Massachusetts Criminal Defense Attorney Blog
The Brockton Enterprise reported that David Gregoire of Quincy and William Hogrell of Raynham were arrested and charged with multiple drug crimes and weapons offenses in the Quincy District Court. Read Entire Article, Brockton Enterprise September 19, 2008. According to the article, police believed that the defendants were dealing cocaine, OxyContins and Methadone out of a 62 year old woman’s apartment in a public housing complex in Quincy and that Gregoire “had set up shop” in that apartment. The 62 year old woman was identified as Susan McDermott. No charges have been filed against her. Police reported that McDermott admitted to using crack cocaine and that she turned over a crack pipe that was in her apartment. She also admitted that Gregoire was living with her and that he was selling cocaine. McDermott permitted the police to search her house. Police also located additional drug paraphernalia including scales and packaging materials. The weapon was a pair of brass knuckles.
The investigation began on Monday, September 15, 2008. Police received a tip that a drug deal was going down at Coop’s Bar and Grill on Washington Street in Quincy, Massachusetts. A surveillance was set up during which Gregoire was arrested and found in possession of 2 bags of cocaine, some pot and 6 OxyContins. The article was unclear as to why Gregoire was arrested and what probable cause, if any the police had to make that arrest. Further information led the police to McDermott’s apartment and the eventual purported consensual search of her apartment. While the police were at the apartment Hogrell arrived. He had 46 methadone pills in his pocket. He did not have a prescription for the pills.
It appears that at a minimum Gregoire will be charged with possession with the intent to distribute cocaine and OxyContins. Possession with the intent to distribute controlled substances in Massachusetts is a felony. Possession with the intent to distribute cocaine, a class B substance, permits a sentence of up to 10 years in state prison. Rarely is someone sentenced to that amount of time for this offense. If this is a first offense it is possible to have the case continued without a finding. If the case is disposed of in that manner you will not have a criminal record if you stay out of trouble for the period of time for which the case is continued. Hogrell will likely be charged with possession with intent to distribute methadone, also a class B substance. It is possible that McDermott was not charged with any crime because she has cooperated with law enforcement officials. The basis for Gregoire’s arrest may be subject to a constitutional challenge defending on the reasons articulate in the police report. This is typically done through a motion to suppress. A motion to suppress is a written request to a judge for an order to exclude certain evidence from being introduced during a trial. It serves to keep law enforcement in check and ensure that they do not violate a person’s constitutional rights. Usually, where the judge allows the motion and the evidence is suppressed the case is over. This is particularly true in drug cases where, without the drugs there can be no conviction.
No matter what crime you have been charged with it is important to hire a Massachusetts Criminal Defense Lawyer to defend you. Attorney Neyman represents the accused in all courts in the Commonwealth of Massachusetts. Our office is also engaged in criminal defense matters in many other states throughout the country. If you are in need of a Massachusetts criminal defense lawyer who has experience practicing in the Quincy District Court call our office now.
For more information on OxyContin visit the United States Drug Enforcement Administration website.
For additional information on cocaine facts go to the FreeVibe website.