Massachusetts Criminal Defense Lawyer Blog

Illegal search and seizure in Massachusetts will prevent drugs and a gun from being used against a Fall River man facing federal criminal charges in U.S. District Court, the Herald News reported.

Chief Judge Mark Wolf ruled in favor of the defense in excluding part of the evidence Fall River vice detectives uncovered during a search of the Blackstreet Home of defendant Aryam Gonzalez during a raid on Feb. 13, 2009. A second motion is pending before the court that asks the judge to prevent prosecutors from introducing at trial a second gun allegedly found in the home.

This case illustrates the dramatic impact an experienced Fall River defense lawyer can have on a case when successfully arguing that law enforcement inappropriately searched a defendant's car, home or person. Evidence found as the result of a search is frequently the primary reason for bringing charges. A reduction or dismissal of the charges often results when such evidence is then excluded from court.

During a suppression hearing in May, evidence was presented that vice detectives were executing a search warrant on the defendant's home when he walked out and began to run away. He was tackled, placed in a choke hold and punched during arrest after officers claim he attempted to conceal drugs in his mouth. During the arrest, he allegedly told police where to find drugs and a gun in a shoebox in his room.

The judge ruled Gonzalez did not knowingly waive his right to remain silent while make a statement during such a physical arrest. Therefore, prosecutors will not be able to use that evidence in court. A second gun was found beneath the defendant's mattress.

Gonzalez has remained in custody while awaiting trial. He faces up to 15 years in prison if convicted. However, unless successfully appealed, the judge's ruling will likely result in a reduction or dismissal of a substantial part of the case against him.

Continue reading "Illegal search leads to dismissal of evidence in Fall River drug case " »

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" »

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" »

The Dartmouth police seized 200 pounds of marijuana resulting in two individuals, Ricardo Zamora, and Joseph Zamora being charged with trafficking in marijuana and conspiracy to violate the drug laws. Trafficking in marijuana is an offense that carries with it a mandatory minimum jail sentence of three years with a maximum sentence of 15 years. Trafficking charges are heard in the superior court. While the details of this incident are unclear, in a drug trafficking charge a Massachusetts drug crimes lawyer will attempt to explore motions to suppress to exclude evidence, determine what evidence that the Commonwealth has to prove that the defendant possessed over the governing amount of illegal narcotics.

In this case, the Commonwealth would have to prove that the defendants possessed over a 100 pounds of marijuana to trigger the mandatory three year sentence. According to the news account, the defendants possessed over 200 pounds. In addition to trying to exclude evidence based on constitutional issues, a Massachusetts criminal defense attorney would also attempt to see if the charge can be reduced to require a lesser sentence in the event of a disposition.