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On December 31, 2009 Frank Garcia was pulled over by Billerica Police on what has been called a motor vehicle infraction. During the stop the officers became suspicious that Garcia might have been involved in selling drugs so they called for a couple of canine officers. Garcia was detained until the canine units arrived. The dogs apparently gave an indication that drugs were present and Garcia’s car was searched. Inside the police found over four hundred grams of cocaine and twelve thousand dollars cash. Garcia was arrested and subsequently charged with Trafficking Cocaine in Excess of 200 Grams, Possessing and Uttering a False Driver’s License and Giving a False Name to Police Officers. The case will be prosecuted in the Middlesex Superior Court in Woburn.

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Billerica Police Make Cocaine Bust Resulting In Trafficking Charges

How does a “routine motor vehicle stop” result in a suspect being detained until drug sniffing dogs are brought to the scene? This article certainly does not answer that question. I assume that the false driver’s license and providing a false name to police officers was not detected until after the search revealed the large quantity of cocaine. Otherwise, Garcia would have been arrested and charged with the Massachusetts Motor Vehicle Offenses, his car would have been inventoried and towed and he would have been released on a rather low bail. The prosecution is going have to establish the legality Garcia’s detention or arrest and the search of the car because the Massachusetts Cocaine Trafficking Defense Lawyer defending Garcia will try to get the stop, detention, search and ultimate arrest dismissed through a Motion to Suppress.

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Oscoe Housen is being held without bail pending a dangerousness hearing in the Framingham District Court. The district attorney is alleging that Housen broke into a former girlfriend’s home and stabbed her and a man who was present at the time. The man was stabbed in the back. The woman was stabbed in the chest and arm. Housen is being charged with Domestic Assault and Battery, Assault and Battery by Means of a Dangerous Weapon, Violation of a 209A Restraining Order and Home Invasion. The case will probably be indicted and prosecuted in the Middlesex Superior Court in Woburn.

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Man Facing Domestic Violence Charges In Framingham District Court

The Home Invasion charge is the most significant in this case. The law in Massachusetts pertaining to Home Invasion states that anyone who is armed with a dangerous weapon and goes into someone else’s home and uses that weapon shall be punished for a minimum of twenty years in state prison. There is a requirement that the defendant know that someone was home at the time he went into the property or that he had reason to believe that someone would be home. Massachusetts Criminal Lawyers know that there is now a legal dispute in Massachusetts as to whether or not a judge can place the person on probation rather than impose the minimum sentence of incarceration for twenty years. If the article is accurate and Housen is convicted of this crime I have little doubt that he would be sentence to the twenty year mandatory given the apparent seriousness of the injuries to the victims.

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Just before midnight this past Sunday night a Massachusetts State Police officer pulled Corey Oliver over after observing him swerving in and out of traffic and committing several other Motor Vehicle Crimes. During the stop the Trooper found twelve pounds of marijuana in an undisclosed location in the car. Oliver was arrested and charged in the Newburyport District Court with Possession With Intent to Distribute Marijuana and Possession of Marijuana. Oliver was arraigned and held on ten thousand dollars cash bail.

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Marijuana Charges Issue For Maine Man Caught With 12 Pounds In Car

Ten thousand dollars cash bail seems pretty high for a case of this nature. Sometimes bail for out of state residents is set higher than it is for in state residents. There is often a fear that absent some incentive out of state defendants might not return to Massachusetts to defend their cases. Assuming Oliver has no criminal record or a minor record I would think the bail will be reduced after a bail appeal in the Essex Superior Court in Salem. I would not be surprised if he already posted bail.

The case itself suggests a couple of defenses. Constitutional issues come into play any time there is a seizure of evidence. A Motion to Suppress either the stop or the search of the car or both will likely be filed. It would be interesting to learn the location in the car where the drugs were found. If not in plain view then suppression of the drugs might be viable. If the drugs were in plain view why did the police refuse to disclose that in court? Other factors to consider are 1) was anyone else in the car with Oliver; 2) who owned the car; 3) what factors suggest that Oliver had knowledge that the drugs were in the car; 4) why would anyone with a large quantity of drugs drive in the manner Oliver did if he had knowledge that drugs were in the car? Any good Massachusetts Drug Lawyer would love to defend this case.

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According to the Metrowest Daily News two men were arrested Sunday in Framingham, Massachusetts and charged with Rape. One of the men, Oscar Irigoyen is an adult who resides in Florida. The other is sixteen years old. He is currently being charged as a juvenile and as a consequence his name has not been released. The report states that on Sunday police were called to an apartment around 6:30 p.m. Nearly one hour after they arrived they arrested Irigoyen and the unnamed juvenile. Irigoyen has been charged with Rape by Force, Indecent Assault and Battery, Possession of a Dangerous Weapon, Intimidation, of a Witness and Being a Minor in Possession of Alcohol. It is alleged that there are two victims, one of whom is a minor. Apparently one of the victims wanted to leave the apartment earlier in the evening but stayed when the other refused to leave. The district attorney is looking to detain Irigoyen on Dangerousness grounds. The case will likely be prosecuted in the Middlesex Superior Court in Woburn, Massachusetts.

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Two Charged With Rape, Related Sex Crimes In Framingham Court

This article leaves much information blank that a Framingham, Massachusetts Rape Defense Lawyer would need to know in order to start preparing a defense of this case. What specifically happened at that apartment. Did any neighbors hear any noises, screams or see anything that would corroborate the complainants allegations. Why did it take the police nearly an hour to arrest the defendants. Is there any physical evidence that supports the complaints. What if anything did the defendants say. Why did one of the complainants want to leave while the other wanted to stay. Rape Cases in Massachusetts can be difficult for district attorneys to prove. Many times it is the word of one person against the word of another and absent strong evidence corroborating the complainants story the chances of acquittal are strong.

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Actor Charlie Sheen has been arrested and charged with menacing a deadly weapon, second-degree felony assault and criminal mischief. According to The Aspen Daily News, upon conviction, felony menacing usually carries a potential sentencing range of one to three years in prison, and second-degree assault usually carries a range of two to six years in prison. Criminal mischief in Colorado does not include a mandatory minimum prison sentence upon conviction.

Sheen’s arrested was prompted by a 911 call to the police from his wife Brooke Mueller. According to reports, an argument began when Meuller informed Sheen that she wanted a divorce and custody of their twin boys. Mueller claimed that Sheen grabbed her by the upper neck and threatened her with a knife. It has been reported that Mueller had high levels of alcohol in her system at the time she made the report. As we all know, there are two sides to every story. Sheen denies his wife’s allegations. This type of case is categorized as a case of “domestic violence.” When police are called to a residence because of an allegation of “domestic abuse” usually one of the parties is arrested and it is usually the man.

If you have been arrested and charged with a crime of domestic violence you must have an experienced Massachusetts defense lawyer on your side. In most circumstances, the police advise the complaining party of his or right to have a civil restraining order. The standard for the issuance of a restraining order is low. Although a restraining order is a civil order, criminal charges may issue if there an allegation that the restraining order has been violated.

If you have been charged in a case of “domestic violence,” developing a strategy and conducting a complete investigation must take place early. Based on the facts of the case it is often important to document and/or photograph any injuries to the defendant, interview witnesses and take pictures of the scene in order to mount a successful defense.

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Ryan Caverly is thirty one years old. He currently lives in Lynnfield, Massachusetts. He and twenty five year old Vincent Migliore of Everett were arrested on Monday. Both were charged with Trafficking Oxycodone Over 14 Grams, Trafficking Oxycodone Over 28 Grams and Conspiracy to Violate the Massachusetts Drug Laws. Adriana D’Alleva was also arrested on drug charges and charged with Trafficking Oxycontins. The district attorney is alleging that the defendants sold eight hundred oxycodone pills and one hundred ecstasy pills over the past few months to undercover police officers. Caverly is being held on five hundred thousand dollars cash bail, Migliore on two hundred fifty thousand dollars and D’Alleva on ten thousand dollars. It appears that the investigation might have started when Migliore was found in possession of eighty five thousand dollars at an Amtrak station in Chicago. During Caverly’s arrest police found thirty two thousand dollars cash, some drugs and drug paraphernalia. Migliore was found in possession of three hundred ninety nine oxycodone tablets at the time of his arrest. Right now the cases are pendint in the Peabody District Court however it is expected that the prosecution will take place in the Essex County Superior Court in Salem.

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Three From Massachusetts Charged With Trafficking Oxycontins

The facts of this article suggest that at least in Caverly and Migliore’s cases a Massachusetts Criminal Defense Lawyer will be looking closely at Search and Seizure issues. What prompted the investigation in the first place? Was it the seizure from Migliore in Chicago and if so, why did law enforcement seek him out? Was this a coincidental stop or did they have information suggesting that he was involved in illicit drug trafficking activity? The next question is how did that lead them to Caverly? Was he an active conspirator? And what is D’Alleva’s role in all of this? If the police investigation was questionable at any level motions to suppress will be filed. If successful these can result is exclusion of drug evidence at trial and possibly a dismissal of the case. It also seems strange that this case is being prosecuted in state court rather than in Federal Court particularly given what appears to be an active role of federal law enforcement in this investigation. Cases that have weaknesses from the prosecution’s viewpoint are rarely prosecuted in the Federal Courts. Perhaps this is good news for Caverly, Migliore and D’Alleva.

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Boston.com reported yesterday that the Massachusetts Attorney General’s Office indicted six people in what has been called an “elaborate” Mortgage Fraud Scheme. Charged in this case are Joshua Brown of Brockton, Massachusetts, Linda Defeo of Springfield, Bruce Namenson of Walpole and Brian Arrington of Boston. The Defendants from out of state are Brian Frank of New Hartford, New York and John Sweetland of Yorba Linda, California. Brown, Frank and Sweetland have been identified as real estate investors who fraudulently obtained loans from which they profited to the tune of two million dollars. Defeo and Arrington are mortgage brokers who submitted false loan applications to secure financing. Namenson is a former attorney whose role in the conspiracy centered on falsifying closing documents. The case is being prosecuted in the Suffolk Superior Court. Larceny Over $250 is a count common to all defendants. There are an aggregate two hundred forty one counts of this crime in this case.

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Mortgage Fraud Indictments Brought In Boston Against 6

Crimes like this are often difficult for prosecutors to prove absent some sort of cooperation from one or more of the conspirators. Without that assistance these cases are proved through paper trails that are typically voluminous and tough for juries to follow. These trials can be lengthy, tedious and costly. For this reason, many of these cases are resolved through plea bargaining and if restitution is made there are many instances where the “lower level” conspirators resolve their cases without jail time provided they can make restitution.

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Apparently, disgraced Senator Anthony D. Galluccio did not take advantage of the tremendous break he was given when a Cambridge District Court Judge allowed him to serve six months in home confinement. Galluccio received an early Christmas present when he was sentenced to six months home confinement on the condition that he submit to random alcohol testing, lose his license for five years and pay a $1,000.00 fine after he admitted to operating under the influence of alcohol, commonly referred to as “DUI” in Massachusetts, and leaving the scene of an accident causing personal injury. So far, Galluccio avoided serving the mandatory six month sentence in prison. However, he faces a detention hearing later on today.

According to The Boston Herald, because he failed “several” breath tests while under home confinement the probation department has issued a notice of detention which requires Galluccio to appear in court and explain why he should not be committed for violating his terms of probation. Apparently, Galluccio is blaming his toothpaste for his failed tests. The Herald reports that Galluccio stated the following after he was served with a detention notice, “[W]hile I knew that mouthwash or cold medicine would set the machine off, it did not occur to me that toothpaste would.” Despite the allegation, Galluccio maintains that he “fully committed to sobriety and continuing treatment, and remain focused on serving my constituents.”

In Massachusetts, a probation detention hearing is the first step that the probation department takes when seeking confinement for a probationer. Generally, notice of e detention hearing issues when a probation officer becomes aware that a defendant has not complied with conditions of probation. In this case, the probation department is claiming that Gallucio’s failure to remain alcohol free is a violation of probation and warrants “detention” or “incarceration.” During the initial hearing a judge will hear the probation officer’s reasons for wanting the defendant held pending a final hearing that generally takes place within ten days if a defendant is held. At both the initial and final detention or surrender hearings the defendant is given a chance to present evidence as to why he should not be surrendered. Although all of the facts of this case are not known at this time, the Senator seems to have an uphill battle on his hands as the Plymouth District Attorney Timothy Cruz, whose office prosecuted the case, said last night Galluccio should have been tossed in jail in the first place.

If you are facing a probation detention hearing or a probation surrender hearing in Massachusetts it is important that you have an expereinced Boston defense attorney on your side. In many Massachusetts District Courts defendants are not committed to jail because of the initial conviction however, as the result of a probation surrender. The consequences for not prevailing at a surrender hearing are high as a defendant may face serving the maximum sentence allowed for the underlying conviction.

The standards that the probation department must meet during surrender hearings are lower than the “beyond a reasonable doubt” standard that the Commonwealth must meet at trial to sustain a conviction. If you are facing a surrender hearing it is imperative that you have a qualified Massachusetts lawyer on your side to navigate you through the process.

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Erick Garcia’s former girlfriend went to the police station last Thursday around 3:00 in the afternoon claiming that Garcia had committed several crimes against her including, Assault and Battery, Kidnapping, Stalking and Assault With a Dangerous Weapon after refusing to accept the couple’s breakup. The woman reported that Garcia drove up to her, and dragged her into his car at knifepoint. Garcia further threatened that if he ever found her with another man he would kill both of them. He then stabbed her car seat with the knife and threatened to kill her daughter. It is alleged that some of the Threats were made by text message. Garcia is being held without bail pending a Dangerousness Hearing. The Massachusetts man now stands charged with those crimes in the Framingham District Court.

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Domestic Violence Charges Issue Against Framingham, Massachusetts Man Unable To Accept Breakup

Crimes involving Domestic Violence in Massachusetts are taken very seriously. Many of the crimes with which Garcia has been charged are felonies. There is a good chance that this case will be prosecuted in the Superior Court. Almost any time allegations such as this are made judges tend to hold the defendant without bail and schedule a dangerousness hearing at the request of the district attorney. It is critical that people charged with crimes involving these types of charges Hire an Experienced Massachusetts Domestic Violence Defense Lawyer. Getting the right lawyer can help you get released with a bail or possibly on personal recognizance. It is equally important to hire a lawyer who has successfully defended cases like these.

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The Lawrence Eagle Tribune reports that a fifteen year old high school student has been charged with distributing marijuana in a school zone. According to reports, the juvenile is believed to be the person that sold marijuana to another student at the school. The principal recovered nine ten dollar bags of marijuana and twelve dollars on the juvenile. The juvenile is scheduled to appear in Lawrence Juvenile Court.

Although all of the facts in this case are not known, a defendant charged with distribution of marijuana or intent to distribute marijuana in a school zone faces a mandatory sentence of two years in jail. The fact that in Massachusetts possession of under an ounce of marijuana has been decriminalized has given many teenagers a false sense of security. Although straight possession of marijuana under an ounce is not considered a criminal offense, the possession of under an ounce of marijuana with the intent to distribute and/or the distribution of under an ounce of marijuana is a criminal offense with stiff penalties. Simply passing a joint or a small amount of marijuana to a friend is considered “distribution” in Massachusetts. There is no requirement that money pass from a “seller” to a “buyer” in order for the “seller” i.e., distributor, to be charged with distribution.

In this case, the juvenile was questioned and told the authorities that he sold the contraband in Lowell Massachusetts. Depending on the circumstances, filing a motion to suppress this statement may be appropriate. In Massachusetts, the police (or anyone acting under the color of the state) cannot interrogate or question a suspect who is in custody unless he or she has been advised of the “Miranda Rights.” The “Miranda Rights” basically inform a suspect that he or she does not have to speak to the police, that he or she may contact an attorney, that anything he or she says can be used against him or her in court and that if he or she cannot afford an attorney one will be appointed to him or her. In the event that the statement is suppressed, the Commonwealth’s case against the juvenile for possession with intent to distribute is significantly weakened if not destroyed.

The types of factors that a finder of fact examines to determine whether a controlled substance was simply “possessed” or “possessed with intent to distribute” are the following: Whether a scale was found: Whether a large sum of money was found; Whether any cuttting implements were found such as a mirror: Whether plastic baggies were found and whether there were any admissible incriminating statements made by the defendant. The presence of any drug paraphernalia is a factor that is carefully scrutinized.

If you have been charged with possession with intent to distribute a controlled substance or distribution of a controlled substance you must have an experienced Massachusetts criminal defense attorney on your side.

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