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According to a report on Boston.com, Andrew Curda of Peabody, Massachusetts has been arrested in connection with Drug Trafficking activity in Massachusetts. It is alleged that Curda sold cocaine to an undercover law enforcement officer on three occasions. Curda is being charged with Trafficking Cocaine, a School Zone Violation and Possession of Oxycodone. Police from Beverly, Ipswich and Everett were involved in the investigation. Apparently the website Tip411 was instrumental in the investigation. The case will initially be prosecuted in the Peabody District Court.

Read Article:

http://www.boston.com/yourtown/news/peabody/2011/05/peabody_man_charged_with_drug.html

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Drug Crimes Defense Attorney in Massachusetts

So what exactly is tip411. Anyone can use a cell phone to send an anonymous tip to a local police department. The tip itself is one hundred anonymous so there is no way to identify the sender. It is not a substitute for an emergency 911 call. Rather it is a way for concerned citizens to make their community safer without fearing reprisals from the people they report. Information regarding caller identification cannot be subpoenaed either. Obviously, from the perspective of a Massachusetts Criminal Attorney certain constitutional issues might arise from the follow up of one of these tips. Regardless of the existence of the tip, the police are still constrained by Fourth Amendment guarantees and Article 14 protections. The anonymous tipster lacks the reliability or basis of knowledge needed to sustain Searches and Seizures in certain instances. An legal attack on this information may in some instances result in the dismissal of drug charges.

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Criminal jury trials in Massachusetts and for that matter everywhere are not always at exciting as the avid follower of lawyer televisions programs might believe. There can be times where a jury trial is just downright boring. Technical evidence such as DNA or medical testimony can send the average person into lala land. Jurors want to see evidence that is juicy and graphic. They want to hear horrifying or sexy eyewitness testimonies. Some trials however simply do not involve that type of fun stuff. Instead, prosecutors and defense attorney must focus on facts and details that can put jurors to sleep. In fact, that sometimes happens. That’s right. Jurors can fall asleep. So how do Massachusetts Criminal Defense Attorneys and the Massachusetts Courts handle this issue? The answer to that came out today in Commonwealth v. Dyous, 10-P-603.

Commonwealth v. Dyous, 10-P-603, May 12, 2011

In Dyous, a Larceny case, the district attorney prosecuting the case alerted the trial judge to the fact that a juror had been sleeping “quite a bit”. The judge refused to make an inquiry and claimed that she did not observe the juror actually sleeping. The defendant was convicted and this became an issue on appeal. The Massachusetts Appeals Court clarified some long standing principles regarding the right to a trial by an impartial jury. It made clear that an impartial juror must also be attentive. Once this fact is brought to the trial judge’s attention it is the obligation of that judge to take action. The judge is to conduct a voir dire to see if the juror is capable of rendering a verdict based on the evidence. Obviously, if he or she slept through part of the trial this task would be impossible. In Dyous, the Massachusetts Appeals Court found that the absence of a voir dire left serious doubts as to the juror’s attentiveness thereby compromising the verdict and requiring a reversal of the conviction.

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On January 21, 2011 Geison Ferraras of Lawrence, Massachusetts was at his home, a third floor apartment on South Broadway. Police executed a Search Warrant targeting someone else in the building. They found drugs and guns on the second floor. However, during the course of the search they also came across Ferraras who was “hiding in a back stairwell” according to prosecutors. The guns and drugs were not found on Ferraras’ possession. They were found nearby. The amount of drugs exceeds fourteen grams but is less than twenty eight grams. In addition to the Firearms, Ammunition was located. Ferraras is being charged with Trafficking Over 14 Grams of Cocaine and Possession of Firearm. The case is being prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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http://www.eagletribune.com/local/x123359621/Police-Man-found-hiding-with-guns

As every Massachusetts Criminal Defense Lawyer knows merely being present at or near the scene of a crime is not sufficient to sustain a conviction. At least for now this appears to be the position of the defendant in this case. Massachusetts judges give a jury instruction in many cases like this one that tells jurors that being present even if the person knew that a crime was committed or was about to be committed does not mean that he or she is guilty of that crime. Rather, the prosecution must prove intentional participation in the crime beyond a reasonable doubt before a jury can convict. It would be expected that the district attorney in this case would have more evidence than is mentioned in the newspaper account given that this case is being prosecuted in the Superior Court.

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Yesterday around 5:30 p.m. Lawrence, Massachusetts police officers responded to a call complaining about people sitting in a car using drugs. Officers investigating the call arrived to find four people sitting in a parked car in a restaurant parking lot. The article reporting this incident suggests that all four were either using or about to use heroin. During the investigation, the driver later identified as Gary Hartwell was found with a ligature around his arm and a needle in the driver’s door containing liquefied heroin in a state ready for immediate use. Hartwell was charged with Possession of Heroin, Operating Without a License and Knowingly Being Present Where Heroin is Kept. The three passengers are facing similar Drug Charges. Two additional loaded syringes were found in the car. The case is being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/local/x1892928801/Four-charged-with-drug-offenses

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Massachusetts General Laws Chapter 94C Section 35 makes it a crime to knowingly be present where heroin is kept or to knowingly be in someone’s presence who is in possession of heroin. The crime is a misdemeanor and punishable by up to one year in the house of correction and/or up to a one thousand dollar fine. This law in somewhat unique in that it requires affirmative responses of anyone who becomes aware that heroin is in his or her presence or on someone they are with. Usually laws do not punish people who are “present only”. As a matter of fact, there is a jury instruction that tells jurors that if they find that a person was merely present at a crime scene that person cannot be convicted for that crime. The opposite is true here and anyone charged with this offense should contact a criminal defense lawyer right away.

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Christopher Rossi was arrested this past weekend. He has been charged with Indecent Assault and Battery, Child Enticement and Rape. Yesterday he was arraigned in the Framingham District Court and held on twenty five thousand dollars cash bail. The article reporting this store provided little in the way of detail noting primarily that Rossi admitted to having committed the alleged crimes, even going so far as to flag down the police who responded to the call. It is alleged that the acts occurred over a three year period. An indictment to the Middlesex Superior Court in Woburn is all but certain given the nature of these charges.

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http://www.metrowestdailynews.com/news/police_and_fire/x1760689900/Ashland-man-admits-to-sexually-assaulting-girl

As a Massachusetts Criminal Defense Lawyer I can tell you that no crime is more difficult to defend than allegations of sexual assault involving children. The repugnant nature of these crimes makes every aspect of the defense difficult. Jury selection is extremely difficult. It is often quicker to impanel juries in murder cases than in Massachusetts Child Rape Cases. Prospective jurors in criminal cases in Massachusetts are immediately informed of the allegations against the defendant. Judges ask a myriad of questions concerning the criminal process and they typically conclude by asking the jurors if there is anything about the nature of the allegations that would prevent them from sitting impartially. Right away hands get raised and one by one the jurors are brought to the side bar where they voice their discomfort with the subject matter. Many of them make clear that they cannot sit on such a case and be fair and impartial. The good news is that these people will not be sitting on the case. Massachusetts judges usually do a great job helping weed these people out to make room for twelve impartial people to judge the facts. Even though these cases are hard to defend I usually find that the juries I have in child sexual assault trials are the most well screened and attentive. This reminds me that no matter how severe the charges a good defense can result in success.

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According to reports in the Lowell Sun and Lawrence Eagle Tribune, on April 20, 2011 police received a call about a road rage incident on Route 93. They arrived to find Dennis Keohane with six stab wounds. Apparently Keohane and the defendant Breslin Reyes of Lawrence, Massachusetts had an exchange on the highway. They exited the road got out of their vehicles and got into a fight that resulted in Keohane being stabbed. Yesterday Reyes was arrested. He is being charged with Assault and Battery By Means of a Dangerous Weapon Causing Serious Bodily Injury. The case in currently being prosecuted in the Lowell District Court.

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http://www.eagletribune.com/local/x1250115066/Lawrence-man-arrested-in-Tewksbury-road-rage-incident

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Lawrence Massachusetts Criminal Defense Attorney, Violent Crimes

The crime of Assault and Battery By Means of a Dangerous Weapon Causing Serious Bodily Injury is a felony and punishable by up to fifteen years in state prison. The statute governing this crime is Massachusetts General Laws Chapter 265 Section 15A(c). For the purpose of this law the phrase “serious bodily injury” is defined as bodily injury which results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death. I am not sure how applicable this section of the law may be to this case given Keohane was released from the hospital that evening. If this case remains in the district court the maximum penalty Reyes faces is tow and one half years in the house of correction.

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Acting on a tip police officers from Beverly, Massachusetts started investigating whether a local woman was providing Sex For a Fee. The woman ran an ad in backpage.com. The ad suggested certain services were available for certain prices. An undercover detective posing as a customer responded to the ad. He met with the woman who offered him her services. Backup officers heard the conversation via a transmitter. They entered the home and made an arrest. It turns out that a Peabody, Massachusetts police officer recognized a picture of the woman as someone who was warned by his department to stop posting such advertisements. Heeding the warning the woman moved from Peabody to Beverly. Officers from Danvers and Ipswich were involved in the investigation. At the time of the arrest heroin was found in the woman’s apartment however no heroin charges were filed.

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http://www.salemnews.com/local/x333452032/After-warning-woman-facing-prostitution-charge

Massachusetts Prostitution Laws

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Prostitution laws vary from state to state. Each state authorizes a jail sentence for first offense convictions for prostitution. Similarly, every state permits incarceration for people who are customers. The Massachusetts laws make it a crime to ask for, receive or pay for sex. If convicted in Massachusetts there is a possibility of a one year jail sentence. Nevada is the only state that currently permits prostitution is some form. Each county in Nevada sets its own laws relative to prostitution. In 2009 Rhode Island repealed a law that permitted prostitution.

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Just yesterday the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Benjamin Cruz wherein after the defendant prevailed on a Motion to Suppress an illegal Search and Seizure the district attorney appealed to the state’s highest court. The Court held that the mere odor of burnt marijuana without more does not give rise to reasonable suspicion of criminal activity. Cruz concluded as follows. In June of 2009 Boston Police officers were in the Jamaica Plain section of Boston working undercover. The defendant was sitting in a parked car smoking what initially looked like a cigar. The officers approached the car and detected an odor of burnt marijuana. Both the driver and the defendant (front seat passenger) appeared nervous. Backup units were called and the defendant was ordered out of the car. Upon questioning the defendant admitted to having crack cocaine in his possession. The lower court judge concluded that the officers should not have ordered the defendant out of the car. Upholding this decision the Supreme Judicial Court found among other things that Cruz’s behavior did not give rise to reasonable suspicion of criminal activity, rather it was more indicative of infractionary conduct, i.e. Possession of Less Than One Ounce of Marijuana which is not criminal activity. The Court further held that the police had not made a showing that probable cause existed to support a search of the car in that there was no reason to believe that a quantity of marijuana consistent with criminal activity was in the car.

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As many of our blog posts have suggested Motions to Suppress when argued properly and effectively can result in suppression of evidence and ultimately a dismissal of a criminal case. Attacking police conduct on constitutional grounds is what Criminal Defense Lawyers in Massachusetts often do when defending the accused. We take the approach that every case is worth fighting. That attitude has resulted in dismissals and acquittals for countless defendants over the years.

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This past Friday evening Salem, Massachusetts police officers saw what looked to them like a drug transaction. The suspect, Aquiles Sanchez took off in his car leading officers on a chase. He then fled on foot. However, sixty two year old John Carr saw the cruiser lights and knew something was wrong. He saw Sanchez walking through a neighbors’ yard. Carr told him to stop. He did not. Instead he took off running. Carr chased Sanchez and tackled him. Carr’s son and other neighbors helped out. Eventually the police arrived and made an arrest. Sanchez is being charged with Trafficking Oxycodone, Operating to Endanger and Resisting Arrest. The case will be prosecuted in the Essex County Superior Court.

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http://www.salemnews.com/local/x7462022/Salem-man-helps-police-by-tackling-drug-suspect

Essex County Drug Trafficking Defense Lawyer

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As a Massachusetts Drug Crimes Defense Lawyer I am interested in knowing exactly what observations the police made that led them to charge Sanchez with Trafficking Oxycodone. Usually, officers see only “what they believe to be a drug transaction”. Their reports talk about the suspect’s “furtive movements” or an “exchange” they believe constituted drug distribution. Rarely are binoculars or cameras used to capture the exchange. Also, the suspected “purchaser” is needed to help prove the crime. This person usually engages a lawyer and cooperation for the purchaser is rarely used since he or she is likely to be charged with possession of the controlled substance only. Large scale drug dealers rarely conduct their business in public so the fact that Sanchez was found in possession of ten thousand dollars is not in this case likely to be supportive of this allegation. I am interested in knowing how much of the drugs were found on the purchaser and if this quantity had a value near the amount of money Sanchez was carrying. If these factors do not add up then the trafficking case might be defensible.

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After four days of deliberations a Northern California jury rendered its verdict in the Barry Bonds perjury/obstruction of justice case. The three perjury charges stemmed from allegations that Bonds made false statements while under oath before a federal grand jury in 2003. The jury was unable to return verdicts on those counts and a mistrial was declared. On two of these three counts the jury was leaning heavily towards acquittal. However the jury did convict Bonds of obstruction of justice, a crime permitting incarceration for up to ten years. The factual basis for this conviction originated from Bonds’ response to the question : “Did Greg [Anderson, Bonds personal trainer] ever give you anything that required a syringe to inject yourself with?” Bonds’ response centered on his friendship with Anderson and his celebrity status. Prosecutors claim that he never answered the question. Understandably, defense attorneys are seeking to have the judge vacate this conviction.

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http://www.enterprisenews.com/news/cops_and_courts/x1890540711/Bonds-guilty-of-obstruction-of-justice

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Massachusetts Federal Criminal Defense Attorney

18 U.S.C. §1503 lays out the law for a Federal Obstruction of Justice Charge. In essence, anyone who “endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished”. This statute was designed to target any corrupt conduct endeavoring to obstruct or interfere with the administration of justice. The Barry Bonds jury was asked to determine if his evasive answer to one question satisfies the elements of the statute beyond a reasonable doubt. Legally the word “corrupt” implies an evil or wicked purpose. The prosecution must also prove a beyond a reasonable doubt the defendant’s specific intent to impede the administration of justice. I can fully appreciate Bonds’ lawyers’ efforts to have this conviction vacated. While his arguably rambling response to the question before the grand jury was non-responsive an intent to impede the administration of justice seems to be a reach, notwithstanding the jury’s verdict. This issue will be argued again on May 20th, this time to the trial judge alone. Perhaps the conviction will be vacated.

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