Massachusetts Criminal Defense Lawyer Blog

More that 30 people are facing Massachusetts drug charges in Taunton and the surrounding areas after a three-day sweep at week's end, the Taunton Gazette reported.

The raids began on Wednesday and the Bristol County District Attorney's Office expected the arrests to continue through Friday as authorities targeted alleged heroine and crack cocaine dealers and customers. Dubbed Operation Diesel, more than 30 arrest warrants were being executed, according to the Massachusetts State Police.

A Taunton criminal defense lawyer should always be consulted in cases where a defendant is charged as part of such large-scale drug raids. Police and prosecutors love to make big announcements. But frequently such cases are not very strong and prosecutors are forced to quietly reduce or dismiss charges long after the television cameras have been turned off. Defendants should not make any statements until speaking to a Massachusetts defense lawyer experienced in handling drug charges. Evidence can be challenged. The results of search warrants can sometimes be kept out of court. But a defendant's statements can be the most damaging evidence in cases where a suspect fails to remain silent and wait for the assistance of an experienced attorney.

Defendants were being arraigned in Taunton District Court and Fall River Superior Court. At least 18 people were arrested on warrants on Wednesday. Defendants ranged in age from 17 to 50.

Most of the arrested were for charges alleged in arrest warrants, but authorities report making at least one undercover drug buy. State troopers and Taunton police said they initiated a buy on the grounds of the Riverside Apartments on Paul Bunker Drive. Authorities say an undercover officer was led to nearby Harrison Street, where occupants of a Chrysler van allegedly sold him crack cocaine.

Four people were arrested after the van was followed to a nearby convenience store.

Continue reading "Dozens arrested on Massachusetts drug charges in Taunton and Fall River" »

A 54-year-old Milton man who was imprisoned as a major area drug supplier three decades ago, has been arrested and faces Massachusetts drug distribution charges for allegedly selling a pound of marijuana in Quincy, the Patriot Ledger reported.

Bradley St. George was arrested by the Quincy Police Department's drug unit after an alleged drug deal about 9 p.m. Friday. He pleaded not guilty in Quincy District Court to charges of distributing marijuana, conspiracy to violate drug laws and violating drugs laws near a school. Bail was set at $5,000 and the next court hearing was scheduled for July 15. Massachusetts drug charges are enhanced if a sale or other drug violation occurs near a school. The law mandates a 2-year sentence when a drug offense occurs within 1,000 feet of a school zone of 100 feet of a public park.

The Patriot Ledger reports that St. George was one of 20 people arrested during a December 1981 drug sweep that netted $1 million worth of cocaine and marijuana. At the time, authorities accused the then-26-year-old as a major cocaine supplier who ran a network of drug dealers. Police in that case seized seven pounds of cocaine and $164,000 in cash. He was sentenced to 2 1/2 to 5 years in prison after pleading guilty to cocaine trafficking, according to the Patriot Ledger.

In the current case, deputies in an unmarked cruiser report witnessing a drug deal between the defendant and a 44-year-old Freetown man while parked in a car in the St. Mary's School parking lot. After the alleged transaction, police stopped both men and found a pound of marijuana on the second suspect and $1,800 and small bags of marijuana on St. George, according to the report.

The second man, Robert Fitzmaurice, 44, was charged with marijuana possession with intent to distribute, conspiracy to violate drug laws, and violating drug laws near a school. Police report a receipt in St. George's car showed a bank balance of $74,000, though he claimed to be unemployed.

St. George told the Patriot Ledger that he had been laid off and had earned and saved the money in the account.

Continue reading "Milton man faces Massachusetts drug charges in Quincy" »

A Boston man wanted on Massachusetts cocaine trafficking charges, is facing a variety of charges after being arrested in Attleboro, the Sun-Chronicle reported.

Santiago H. Gonzalez, 40, of Dorchester section of Boston, was arrested after a neighbor reported a suspicious man sitting in a car with the motor running. An Attleboro criminal defense attorney experienced in handling drug charges may challenge the probable cause for search and arrest in this case. Gonzalez was ordered held on $50,000 cash bail after pleading not guilty in Attleboro District Court to charges of possession of cocaine, disturbing the peace and providing a false name to police.

Gonzalez told police he waiting to pick up a friend of his girlfriend's, whom he thought lived at the address. Police say he gave them a driver's license with a different name. A woman at the residence told police he was there to look at her apartment because he was considering subletting it.

During a search, police seized $644 and a small amount of cocaine wrapped in a $1 bill.

An FBI fingerprint search at the police station identified Gonzalez and listed several warrants for his arrest, including a warrant for trafficking in more than 28 grams of cocaine.

Bail was set at $25,000 but reduced to $10,000, which he posted. He is due back in court on May 5.

Continue reading "Boston man arrested on warrants for cocaine trafficking after neighbor reports suspicious vehicle" »

A Fall River couple is facing Massachusetts drug charges after police seized more than 5,000 oxycodone and suboxone pills, The Herald News reported.

Levasseur is charged with trafficking more than 200 grams of a Class A drug, conspiracy to violate the drug laws and a drug violation in a school zone. Investigation by the D.A.'s State Police Drug Unit, ended with the execution of a search warrant at an address in the 200 block of Ames Street and on the suspect's apartment on Vale Street. Fall River police also assisted in the investigation and execution of the warrant. Authorities report that Levasseur had 4,975 30 mg oxycodone pills on his person. Inside the defendants' apartment, police seized 30 Suboxone pills and more than $13,000 in cash.

Both drugs are prescription medications. Oxycodone is a painkiller known to cause physical and psychological dependence. Suboxone is used to treat opiate addiction.

Continue reading "Fall River man faces Massachusetts drug distribution charges after police raid seizes prescription drugs" »

Two men were arrested Friday on drug trafficking charges in Attleboro after a five-month investigation, which seized $12,000 in cash and nearly a kilo of cocaine valued at $25,000, the Sun Chronicle reported.

An Attleboro criminal defense attorney experienced in handling Massachusetts drug charges should be called to represent anyone facing charges of drug trafficking in Massachusetts. Often, the amount of drugs confiscated will prompt law enforcement to allege drug trafficking without sufficient evidence. Additionally, search warrants and other tactics used by undercover law enforcement can be challenged in court by an aggressive and experienced Massachusetts criminal defense attorney.

In this case, a 34-year-old Bellingham defendant and a 24-year-old Attleboro defendant pleaded not guilty in Attleboro District Court.

Each man is charged with trafficking in more than 100 grams of cocaine, conspiracy to violate drug laws and violating drug laws in a school zone. The charges are the result of an ongoing investigation by Attleboro, Franklin, Medway and Bellingham police and U.S. Immigration and Customs Enforcement.

The judge rejected a prosecutor's request for $5 million cash bail for each suspect and set bail in the amounts of $25,000 and $15,000.

If convicted, each defendant faces at least 5 years in prison. Police said additional charges may be filed in Worcester County because of the amount of cocaine seized in the apartment of one of the defendants.

After several months of investigation, police stopped one of the defendants on North Main Street near Dewey Avenue in Attleboro around 11:45 p.m. Thursday. Police reported finding a bag containing 125 grams, or an eighth of kilogram of cocaine, inside a baseball cap under the passenger's seat of the vehicle.

Upon obtaining a search warrant for the apartment, police reported seizing an additional 150 grams of cocaine as well as an additional 616 grams kept in a locked safe. Police also reported finding $2,100 on one of the defendants and $10,486 in a hidden compartment under the master bedroom whirlpool tub.

A defense attorney for one man disputed most of the evidence and said he did not believe there was a strong case against his client. The attorney for the other defendant, who is a former airport security officer, said his client was innocent and the money found was not connected to illegal drug activity.

Continue reading "Two men face Massachusetts drug distribution charges in Attleboro District Court" »

Rafael Esquilin, 30, was arrested on charges of possession of a Class B drug with intent to distribute, after police found several bags each containing about six grams of cocaine on his person reports the Dedham Transcript.

Dedham police had been conducting surveillance of an admitted drug user prior to Esquilin's arrest. When the resident of the home and Esquilin were spotted in the driveway making what looked to the police to be some sort of exchange while seated in Esquilin's car, the police investigated further only to find that Esquilin had failed to have his vehicle inspected.

The lack of a proper vehicle inspection sticker is what gave the police reason to stop Esquilin; police cannot, without more, act solely on a hunch that a drug transaction has taken place. In these types of cases, where police allege that they observed a drug transaction, an experienced Massachusetts criminal defense attorney will often file a motion to suppress, arguing that there was not probable cause or reasonable suspicion to seize the defendant.

Esquilin pleaded not guilty at his arraignment in Dedham District Court on the drug charge as well as charges of driving with a revoked license and driving with no inspection sticker.

Attorney Michael DelSignore is a Massachusetts criminal defense lawyer, defending individuals charged with criminal offenses throughout the Commonwealth. Call (508) 455-4755 now for a free consultation or send an email.

The Massachusetts Appeals Court found an inventory search in a drug case to be in violation of the Fourth Amendment and Article 14 of the Massachusetts Constitution. In Commonwealth v. Vanya V, 75 Mass. App. Ct. 379 (2009), decided October 9, 2009, the court ruled that the police improperly searched a locked bag as no exception to the warrant requirement justified the search and the search was not conducted pursuant to an inventory policy to constitute an inventory search. In Vanya V, the officer found a locked bank bag inside a backpack. The officer attempted to gain consent to search the bank bag but it was denied and instead the officer opened the bag by using a knife to tear the stitches of the bag. Drugs and money were found inside the bag.

To conduct a search the police must have a warrant unless an exception to the search warrant requirement of the Fourth Amendment and Article 14 apply. One exception is the inventory search exception. The rationale behind the inventory search exception is to protect the property of the person arrested, protect the police from false claims of theft and to protect the public. A valid inventory search must be conducted pursuant to a written policy by the police department.

In the case of Vanya V, the inventory search policy failed to have any policy or procedure that would authorize a police officer to open closed containers in every case. Accordingly, because the inventory policy of the police department did not provide detailed procedures as to how the police were to conduct the inventory search with regard to locked containers as opposed to closed containers, the court suppressed the evidence of narcotics found in the containers and used to support the Massachusetts drug charges against the defendant.

Massachusetts drug and gun charges often involve hearing to suppress evidence based on a violation of the Fourth Amendment to the United States Constitution. For a Massachusetts criminal defense lawyer, a motion to suppress is a critical part of the defense of drug and gun cases and can result in charges being dismissed.

Acting on anonymous tips about frequent comings and goings at a Hough's Neck house supplied by neighbors, Quincy police made three arrests of suspected drug dealers. All three are believed to operate independently of one another. After two months of surveillance, drug unit detectives collected enough information to apply for warrants and searched the men's homes. The charges following from the searches conducted under these warrants include possession of illegal drugs with intent to distribute. The Quincy Patriot Ledger's report does not specify the basis for the warrants other than that "people in Hough's Neck reported frequent comings and goings" at the homes of two of the men. This leaves me wondering, as a Quincy narcotics crimes defense lawyer, what the police and the neighbors actually saw, and what they assumed, about the men's activities.

With the warrants they obtained, police first searched the apartment of Marco Rose, 26, and arrested him on charges of possession of crack cocaine with intent to distribute, as well as marijuana possession. After pleading innocent at his arraignment in Quincy District Court, he was released without bail and is to appear in court again on April 23. Police also searched the apartment of John DeFranco, 25, found heroin and arrested him on charges of possession of heroin with intent to distribute. Like Rose, he pleaded innocent, was released without bail and is due back in court on April 23. Then, police searched the home of John Wittekind, 55, and arrested him on charges of trafficking in heroin, Percocet, oxycodone and Viagra. The news report does not give any information about his arraignment.

The news report also does not provide information about how or where the drugs were found in the men's homes, but as a Massachusetts drug crimes criminal defense attorney, I have seen enough drug offense cases to know that people charged with these crimes can still be found not guilty of them in court. I would ask a lot of questions about the warrants: Was there really probable cause for the police to believe that they would find drugs or drug paraphernalia in the men's homes? Could they imagine no other reason that there might be a lot of people coming and going, besides drug dealing? And the police relied on anonymous tips from neighbors to zero in on the men in the first place. Informants have to be considered reliable and trustworthy in order for the information they supply to serve as the basis for a warrant. Tips from anonymous neighbors are far from reliable; neighbors may have personal grudges that have nothing to do with drugs, or may not be neighbors at all. Additionally, I would ask a lot of questions about how police decided that the men had intent to distribute. Many times, law enforcement assumes the intent based solely on the amount of drug found, regardless of whether there is any evidence of sales.

If the Commonwealth of Massachusetts cannot answer these questions satisfactorily, an experienced Massachusetts drug crimes defense attorney may be able to undermine the case against the defendant. If the warrants were obtained without sufficient probable cause, all evidence found in the searches could be suppressed. Ths is important, because anyone in a situation like the one Rose, DeFranco, and Wittekind find themselves in is facing years in prison, possibly decades. Defendants in this situation need a Quincy drug crimes attorney who knows what questions to ask and how to respond to the answers.

Continue reading "Quincy Police Arrest Three on Massachusetts Drug Charges" »

A Hudson auto shop owner faces drug- and weapon-related charges based on searches of his business and home, according to a recent report in the MetroWest Daily News. Richard Hatch, Jr., 38, of Sudbury, was arrested along with Carl Lagrassa, 40, of Marlborough, after a police search of Hatch's business, Advanced Automotive Experts. The search, for which police had a warrant, yielded a semiautomatic handgun and a rifle, for which Hatch did not have a permit. Police also found and confiscated 150-200 prescription pills for drugs such as Ambien, a sedative sleep aid, and two opiates used to treat opiate addiction, methadone and Suboxone. Officers also seized a cell phone, a computer, and about $175 in cash from the auto shop.

It was not clear why police originally searched the shop. However, after the shop's search, Sudbury police searched Hatch's home and Marlborough police searched Lagrassa's apartment. The search of Hatch's home yielded eight rifles, a black-powder rifle, hundreds of rounds of ammunition, and more prescription pills. The search of Lagrassa's apartment also yielded more prescription pills, including the painkiller Suboxone (buprenorphine), and weapons, including a .44 caliber Smith & Wesson, other handguns, and a loaded 12-gauge shotgun. The weapons and ammunition were stored in a wooden gun case. According to court records, Lagrassa had a permit for large-capacity firearms, but police suspended it because he was selling prescription drugs. Police also observed a man enter and exit Lagrassa's apartment before the search; upon pulling over his car after he left, they found two bottles of Suboxone with Lagrassa's name on them in the car.

Hatch has been charged with possession of a Class B substance with the intent to distribute, possession of a Class C substance with the intent to distribute, possession of a Class E substance with the intent to distribute, unlawful possession of a firearm and improper storage of a firearm, all based on the search of his auto shop. Charges resulting from the search of Hatch's home have not been filed. Lagrassa was charged with possession of a Class C substance and improper storage of a firearm. Both Hatch and Lagrassa were arraigned in Marlborough District Court, were released on $500 and $300 cash bail respectively, and will return in April for pretrial hearings.

As a Marlborough, Massachusetts criminal defense lawyer with expertise in drug and weapon offenses, it is clear to me that anyone charged with such offenses should contact an experienced lawyer immediately. Possession of a firearm without a Firearm Identification Card carries a mandatory minimum jail sentence. Drug possession with intent to distribute is a felony and can result in substantial jail time, oppressive probationary conditions and loss of driving privileges. However, prosecutors may simply assume that there was intent to sell based on the amount of the drug found. A Westborough, Massachusetts drug crimes defense lawyer can help anyone faced with such charges by forcing prosecutors to prove that there was such an intent -- and intent is difficult to prove. An experienced attorney can also review the search warrant to determine whether it was obtained and executed properly.

Continue reading "Police Search Results in Weapon and Drug Charges for Sudbury and Marlborough Men" »

Massachusetts gun and drug charges have been dropped against a 30-year-old Worcester man after a judge tossed out evidence he ruled had been unlawfully obtained by police, the Worcester Telegram reported.

An experienced Worcester, Massachusetts defense lawyer should represent anyone facing Massachusetts weapons charges, drug charges or other serious criminal charges in Worester Superior Court. An experienced Worcester defense attorney can sometimes use search and seizures laws in Massachusetts drug cases to get evidence dismissed.

In this case, the defendant was indicted in 2008 on 30 firearm and drug charges after a police raid that authorities say netted heroine, cocaine and two caches of loaded weapons.

An Assistant District Attorney said the charges were dropped after the defense won two motions to suppress evidence, noting the remaining evidence was not sufficient to obtain a conviction.

The Worcester police vice squad and SWAT team conducted the raid after obtaining a search warrant. The defendant was not home and officers arrested him before an arrest warrant had been officially prepared and issued. The judge threw out evidence found during the arrest, including heroin and ammunition. The judge also ruled evidence found in one of five garage units was inadmissible because the warrant had not specified which garage unit was to be searched.

Continue reading "Massachusetts gun charges, drug charges, dropped as a result of faulty Worcester search warrant" »

A 45-year-old former Burlington police officer has been arrested on Massachusetts drug charges for allegedly helping his son run a drug-distribution ring in Burlington, the Boston Globe reported.

A Burlington criminal defense lawyer,experienced in defending clients facing drug charges in Woburn District Court, should represent anyone facing serious drug charges in Massachusetts.

A total of seven defendants, including the former officer, who retired in 2002, and his 26-year-old son, face a series of Massachusetts drug charges, including drug trafficking, conspiracy and drug possession with intent to distribute.

The suspects are from Waltham, Stoneham, Wakefield, Woburn and Burlington and were arraigned and ordered held on cash bail in amounts ranging from $750 to $10,000.

Prosecutors describe the officer's son as the alleged ring leader of a drug distribution ring, the Globe reported.

The seven defendants were identified after detectives tapped phone lines they believed were being used as part of a large-scale heroin ring in Middlesex County.

Continue reading "Former Burlington police offier faces Massachusetts drug trafficking charges " »

Two teens and a young male defendant are facing Massachusetts drug charges and weapon's charges in Milford District Court.

Police arrested the trio in separate drug raids last week; one of the suspects reportedly fired a pellet gun at detectives as he tried to flee, the Milford Daily News reported.

The men, ages 17, 19, and 22, were all held on bail following arraignment. An electric stun gun and prescription painkillers were among the items seized by police.

The 19-year-old man allegedly offered crack cocaine to an undercover detective. When police identified themselves, he reportedly pulled a gun from his pants and started shooting at detectives while running away. The gun turned out to be a fake and shot only plastic bullets.

The defendant was charged with possession of cocaine, distribution of cocaine and assault with a dangerous weapon. he was arraigned in Milford District Court and held without bail pending a dangerousness hearing.

The other two defendants were arrested without incident in a separate bust, after police reported seeing a drug deal at Countryside Liquors on Central Street. Police confiscated Percocet, an electric stun gun and about $1,300 in cash.

The 17-year-old teen was charged with drug distribution and conspiracy to violate drug laws. He was ordered held on $5,000 cash bail following his arraignment.

The 22-year-old was charged with carrying a dangerous weapon, possession of an electronic weapon, possession of Percocet and conspiracy to violate drug law. Police say he also is wanted on two out-of-town warrants and was held on $2,500 cash bail following arraignment.

Continue reading "Massachusetts trio facing drug and gun charges in Milford District Court" »

A 24-year-old Raynham man is facing Massachusetts drug charges after a raid this week by the Drug Enforcement Administration and police. Authorities seized drugs and more than $100,000 in cash, according to the Brockton Enterprise.

Boston Criminal Defense Lawyer Michael DelSignore is an experienced Boston drug trafficking attorney who fights for the rights of clients facing Massachusetts drug charges in Taunton District Court as well as other serious traffic and criminal offenses.

In this case, the Sunflower Drive man was charged with possession and trafficking in oxycodone and possession and trafficking in marijuana. He was arraigned in Taunton District Court and released after posting $5,000 bail.

Authorities raided the man's home, where they found 156 pills believed to be Percocets and 42 large, heat-sealed plastic bags and two more open bags, all of them containing what is believed the be marijuana, according to The Enterprise.

Police also searched the defendant's mother's house, where they believed he was keeping money, and found three safes, one of which contained 24 bundles of money amounting to more than $100,000.

Continue reading "Massachusetts Drug trafficking charges in Taunton District court follow evidence found in drug raid" »

A Wareham, Massachusetts man, Randy Kennedy and female, Christine Conte were arrested after the Wareham police executed a search warrant of their residence at 20 Linwood Avenue according to news accounts.

Kennedy was charged with drug distribution and drug trafficking. Conte was charged with weapons offenses as a result of having a handgun without an FID card and possession of ammunition.

In this case, a good Massachusetts criminal defense lawyer would review the search warrant to determine if there was probable cause to execute the warrant. To challenge the validity of a warrant a criminal defense lawyer reviews the affidavit in support of the warrant. Once the warrant is obtained a hearing date can be set to have a judge review the determination that probable cause existed to support the search of the residence. The warrant must contain facts indicating that there is probable cause to believe that criminal activity is occurring at the residence. Often in drug cases the police rely on confidential informants to provide the basis for obtaining the warrant. A court will carefully review the reliability and veracity of the unnamed informant to determine whether the search was proper under the 4th Amendment of the United States Constitution and Article 14 of the Massachusetts Declaration of Rights.

A Massachusetts criminal defense attorney would also review the search warrant to ensure that there is probable cause to believe that illegal activity was occurring at the residence searched. In some drug cases, the police improperly obtain a warrant to search a house of a defendant based on drug activity occurring away from the house. In those situations, a motion to suppress the search should be successful.

Based on the news account, the Wareham defendants face serious charges that could result in the Commonwealth seeking a cash bail. This case will require a criminal lawyer to carefully investigate the case to prepare a defense.

A Massachusetts drug distribution charge was brought against a Falmouth man after police arrested him with 43 pounds of marijuana mailed to a Pembroke home and addressed to the Pembroke Little League.

The Brockton Enterprise reported that police closed in Tuesday after the package was delivered and the man loaded it into a truck.

He was charged with intent to distribute and held by Pembroke police on $10,000 cash bail, pending an arraignment in Plymouth District Court.

In this case, a Massachusetts defense attorney experienced in handling drug cases in Plymouth District Court might challenge whether the defendant knew the package contained illegal narcotics.

A Massachusetts intent to distribute charge requires the Commonwealth to prove that a defendant not only possessed narcotics, but had the further intent to distribute. The state may well argue that the defendant was caught in the act of distributing by taking delivery of the package and attempting to move it, even if he never intended to sell the drugs on the street.

Other factors the state frequently uses in an attempt to prove a distribution charge include the amount of narcotics found on the individual, whether the individual has large amounts of money, or other items associated with drug distribution.

Whether or not the amount of marijuana delivered was intentional, it is interesting to note the Class D sentencing schedule for marijuana sale begins at 50 pounds, which would carry a minimum penalty of a year in prison and a maximum penalty of 15 years behind bars.

Police allege he arranged to have the marijuana dropped off at the Penbroke house by a package delivery company. However, police would not disclose the address of the house, how they knew the package would be arriving or the name of the delivery company.

Authorities also questioned whether the man was part of a larger drug operation.

"When you start talking about 43 pounds, that's an awful lot of marijuana for a particular area," police Lt. Mike Jenness told the Brockton Enterprise. "I don't believe it's a one-person, one-time shot."

Police said the 43 pounds of marijuana had a street value of more than $150,000.

Authorities said they were uncertain why the package was addressed to the little league and have determined that there is no little league organization in town.

Continue reading "Massachusetts drug distribution charge against Falmouth man after being busted with 43 pounds of marijuana addressed to the little league" »