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Just two days ago DEA agents from the Bristol County office executed a search warrant at 61 Sunflower Drive, the home of twenty four year old Matthew Alsen. After entering the premises police located Alsen in his bedroom. Supposedly, after inquiry Alsen told the authorities that the drugs were in a closet behind a nightstand. The officers then located a large quantity of marijuana and one hundred fifty six Percocet pills. At the same time officers from Raynham kept a surveillance of Alsen’s mother’s home. She eventually consented to a search of her home where the officers found over one hundred thousand dollars cash. Bail in the amount of five thousand dollars cash was set in the Taunton District Court where Alsen was charged with Trafficking Oxycodone and Trafficking Marijuana. The case will be prosecuted in the Bristol Superior Court in New Bedford.

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Pot, Oxycontin and $100,000 Cash Seized During Bristol County Raid

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For several reasons Alsen needs to hire an Experienced Massachusetts Drug Trafficking Lawyer immediately. While the charges are severe there may be some defenses to this case and with the right Massachusetts Criminal Defense Lawyer the potential damage might be minimized.

Trafficking Marijuana in Massachusetts

To satisfy the minimim for trafficking marijuana in Massachusetts the defendant, Alsen, must have possessed at least fifty pounds of the substance. The district courts have jurisdiction over this amount of marijuana and can sentence someone for up to two and one half years in the house of correction with only one year of that sentence being a minimum mandatory. Depending on the quantity of the marijuana and the oxycodone as addressed below, the future for Alsen might not be as bleak as the article seems to suggest.

Trafficking Oxycodone in Massachusetts

Oxycodone is a Class B substance in Massachusetts. As I have mentioned in several previous posts all trafficking cases in Massachusetts carry a mandatory minimum sentence. The length of the sentence depends on the quantity of the substance trafficked. In this case the prosecution is alleging that the 156 pills constitutes a weight that satisfies the element of weight for trafficking. They may in fact be wrong depending on the number of milligrams of each pill. If these were typical oxycodone pills they were eighty milligrams each. That would not amount to a trafficking weight.

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Jenna Conrad of Framingham and her boyfriend Andrew Spaulding of Walpole were arrested Tuesday and charged with Distribution of Class C following a two week investigation. It is alleged that police made undercover buys on three occasions from Conrad with an arrest coming after the final purchase. According to reports Conrad was selling Diazepam and Clonazepam, both prescription drugs. When arrested the car in which both defendants were riding was searched and additional drugs were found. Conrad has been charged with three counts of Distribution of Class C. Spaulding has been charged with three counts of Conspiracy to Violate the Controlled Substances Act. The case is being prosecuted in the Framingham District Court.

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Two Arrested For Drug Dealing In Framingham

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Distribution of Class C In Massachusetts

Distribution of Class C Substances in Massachusetts is a felony punishable by up to five years in state prison. In cases like this the prosecution will likely take place in the district court where the maximum exposure to the defendants after conviction is two and one half years. If the defendants do not have criminal records and they Hire an Experienced Massachusetts Drug Attorney the might be able to have their cases continued without a finding. There also might be some defenses to this case. Typically in cases involving hand to hand sales to undercover officers the only viable defense involves entrapment. Our office has won several cases using this defense, all of which are well documented.

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Prosecutors in Lynn, Massachusetts allege that early Monday morning during a snowstorm a man was taping up a window of his car. Three men pulled up in another vehicle, approached him at gunpoint and forced him into their car. The victim was held for a brief period of time during which the assailants took from him a cell phone. The victim was then released and the defendants drove off. The police later caught up to the defendants and upon initial inquiry observed the firearms in their vehicle. The defendants, Jose A. Sanchez of Danbury, Connecticut, Josue Marrero of Framingham and Jose M. Sanchez of the Bronx have been charged with Armed Robbery, Kidnapping, and Possession of a Firearm. The case is now pending in the Lynn District Court but will likely be prosecuted in the Essex County Superior Court in Salem.

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Robbery, Kidnapping, Gun Possession Charges Issue Against 3 In Lynn

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Carrying and Possession of Firearms in Massachusetts

Massachusetts General Laws Chapter 269 Section 10(a) makes carrying a firearm in Massachusetts a felony. The law states that anyone who knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. Eighteen months of this sentence must be served.

Armed Robbery in Massachusetts

Armed Robbery is a life felony proscribed by Massachusetts General Laws Chapter 265 Section 17. To be convicted of this crime the prosecution must show that the defendant was armed and that he stole the property of another person. In this case it is alleged that the defendants used guns to rob the victim of his cell phone which, if proved beyond a reasonable doubt would satisfy the elements of the crime. If convicted a judge could sentence the defendants to life is state prison.

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On December 1, 2009 I blogged about Manson Brown, the Massachusetts man who escaped from prison after learning about his new Rape Indictment. Well, Brown was apprehended on January 3, 2010 in Georgia and last Friday the 51 year old Mattapan man was arraigned for the 1996 Rape and Home Invasion case that triggered his escape. Brown, who was also charged with being a Habitual Offender was held without bail in the Middlesex Superior Court in Woburn. According to reports, in September of 1996 Brown broke into the victim’s home through a window and raped her while she was sleeping next to her two year old son. Brown then allegedly stole money and jewelry from the victim’s home and threatened to kill her family if she called the police. She subsequently went to the hospital. A recent DNA match identified Brown as the suspect.

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Massachusetts Prison Escapee Arraigned For Cambridge Rape

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Rape in Massachusetts

As I have mentioned many times in the past Rape Cases in Massachusetts are very difficult to defend even when there is not physical evidence linking the defendant to the crime. Once that evidence does become available however the case becomes that much more difficult. Absent any relationship between the defendant and the victim that might be suggestive of consent the added component of a DNA match makes defending the case that much more difficult. People like Manson Brown need to find a Middlesex Superior Court Defense Lawyer with Experience Defending Rape Cases Involving DNA. These tests are fallible and to avoid the consequences of a Rape Conviction and a lengthy state prison sentence Brown is going to need a lawyer who can challenge the accuracy of this test.

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The Lawrence Eagle Tribune reports that a Lawrence Massachusetts man faces a minimum mandatory sentence of 10 years in state prison if convicted of charges stemming from a drug bust. Marcelo Perez, 48, of 210 Lawrence St., was charged with drug crimes including two counts of trafficking cocaine, two counts of unlawful possession of a handgun, two counts of unlawful possession of ammunition and possession of a dangerous weapon.

Three local authorities worked together focusing on suspected drug activity in the Dunkin’ Donuts parking lot on Main Street in Haverhill Massachusetts. Reports indicate that when he was arrested Perez had loaded .38 caliber pistol and 305 grams of cocaine in his jacket. With the assistance of the Tewksbury K9 unit, police discovered a hidden compartment in the back floor of Perez’s jeep. It has been reported that the authorties seized an additional 30.7 grams of cocaine another loaded handgun, a box of ammunition and a digital scale. Police estimated the street value of the cocaine at $6,500.

If you have been charged with any drug crime in Massachusetts, it is imperative that you have an experienced defense attorney on your side. Most drug arrests stem from a search that has been conducted by the police. Attacking the legality of the search is often times the first step to a successful litigation of a drug offense. Depending on the circumstances of the case, this is done by filing a motion to suppress evidence seized from a defendant, his or her car and/or his or her home or apartment. Our Attorney has successfully litigated these types of motions. If the evidence is suppressed the government is left without a case.

Based on the recent Supreme Court decision of Melendez-Diaz v. Massachusetts, it is imperative that a qualified defense lawyer attack any drug certificate that the District Attorney attempts to introduce in order to establish that the seized substance is in fact an illegal drug. The Supreme Court has indicated that the Commonwealth cannot merely introduce a drug certificate to prove that a retrieved product is contraband. Based on this new case law, in most cases, the Commonwealth is required to produe a chemist that examined the item and determined that is was an illegal drug. The Courts and the District Attorneys’ offices are scrambling to try to get around this requirement. If you find yourself facing drug charges you must have an experienced Massachusetts criminal lawyer on your side to fight for all of your rights.

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Lyn Toscano of Haverhill, Massachusetts is the assistant manager of the Registry of Motor Vehicles for the branch located in Haverhill. Earlier today Toscano was arraigned in the Haverhill District Court and charged with two counts of Soliciting a Bribe as a Public Employee, Conspiracy and Falsification of a Driver’s License. It is alleged that the scheme in which she was involved started in September of 2008 and lasted until May of 2009. Authorities claim that Toscano was selling licenses to people who had not taken the driver’s test. Police were tipped off by Richard Chase who ironically has been charged with Criminal Harassment of Toscano.

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Massachusetts Registry Worker Charged With Selling Driver’s Licenses

Falsification of a Driver’s License in Massachusetts

This crime is a felony in accordance with Massachusetts General Laws Chapter 90 Section 24B. The case can be prosecuted in either the District Court or the Superior Court and it carries with it a possible five year state prison sentence. If Toscano decides to Hire an Experienced Massachusetts Criminal Defense Lawyer who understands Motor Vehicle Crimes she might be able to walk away from these charges without a criminal record.

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Soliciting a Bribe as a Public Employee

This crime is proscribed by Massachusetts General Law Chapter 268A Section 2 and is also a felony in Massachusetts. A conviction of this crime is punishable by up to three years in state prison. This charge can also be continued without a finding so it is advisable that Toscano get a good lawyer right away.

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Authorities allege that Marcelo Perez of Lawrence, Massachusetts was carrying a loaded .38 caliber firearm at the same time he made a delivery of over twenty eight grams of cocaine. Apparently an investigation was focused on a Dunkin Donuts parking lot on Main Street in Haverhill. It is unclear as to how the police knew or suspected Perez to be involved in drug dealing or what reason they had for apprehending him. He is being charged in the Haverhill District Court with Trafficking Cocaine Over 28 Grams, Possession of a Firearm, Possession of Ammunition and Possession of a Dangerous Weapon. This case will ultimately be prosecuted in the Essex County Superior Court in Salem. The street value of the cocaine is estimated at over six thousand dollars.

Read Article: Drug and Gun Charges for Lawrence Man Caught Trafficking In Haverhill As a Massachusetts Drug Case Defense Lawyer there are several things I would like to know about this case. What information did the police have that Perez was involved in drug trafficking. In order to legally stop and search him the police must have probable cause. That can be established in many ways yet this article does not even hint at the reasons the police targeted this man. I assume an informant provided certain information from which the police launched their investigation but that information must also meet a constitutional threshold before it justifies them stopping and searching Perez. I would also want to know whose car Perez was driving and who, if anyone he was meeting in the parking lot. As with most drug cases, I would expect to see a Motion to Suppress vigorously litigated in this case.
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On December 30, 2009 police on Cape Cod searched an apartment located at 6A Holly Street in Onset, Massachusetts. There they found prescription drugs, a large quantity of cocaine, an assault rifle, a handgun and ammunition. Both weapons were loaded. At the scene were Manuel Pina-Agee and Amanda Muller, both of Wareham. Both were arrested that night and charged with drug and gun violations. Not present was Theodore Lopes who has also been charged with these offenses. Police have been searching for Lopes since the home was searched. Lopes has been charged with Trafficking Cocaine and Gun Possession, both felonies in Massachusetts.

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Police Search For Cape Cod Resident Charged With Drug Trafficking, Gun Possession

When looking at this case any Plymouth County Massachusetts Drug Defense Lawyer who handles cases in Wareham would immediately want to know how is it that three people have been charged with these crimes. When a home is searched and more than one person is present there is always an issue as to who had ownership or possession of the illegal items. Simply being present where a crime is being committed is insufficient to sustain a conviction. In these cases motions to dismiss are usually filed and are often successful. Here is another thought. Why is Lopes being charged with these crimes? The article suggests that he was not present when the search took place. Had he been he would have been arrested. It is difficult and many times impossible for the district attorney to legally link someone to criminal activity when the person is not present, particularly in the case of drug matters and searches. This might very well be the type of case that Lopes can win.

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Around 10:00 p.m. Saturday night Lynn, Massachusetts police responded to a 911 call from a woman who reported having been beaten by her boyfriend with a broom stick. When the police arrived they found the fifty year old woman bleeding from the head. The woman told police that the boyfriend, Joseph McLaughlin accused her of taking money from the bar where he works and proceeded to hit her ten times with an aluminum broom stick. The woman declined medical attention. McLaughlin was located shortly thereafter and arrested. He has been charged with Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon. Bail has been set at two thousand five hundred dollars cash. The case is being prosecuted in the Lynn District Court.

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Lynn Man Faces Charges Of Domestic Violence After Attacking Girlfriend

From a prosecution perspective the strength of these cases depends on several factors. 1) Will the victim be cooperative throughout the course of the prosecution? Often times these relationships get resolved to the point where the victim refuses to cooperate thereby making the district attorney’s job more difficult. 2) Is there any independent evidence that the prosecution can use if the victim becomes uncooperative such as an eyewitness or a contemporaneous 911 call from the victim? 3) What did the responding police officers observe? Bruising, bleeding or other signs that the victim has suffered an attack can be used by the prosecutor to corroborate the allegations of Domestic Assault.

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Diomedes Junior Lugo and his mother’s boyfriend were fighting at their Leach Street home in Salem, Massachusetts on Wednesday. The concerned mother called the police who arrived shortly before 6:00 p.m. Neither the son nor the boyfriend were present initially. The police looked around and found the son, Lugo hiding in the basement. Lugo resisted their efforts to search him for weapons. Lugo started to cry and admitted to having cocaine in his pocket. It turns out the amount exceeded twenty eight grams. Lugo now stands charged with Trafficking Cocaine in Excess of 28 Grams, School Zone Violation, Assault and Battery on a Police Officer, Resisting Arrest and Possession With Intent to Distribute Cocaine. Bail was set in the Salem District Court in the amount of ten thousand dollars. The case will be prosecuted in the Essex Superior Court.

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Salem Man, 20 Looking At 7 Year Mandatory For Cocaine Trafficking

Any Salem, Massachusetts Cocaine Trafficking Defense Lawyer can sense that something is terribly wrong with this story. If Lugo and and mother’s boyfriend are fighting and the boyfriend left the home he obviously knew that she had called the police. If he knew then Lugo knew as well. Why then would Lugo place an ounce of cocaine in his pocket? No one would. It is stupid. There must be many places where the cocaine could have been hidden until after the police left the premises. The article went on to say that the police believed that there was evidence that Lugo was selling cocaine. If he was a cocaine dealer selling from his home there would be no need to keep the substance on his person particularly where the police were on their way to the house. Lugo’s defense lawyer will most likely exploit these points.

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