Massachusetts Criminal Defense Lawyer Blog

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" »

The Massachusetts Appeals Court, in Commonwealth v. Deniz overturned a conviction of drug trafficking relying on the Melendez-Diaz decision of the United States Supreme Court to hold that the Commonwealth failed to prove the weight of the narcotics and that the substance was in fact an illegal narcotic.

A conviction of drug trafficking in Massachusetts requires that the Commonwealth prove that the defendant possessed over a certain quantity of cocaine or other illegal narcotics. A Massachusetts drug offense based on trafficking begins with possession of over 14 grams; the sentence is then increased depending on whether the amount is over 28 grams, 100 grams or 200 grams. Any possession with the intent to distribute less than 14 grams is a distribution charge that would be prosecuted in district court as comparing to trafficking cases which are heard in the superior court.

Additionally, the court found that without the drug certification the Commonwealth failed to prove that the substance was cocaine. Since Melendez-Diaz, the court has found in numerous cases that the admission of the drug certificate was harmless error by holding that the officer was permitted to testify that based on training and experience that the officer could identify the substance as an illegal narcotic. The court has also relied on admissions of defendants to find that the admission of the drug certificate was harmless error. In Depina, the Commonwealth did not offer testify as to the officer's training and experience to make the admission of the drug certificate harmless error.

Continue reading "Drug trafficking conviction overturned by Appeals Court under 6th Amendment confrontation case Melendez-Diaz" »

Two teenagers are facing drug charges after police found marijuana, cocaine and alleged drug packing materials in an Attleboro apartment, according to the Sun Chronicle.

In this case, a Massachusetts defense lawyer experienced in representing juveniles and adults for drug crimes in Attleboro District Court might challenge the legality of the search. Although the case is complicated by the presence of a wanted suspect allegedly hiding on the premises, police did not arrive with a warrant pursuant to a drug investigation.

Additionally, one of the teens faces probation violations. An experienced Attleboro probation violation attorney will need to fight those charges in addition to the current charges. Probation violations can be serious because they often result in sentences being imposed for past crimes in addition to current charges.

In this case, police were looking for a 17-year-old male wanted by the Department of Youth Services, when they found him hiding in the apartment and took him into custody along with another 17-year-old at the Pearl Street apartment.

An assistant district attorney said the wanted teen was an alleged gang member and the drug arrests were made after police smelled marijuana in the apartment.

Police seized a bong for smoking drugs, 10 baggies of a white powdery substance, four bags reportedly containing marijuana, a scale, plastic baggies and a .45 caliber bullet.

The second teen, who was on probation, was ordered held without bond in Attleboro District Court pending a probation violation hearing. He has previous convictions for carrying a dangerous weapon, possession of marijuana, vandalism and driving to endanger, according to the report. He is also accused of making telephone threats to a family member over money reportedly owed for drugs.

The other teen was ordered held in jail on $4,000 cash bail. Both teens pleaded innocent and their lawyers deny their clients had any involvement with drugs in the house. One of the lawyers did indicate challenging the legality of the search was being considered.

Continue reading "Teens face Attleboro, Massachusetts drug charges, probation violation hearing" »

A Weymouth, Massachusetts man was charged with possession of cocaine with the intent to distribute. A charge of possession of cocaine with the intent to distribute, is a felony offense, that carries with it the potential for jail time and a three year license loss upon conviction.

An intent to distribute charge requires the Commonwealth to prove that a defendant not only possessed narcotics, but had the further intent to distribute. This is proven based on the amount of narcotics found on the individual, whether the individual has large amounts of money, or other items associated with drug distribution.

On December 11, 2009, a Weymouth man, Rodriguez J. Lugay, was arrested for drug distribution in Quincy. According to the news account, it appears as though the police believed that they witnessed a drug transaction and arrested Rodriguez. As a Massachusetts criminal defense lawyer, cases like this, where the police claim to have witnessed a drug transaction, often raise a claim that a defendant's constitutional rights under the Fourth Amendment have been violated.

A Rhode Island man was charged with drug trafficking in cocaine out of the Fall River District Court. A Massachusetts drug trafficking charge is based on the amount of illegal narcotics, in the case of the Rhode Island man, cocaine, found on the individual. Massachusetts drug laws Chapter 94C Section 32E defines drug trafficking offenses. A drug trafficking offense in cocaine is based on the amount of the cocaine seized. Any amount less than 14 grams will be considered a distribution charge and remain in district court. A trafficking charge of over 14 grams of cocaine but less than 28 grams will have a mandatory minimum jail sentence of three years and a maximum state prison sentence of 15 years. A trafficking charge of over 28 grams but less than 100 grams will have a mandatory minimum sentence of five years with a potential maximum sentence of 20 years.

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