firearm. Colon has also been charged with a School Zone Violation and Possession with the Intent to Distribute Heroin. The investigation also resulted in the arrests of three other Lawrence, Massachusetts men. Pedro Berroa was charged with Trafficking Over 28 Grams of Heroin, Conspiracy and a School Zone Violation. Luige Cabrera was charged with Conspiracy, a School Zone Violation and Trafficking Over 28 Grams of Heroin. Laura Cabrera was charged with Selling Drug Paraphernalia, Trafficking Heroin, a School Zone Violation and Conspiracy. The cases will ultimately be prosecuted in the Essex County Superior Court in Salem. Bail for the defendants ranged from fifteen thousand dollars to one hundred fifty thousand dollars.

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Essex County Drug Defense Lawyer

One of my clients recently asked me a very simple question that as a Massachusetts Criminal Lawyer I often take for granted. He wanted to know just what is meant by “conspiracy”. Almost every person charged with a Drug Case in Massachusetts faces a count for Conspiracy. The legal definition for Conspiracy in Massachusetts is a combination of more than one person, acting together in some fashion with the intention of accomplishing a criminal objective or two or more people acting with criminal means to accomplish something that is not necessarily itself criminal in nature. One Massachusetts Criminal Case stated that “conspiracy as a criminal offence is established when the object of the combination is either a crime, or if not a crime, is unlawful, or when the means contemplated are either criminal, or if not criminal, are illegal, provided that, where no crime is contemplated either as the end or the means, the illegal but non-criminal element involves prejudice to the general welfare or oppression of the individual of sufficient gravity to be injurious to the public interest.”

We typically see a common pattern of facts when someone is charged with Conspiracy only. That person is usually present when others are either using, selling, possessing, possessing with the intent to sell, trafficking, manufacturing, cutting, guarding or buying drugs. The police lack probable cause to charge this person with a substantive offense, i.e. possession or distribution of the drug. But, their belief is that since the person was present at the scene of the crime, and somehow associated with the drug dealers, he or she is conspiring with that person and will be charged with a crime. It is very likely that in these circumstances, an Experienced Massachusetts Criminal Lawyer will succeed in getting that charge, particularly if it is the only charge, dismissed against his client.

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Yesterday the Massachusetts Appeals Court issued its opinion in Commonwealth v. Podgurski, 10-P-2135 holding that the trial judge committed reversible error when she refused to permit the defense to offer its entrapment defense and refused to instruct the jury on the issue. The facts in Podgurski are as follows. In September of 2005 Brockton Police began watching the defendant’s home. On October 5, 2005 an informant arranged a meeting between the defendant and an undercover police officer. This occurred at the defendant’s home. At that time Podgurski sold Percocets to the undercover officer. The next day another controlled buy was arranged, again at the defendant’s home. Surveillance watched the house during the deal. Shortly thereafter Podgurski left his home by car. He was stopped. He was arrested. The car was searched. A significant weight of drugs was found in the car. More than enough to support a trafficking indictment. A Search Warrant was obtained and Podgurski’s home was searched. More drugs were found as was some Drug Paraphernalia. The defendant testified that on the date of his arrest a man who knew through a drug related acquaintance came to his home and gave him Oxycontin and Percocets. Podgurski tried to show that he delivered the drugs because he was afraid for his family in that the person who provided him with the drugs was a member of a motorcycle gang and had coerced him into doing so. The defense tried to show that this person and the informant had also threatened his family. Defense counsel sought to establish that the informant was setting him up in order to get himself out of trouble. The trial judge rejected all defense efforts to introduce such evidence. As to this issue, the Massachusetts Appeals Court stated “Entrapment by law enforcement involves ‘implanting criminal ideas in innocent minds and thereby bringing about offenses that otherwise would never have been perpetrated.'” To establish an entrapment defense the defendant must simply show an inducement by the government to commit the crime. The district attorney must then show beyond a reasonable doubt that either the defendant was predisposed to committing the crime or that there was no government inducement. The defendant is permitted to inquire about the relationship between the government and the informant. Podgurski was denied this right. Podgurski was also deprived of an opportunity to elicit testimony that the informant threatened his family should he not deliver the drugs. The Appeals Court found this too reversible error as it bore on Podgurski’s state of mind. In essence, the defendant was denied his right to present a defense at trial.

Also at trial the prosecutor had the police weigh the drugs on a police scale in front of the jury. The drugs, Oxycodone, weight nearly sixty grams thereby satisfying the requirement for Trafficking Oxycodone over 28 Grams. The defendant objected to this strategy. The Massachusetts Appeals Court held that this was error. The district attorney failed to lay a proper foundation for the admissibility of such evidence. To do so, it must first show that the device is accurate. There must be a showing of proper calibration. This can be done by getting the device tested by a neutral, non-government agency or by using a known object with a know weight as a test for the device.

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Commonwealth v. Podgurski, 10-P-2135.pdf

As a Massachusetts Criminal Lawyer I am often perplexed at how some judges refuse to apply the law and deny a defendant the right to present a defense. This issue is not that difficult. Podgurski’s lawyer did everything he was supposed to do to. He established that he had a good faith basis for his questions and his defense. The defense of entrapment is an affirmative defense that has its roots in common law. This defense is not new. It has been around for years. The defense contention that Podgurski is not a drug dealer is sound, reasonable and might likely succeed before a jury.

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A thirty one year old Lawrence, Massachusetts man pleaded guilty for the second time in regard to charges of Conspiracy, Larceny and Fraud. The man initially pleaded guilty to twenty six counts of Auto Fraud. He subsequently moved to withdraw his guilty plea alleging ineffective assistance of counsel, a violation of his Sixth Amendment right. That motion was allowed in September of 2010. The defendant subsequently offered his cooperation to the prosecution in its efforts to prosecute auto fraud scandals in Lawrence involving staged car crashes. The defendant would refer the cases to local personal injury lawyers and chiropractors and collect a finder’s fee. The victims and the accidents were non-existent. They were all part of a lucrative insurance fraud scheme. In return for his cooperation the defendant was permitted to plead guilty to eleven counts of insurance fraud related indictments. An additional twenty five charges will be dismissed if the defendant successfully completes a period of probation scheduled to last five years.

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Massachusetts Criminal Lawyer

Insurance Fraud, Lawrence Criminal Lawyer, Essex County Criminal Lawyer Salem Superior Court Defense Attorney

This article shows just how important it is to have an Experienced Massachusetts Criminal Lawyer at every stage of the proceedings. In this case the defendant initially pleaded guilty without being properly advised of the consequences his guilty plea would have on his status in this country. In March of 2010 the United States Supreme Court decided the case of Padilla v. Kentucky. There, it held that criminal defense attorneys must advise their clients who are not citizens of this country that their guilty pleas might have certain immigration consequences. Padilla holds that a lawyer’s failure to properly advise his client of these consequences constitutes a deprivation of the right to effective assistance of counsel. Padilla holds that the Sixth Amendment requires affirmative, competent advice regarding immigration consequences. A lawyer’s silence constitutes ineffective assistance of counsel even if the immigration warning was read to the defendant by the judge during his plea colloquy. Commentary to the Padilla decision suggest that defense attorneys should be familiar with the basic immigration consequences that flow from different types of guilty pleas, and should keep this in mind in investigating law and fact and advising the client.

The case involving the man in Lawrence shows that getting proper representation applies not just to the result itself but to all consequences stemming from the attorney’s representation of the client. This is a perfect example of why it is critically necessary that when you investigate who to hire as your Massachusetts Criminal Lawyer you find out how long the person has been practicing, how many cases of a similar nature he or she has defended and the lawyer’s overall experience. Make sure that you are comfortable with you decision. Do not hesitate to ask questions to make sure that the lawyer you are hiring focuses his or her practice on defending the accused.

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A twenty-nine year old Marblehead, Massachusetts woman in facing charges of Larceny of Prescription Medication in the Salem District Court. The Salem News reported yesterday that the woman worked at Brightview, an assisted living complex in Danvers, Massachusetts. It is alleged that the defendant was swapping oxycodone and Vicodin with acetaminophen. A relative of one of the residents of the facility became suspicious and brought her concerns to the attention of the administrators of the home. An investigation resulted in the nurse being questioned. She confessed and was charged with six counts of Larceny and Possession of a Class B drug. The defendant apparently became addicted to pain medications after having orthopedic surgery.

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Massachusetts Drug Crimes Lawyer, Danvers, Salem, Marblehead

There is a pretty interesting aspect to this case that is not often discussed or applied in Massachusetts Courts. The defendant’s lawyer attempted to delay his client’s arraignment in this case and put her in a drug treatment program. He wanted her to enter a five year sanctioned treatment program for which she already been qualified. This was a great effort on his part. Basically, get your client evaluated and treated. Then go to the district attorney’s office and try to resolve matters prior to arraignment. If successful, the defendant’s CORI remains entry free and future employment is not negatively impacted. The prosecution should be satisfied if it is determined by the evaluating and treating professionals that the defendant has addressed her problem and will likely not re-offend. Yet here, the district attorney opposed this effort and demanded the defendant be arraigned. The judge agreed with the prosecutor.

On its website, the Essex County District Attorney lists its own drug diversion program as an alternative to conventional prosecutions for people in this defendant’s position. The link to the program is http://www.mass.gov/essexda/prevention-and-intervention/school-safety/essex-county-drug-diversion-program.html. The program sets out specific parameters. It is for non-violent drug offenders. It is mostly for people ages seventeen to twenty-six charged with drug or drug related crimes. The purpose of the program is to reduce drug abuse. The program is run through the various district courts in Essex County. The program provides “comprehensive substance abuse treatment services in lieu of being prosecuted through the traditional court process”.

So why then would the prosecutors object to the defendant’s request to continue the arraignment until the program was completed. The statute of limitations will not expire meaning that if the defendant fails to comply with the program’s demands the district attorney can still prosecute her for these crimes. Her progress can be monitored by the probation department of the Salem District Court prior to arraignment thereby preventing the case from falling through the cracks. It seems to me then that the defense attorney’s request was reasonable and consonant with the interests of justice. The position of the prosecution under these circumstances lacks substance. If their office policy endorses what the defense lawyer is seeking to impose then why voice an objection. Drug addiction is an illness that can be successfully treated. If this woman can benefit from such treatment then it seems reasonable that she be in the best position to go back to work. A clean CORI would make this much more likely than would having a drug entry.

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escape-3d-the-jail-100-1.jpgAllison Avagianos and Tricia Mendez were both in custody and serving sentences for criminal convictions in Essex County. Avagianos was serving her sentence for Larceny Over $250 and Reckless Operation of Motor Vehicle. Mendez, a Lynn, Massachusetts resident had been sentenced for Assault and Battery, Receiving Stolen Motor Vehicle and Attempting to Commit a Crime. Avagianos, from Salisbury, was due to be released in April of this year while Mendez was scheduled to be freed next week. Both were serving their sentence at the Essex County Sheriff’s pre-release center in Salisbury. Three days ago, the women left the institution and walked to a local shopping center. There, they met up with a man who brought them to his apartment. Early Wednesday morning the women were arrested at the man’s apartment. The man in whose apartment Mendez and Avagianos were found, Byron Isbell was arrested as well. He has been charged with Aiding and Abetting and Escape. The two women have been charged with Escape. The cases are pending in the Newburyport District Court.

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Massachusetts Criminal Lawyer, Salisbury, Lynn, Newburyport Crimes

Massachusetts General Laws Chapter 2769 Section 16 covers the Crime of
Escape in Massachusetts. The law states that anyone who is incarcerated and escapes or attempts to escape from a penal institution in Massachusetts, or from any courthouse, or from the custody of an officer of a courthouse or penal institution can be punished by up to ten years in state prison. This law also applies to someone who is temporary released from custody but required to return and fails to do so. The crime is a felony. Anyone who harbors an escapee is guilty of being an accessory after the fact and can be sentence to up to seven years in state prison. Since all of these crimes are being prosecuted in the Newburyport District Court the maximum sentence for all defendants is two and one half years in the house of correction.

The crime of Escape from jail or prison is significantly on the decline. One report has this crime declining from 2,583 to 660 in a ten year period nationwide. Some suggest that that the reason for the decline is the construction of more modern facilities built with technology that makes the crime more difficult to commit. Another report states that prison escapes have decline from two percent to one percent over a ten year period. The vast majority of escapes are known as “walk aways”, people serving sentences at community corrections facilities or minimum security jails. Mendez and Avagianos would fall into that category. People convicted of escape in Massachusetts usually serve their sentences in more secure facilities to prevent the repeated commission of the crime. There is also a tendency to sentence escapees to higher sentences as a punitive measure. It is critical that anyone charged with this crime consult with and hire an Experienced Massachusetts Criminal Lawyer. These crimes can be defended successfully.

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Two days ago at about 10:30 in the morning two women were walking past a home in Lowell, Massachusetts when they noticed smoke coming from a roof. Firefighters were called and quickly surmised that the fire was coming from a wood burning stove. While at the scene the firefighters smelled an odor of marijuana. Consequently they called the Lowell Police. A Search Warrant was obtained. During the execution of the search warrant the police found evidence of what they have called a large-scale marijuana. Specifically, the police observed and seized twenty-nine marijuana plants and forty four pounds of packaged marijuana. They also found grow lights, a water filtration system and three thousand five hundred dollars cash, all Drug Paraphernalia indicative of an intent to distribute. The owner of the home, Angel Luna was charged with Distribution of Marijuana, a Class D Substance, a School Zone Violation and Trafficking Marijuana. Bail was set at three thousand dollars cash. Luna’s defense attorney argued that the total weight of the marijuana when accurately calculated will be less than fifty pounds which is under the weight necessary to sustain a Marijuana Trafficking Prosecution in Massachusetts. The case is currently being prosecuted in the Lowell District Court.

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Massachusetts Drug Crimes Lawyer

Trafficking Marijuana in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 94C Section 32E. The law states that anyone who trafficks in marijuana an amount of at least fifty pounds but less than one hundred pounds must serve at least one year in the house of correction. This is a minimum mandatory sentence. There is a maximum penalty of fifteen years in state prison.

One troubling aspect of this statute states that the substance trafficked does not have to be pure or have any degree of purity. Thus, the plants will be weighed individually and tallied with the packaged substance. The defense attorney’s suggestion in this case is that a portion of this substance was for medicinal purposes and not for distribution. While the argument is perhaps legitimate Massachusetts does not have a medicinal marijuana law. Right now, only sixteen states have this type of law, those being Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. The District of Columbia has a similar law as well. Right now six states have medicinal marijuana laws pending before their legislature. Massachusetts is one of them. If the law passes and has a retroactive application then Luna might be able to avail himself of its provisions insofar as the plants are concerned. Of course, all of this assumes that the number of plants residents are permitted to grow falls within the facts of this case. But at least for now, if the total quantity of marijuana in this case exceeds fifty pounds Luna’s defense will have to focus on his intent and show a jury that at least the plants were for his own personal use due to certain medical problems.

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Hidden Camera.jpgAccording to reports, a forty year old southeastern Massachusetts man has been charged with Video Recording or Surveilling a Person in the State of Partial Nudity. The defendant, Marco Silva is being accused of putting a hidden camera in the bathroom of his catering supply company and secretly watching women who worked for him going to the bathroom. He was arrested yesterday morning. Here is how Silva was caught. One of his employees noticed that anytime one of the female employees went to the bathroom the defendant would go into his office and close the door. When the woman was in Silva’s office she saw the bathroom captured on a computer monitor. Police officers, armed with a Search Warrant located the monitor, a VCR and a camera hidden inside of the bathroom. The case is pending in the Fall River District Court.

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Massachusetts Sex Crimes Defense Attorney

Silva is being charged with a violation of Massachusetts General Laws Chapter 272 Section 105. The law states that anyone who intentionally videotapes someone who is naked or partially naked and does so secretly when the other person is in a place where he or she enjoys a reasonable expectation of privacy, without that person’s knowledge or consent is guilty of this crime. The crime itself is a misdemeanor punishable by up to two and one half years in the house of correction. There is also a fine of up to five thousand dollars than can be imposed.

We are seeing these charges in Massachusetts more frequently today than in the past. This is due to relatively inexpensive recording and transmitting devices that are common to most personal computers on the market today. The act itself typically begins as a prank. The defendants are usually college and high school students who think this is clever or funny. Trouble usually comes their way once one of their victims learns of the act. Prosecutions can be difficult to sustain in many of these cases since there is not actual recording of the act, rather, the defendant watches contemporaneously. Thus, without a witness there is no evidence for the police to find. Here is where the suspect usually makes a critical mistake. The police arrive with a Search Warrant as they did here. They find the camera and monitor. This corroborates the witness or victim’s complaint. Then the officers talk to the suspect who admits having committed the crime. Had the defendant not confessed when questioned, then in many cases there would be no sustainable prosecution. This once takes me back to my regular admonition. Never talk to the police without first consulting with a lawyer. Nothing good can come from it. No one talks his or her way out of a criminal prosecution. An extremely large number of prosecutions and indeed convictions rely on the defendant’s admission of guilt. It makes no sense to make the district attorney’s case for him. Simply say nothing and hire a Massachusetts Criminal Defense Lawyer to defend you. If Silva did not speak to the police his chances of successfully defending his case improve significantly. If he did speak then suppressing the search and his statements become more important to his defense.

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dog.jpgLowell, Massachusetts police were watching a Dublin Street address concerned about suspected activity. Then, this past Sunday, with the aid of drug sniffing dogs police were able to intercept a couple of United Parcel Services packages addressed to this location. It is estimated that the two packages contained at least seventy five pounds of marijuana. The drugs were located in heat sealed packages surrounded by coffee beans, a substance commonly used to mask the odor of the marijuana. Once the controlled substances were identified an undercover police officer, dressed as a United Parcel Services worker delivered the packages. They were received by Sanith Siv. Shortly thereafter, armed with a Search Warrant, Lowell Police officers arrived and searched the home where they found the drugs and Drug Trafficking Paraphernalia. Phaly Chhoeun opened the door. Also present were Mao Keo and Samnag Sath. All defendants have been charged with Trafficking Marijuana, a School Zone Violation and Conspiracy. Keo was charged with Possession of a Firearm in addition to the drug charges that all four are facing.

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Lowell Massachusetts Drug Trafficking Defense Attorney

The defendants Massachusetts Criminal Lawyer in this case will likely mount a challenge to the search of the packages. The article is unclear as to whether the packages were opened prior to the undercover delivery or afterwards. Usually, once the drug sniffing dogs alert their handler to the package it is searched. If drugs are found it is then re-packaged and delivered in an undercover manner. That is probably what happened here. Two questions then have to be answered. First, should the reliability of the dogs’ findings be challenged? Second, should the Search Warrant be challenged, particularly if the affiant is relying on the dog’s work.

Not too long ago the Chicago Tribune reported findings only forty four percent of the time that dog sniffing dogs alerted their handler to drugs in cars did drugs or Drug Paraphernalia in fact exits. This can be attributed to the fact that dogs’ noses are so sensitive that they can pick up residue from drugs no longer present at the scene where the dog makes its alert. The dogs might also be getting their cues from their handlers. When the driver of the car searched was of a particular race the accuracy dipped to twenty seven percent, thereby implicating a racial profiling issue. Getting the dog training records and alert history might be a beneficial discovery effort for the defendants in this case. Just how current the dog’s certification is can be an issue that results in the suppression of the drugs and a dismissal of the case. Some courts have held that the use of a dog unjustifiably enlarges the scope of a routine traffic stop. As Supreme Court Justice Souter has said: “The evidence is clear that the dog that alerts hundreds of times will be wrong dozens of times.”

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A Massachusetts drug and major crime task force had been involved in a one month long investigation of Heroin Sales in the greater Brockton and Taunton areas. The investigation resulted in the arrest of Leah Nelson, Abel Parker and Bryan Donachie, all Massachusetts residents residing in Plymouth County. An article in the Brockton Enterprise states that police watched Donachie travel from Wareham to East Bridgewater in Nelson’s car. Implicit in the article is that Donachie was using the car and making the trips as part of a Heroin Distribution effort. The officers obtained a Search Warrant for the car. This past weekend detectives saw the three defendants in the car. They approached and found Nelson in the driver’s seat, Donachie in the front and Parker in the back. As they approached the car the officers saw Parker packaging heroin. All occupants were searched. The police found about ten grams on Donachie. Each defendant was charged with Conspiracy, a School Zone Violation and Possession with the Intent to Distribute Heroin, a Class A substance. Nelson’s car was searched as well. There, officers located Drug Distribution Paraphernalia, about one thousand dollars worth of heroin and some heroin ingestion materials. Authorities claim that Donachie was purchasing about ten grams of heroin per day, breaking it down and reselling for a substantial profit. The cases are being prosecuted in the Brockton District Court.

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Massachusetts Drug Crimes Attorney

The School Zone Violation is the biggest problem the defendants in this case, particularly since this case is being prosecuted in Plymouth County. The district attorney in that county does not like to break down school zone cases. The result is that the case will likely be litigated either through a Motion to Suppress, Motion to Dismiss or trial. The prohibition against selling drugs in school zones in Massachusetts is governed by Massachusetts General Laws Chapter 94C Section 32J. The law states that anyone who sells drugs or possesses drugs with the intent to distribute the drugs within one thousand feet of a school zone or within one hundred feet of a playground shall be punished by a minimum mandatory two year jail sentence. The defendant’s intent or knowledge relative to the school zone itself is of no relevance.

From the perspective of a Massachusetts Drug Crimes Lawyer, it appears that Donachie and perhaps Nelson and Parker have drug problems. The presence of the needles and syringes supports that at least one, if not all of the defendants were using Heroin. Using narcotics is consistent with Possession, not the intent to distribute. The district attorney will argue that the act of packaging suggests otherwise. The evidence as taken from this article suggests that a combination of the two are at work here. At times this factor can motivate prosecutors to consider a reduction of the charges to something less onerous and perhaps something that will not include jail time. Much of this depends on the record of the accused, the extent of his or her drug problem and the quantity of drugs involved. In cases like this one, the defendants need a good lawyer.

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Just a couple of days ago a Massachusetts State Trooper stopped a car that he witnessed run a stop sign. His intention was to issue a citation to the driver. When he approached the car the passenger made a furtive movement towards his legs. The officer asked him to get out of the car. The passenger, Jesus Silva-Santiago complied. Then, according to reports Silva-Santiago punched the cop in the face. A chase followed. The trooper caught up with the defendant and the fighting continued. The trooper was able to subdue Silva-Santiago with the help of some Brockton police officers who responded in support. Jesus-Santiago was transported to the police station for booking. There, officers located eighteen bags of heroin tucked in his buttocks cheeks. Jesus-Santiago was charged with Possession With the Intent to Distribute Class A, Heroin, a Second and Subsequent Offense, Assault and Battery on a Police Officer and Disorderly Conduct. The case is currently in the Brockton District Court however it will likely be indicted and prosecuted in the Plymouth County Superior Court.

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Brockton Drug Crimes Defense Attorney

As a Massachusetts Criminal Lawyer I really enjoy defending cases like this one. Like many Drug Crimes in Massachusetts, the strength of the district attorney’s case lies in the legality of the police officer’s actions. The stop of the motor vehicle will probably survive a challenge however the Exit Order may not. Exit Orders, ordering a driver or passenger out of a car, have become the source of considerable litigation in Massachusetts. The success of Silva-Santiago’s defense will hinge on the validity of the trooper’s actions in forcing the defendant to exit the car.

Federal Courts have embraced the rule that under the Fourth Amendment to the United States Constitution police officers may order both the driver and passenger out of a car. There is not need to show facts warranting the officer to be reasonable apprehensive. However, as is often the case, the Massachusetts Courts and Constitution provide more protection. A 1999 Massachusetts set out the rule for exit orders as follows: “art. 14 requires that a police officer, in a routine traffic stop, must have a reasonable belief that the officer’s safety, or the safety of others, is in danger before ordering a driver out of a motor vehicle.” The test is whether or not a reasonably prudent person in the police officer’s position would be justified in believing that his safety or the safety of others was in danger.

The officer contends that Silva-Santiago “reached down below his legs”. This gave him concern for his safety. So here is the question in this case. Did he have a reasonable belief that his safety or the safety of others was in danger based on what he saw Silva-Santiago do? The analysis for this challenge is done on a case by case basis viewing the totality of the circumstances. I would be interested in seeing the police report for this incident to see what if anything, in addition to the defendant’s movements led the officer to fear for his safety. A successful Motion to Suppress might result in a dismissal of all the Drug Charges.

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