Massachusetts Criminal Defense Lawyer Blog

Articles Posted in drug distribution/drug trafficking

Attleboro Police May Use Drug Testing to Snuff Out Bad Cops

January 20, 2012 | by Michael DelSignore

Attleboro’s police chief is pushing for drug testing of his officers after news broke that drugs went missing from the department’s evidence room, the Boston Herald reports, and he is asking for help on Beacon Hill.

No Attleboro drug arrests have been made yet, but the chief has been investigating, despite a “code of silence,” from within the department. The chief thinks drug testing could have prevented cocaine and other narcotics from being stolen and also will ensure it doesn’t happen again.

Our Attleboro criminal defense lawyers understand law enforcement officers are sometimes far from perfect. In this case, at least one officer is guilty of an Attleboro theft crime, and one involving drugs, no less.

It calls into question the ethics of the officers working in that department. The fact that some officers are potentially criminals and are being paid to investigate crimes is a big concern. Another issue concerns the credibility of the rest of the evidence in that locker room. How can defendants be sure that evidence intended to try to put them in jail or prison hasn’t been tampered with by officers?

The flip side of that coin is that, once accused, officers are even less likely to get the benefit of the doubt and an aggressive defense will be required. A conviction of any charge will almost certainly result in job loss and could end their career.

Drug testing for officers must be implemented through collective bargaining with unions. So the police chief is calling on lawmakers to create bills that would mandate random drug testing for public safety officials.

Attleboro and its police union are currently negotiating how to implement random drug testing. The police chief says officers are asking for pay raises if they are to submit to random drug testing, which is difficult to do.

Experts believe that unsolved police drug theft cases can ruin public trust in a police department, which can prove difficult for officers to overcome. In 2003, $80,000 worth of marijuana was stolen from a police storage facility in Dracut. Two officers were accused of being “intentionally deceptive” and were suspended last year. In 2006, Boston police found that in hundreds of cases drug evidence was stolen. Yet no one was arrested.

Some suggest that drug testing isn’t the issue, but rather theft in Attleboro at the police department should be the focus. While video surveillance and a better electronic coding system are positive steps in the right direction, the story shows that police can be just as culpable as the defendants they arrest.

If the drugs that were stolen were used, they are out of the users system by now. Drug testing won’t show who stole those drugs. The bottom line is that officers are stealing from their own department and evidence is being compromised. The Herald article also doesn’t state which evidence was stolen.

It will be interesting to see from what cases the drugs were stolen and what is happening to those cases.
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Framingham Man Faces Massachusetts Gun, Drug Trafficking Charges

January 15, 2012 | by Michael DelSignore

A 23-year-old Framingham man faces major Massachusetts gun charges and drug charges after a SWAT team raided his apartment recently, The MetroWest Daily News reports.

Gun crimes in Framingham are often attached to other charges, such as drug crimes, as it were in this case. This allows prosecutors to seek more penalties against defendants.

It also gives them an advantage during plea negotiations. The more charges that a defendant faces, the higher the possible penalties, especially if charges can be sentenced consecutively. So, when prosecutors approach the defense about a plea offer, they often start with the highest possible sentence and work their way down.

While every Framingham criminal defense attorney is going to use their time to prepare for trial, the fact is that in most areas, 95 percent of cases end in a plea deal. As a defense attorney prepares to go to trial, though, he can discover evidence, contradictions in police statements and unreliable witnesses that can make plea negotiations more beneficial for the defense. So, despite the charges being stacked against the defendant, good defense work can sometimes lead to a good plea offer. Negotiating from a position of strength never hurt anyone.

In this case, 23-year-old Tyrone Fleurimont recently appeared in Framingham District Court on charges of trafficking drugs and possessing drugs within a school zone. His 21-year-old girlfriend, Kaleen Hardison, was also charged.

Police say they obtained a search warrant to search the couple’s apartment and broke in looking for jewelry and a gun that they believed the man stole. During the search, officers also allegedly found heroin valued at $9,000 as well as $7,000 in cash.

The man allegedly has a warrant out of Dorchester charging him with gun charges and three prior drug charges, having a gun or ammunition without an FID card, carrying a loaded gun without a license, carrying a dangerous weapon and driving after a license suspension. Boston Police also have warrants out for the man on two counts of possession of a gun without an FID card, two counts of possession of a large capacity firearm, possession of a Class B substance with intent to distribute, trafficking in heroin, possession of heroin and possession of marijuana.

Fleurimont’s Framingham criminal defense attorney brought up a great point — that the search may have been flawed in the first place. The article makes no mention of the allegedly stolen jewelry and gun that the initial search warrant was for. If officers found nothing, yet knew that he had prior charges, they may have made a bad faith effort just to get into his apartment.

As for the man’s girlfriend, her Framingham criminal defense attorney said there’s no indication she knew there were drugs in the apartment, which is nearby a school.

The issue of search warrants is critical because in some cases, if police officers provided incorrect or inaccurate facts to a judge in order to get a warrant signed, the evidence that follows can be suppressed. If officers knew ahead of time that the defendant had a criminal history record and used that as motivation to try to get into his apartment, that could be a problem for the prosecution’s case.
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Brockton Couple Accused of Making Drug Distribution out of Minivan

December 24, 2011 | by Michael DelSignore

A Brockton couple was recently arrested in Whitman and now face charges of drug distribution from the back of their minivan, according to the Taunton Daily Gazette.

Charges of drug distribution or drug sales in Stoughton can be serious and can increase in severity based on many factors. Among them are the quantity of drugs allegedly sold, what type of drug, where the drugs are being sold and if there are other factors that may be used by police to enhance the penalties, such as if children are present, guns are used or the deal occurs in close proximity to a school.

Stoughton criminal lawyers understand that the government has been fighting the “War on Drugs” for decades and lawmakers are continuously updating and increasing drug crime penalties. A good portion of the number of people in our state prison system are there because of drug offenses. In some cases, treatment in lieu or jail is an option. In other cases, challenging evidence and preparing a case for trial offer the best options for a successful outcome.

There are defenses to these crimes, just like any other crime. In cases where an informant is used by law enforcement, there may be witness credibility issues that arise. If police don’t properly obtain a warrant to search a home or vehicle, evidence may be subjected to a suppression motion. Rules must be followed and if overzealous police officers break them, that could benefit the defendant.

In this case, the newspaper reports, police received a tip that a man was selling oxycodone out of his vehicle after he was convicted last year of a similar offense. Police obtained a search warrant for the Dodge Caravan and stopped him after he pulled into a restaurant’s parking lot.

Police allege that the driver, 43-year-old Kevin J. Connor, tried to run off, throwing a bag of oxycodone pills worth $400 onto the ground as he ran. Detectives found more pills, cash and two cell phones in the vehicle.

Last year, he received a suspended jail sentence for dealing oxycodone. Tina Foye, 42, a passenger in the minivan and who lives with Connor, was also arrested. The WEB Major Crimes and Drug Task Force — with officers from Whitman, West Bridgewater, East Bridgewater and Bridgewater — made the arrests.

The group has sought out oxycodone arrests, making it a focus of investigations the last 18 months, an officer said. Oxycodone is similar to morphine in its effect.

Connor recently pleaded guilty to a charge of possession with intent to distribute oxycodone after police raided his apartment and found 30 pills, plus marijuana and cash. He was sentenced to 18 months in jail, but the sentence was suspended by a judge in Brockton District Court.

The news article doesn’t make clear what charges the couple may face, though it implies Connor will face new charges of distribution of oxycodone. Charges for Foye, who was listed as a passenger in the minivan, are unclear.

For the passenger, who may have nothing to do with the drug sales, there may be a strong defense. For the driver, things may be different. But in a case such as this, the search warrant may be the most important factor. Finding out what officers based the affidavit for the search warrant on and how solid the information was will be key to fighting the initial stop and search.
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Taunton Brothers Face Massachusetts Drugs Charges After Police Raid

November 21, 2011 | by Michael DelSignore

The Taunton Daily Gazette reports that two brothers are facing guns and drug charges after a police raid.

Drug charges and gun charges in Taunton often go hand-in-hand.

Massachusetts criminal defense lawyers have defended many clients charged with both crimes. In the Commonwealth, drug charges can range from possession of a small amount of marijuana to being caught with larger amounts that can lead to trafficking charges.

In gun cases, possession of a gun without a firearm identification card can lead to mandatory jail time. Possession by a convicted felon or using a weapon while committing another crime are also serious offenses.

But there are many defenses to these two charges. Your defense lawyer must carefully review the facts and circumstances that led police to believe they were justified in filing such charges. If they relied on a search warrant to gain entry to a home, car or business to seek evidence, what was written in an affidavit must be scrutinized.

In many cases, a group of people can be riding in a car that gets pulled over by law enforcement. If there’s an illegal gun or drugs in the car, police will sometimes attempt to charge everyone. That’s simply not right and cases like that have been overturned and charged dropped because police don’t have the facts to back up such charges.

In this case, 19-year-old Adilson DaGraca-Teixeira and 21-year-old Jason DaGraca-Teixeira are charged with possession of heroin with intent to distribute, conspiracy to violate drug laws, possession of ammunition without a firearms identification card and possession of a firearm without a firearms identification card. They are both being held without bond while they await a February 2 trial date.

On November 3, police raided their apartment at 56 Wales St. after they got a search warrant signed by a judge. Officers said they found heroine, oxycodone as well as a hidden compartment in the ceiling that contained ammunition and two handguns. The defendants’ sister, Melinda Teixeira, 18, was arrested as well as three other people. She is being charged with possession of heroin with intent to distribute, being present where heroin is kept and conspiracy to violate drug laws.

Three other 19-year-olds — Alexander Torres Jr., of Brockton, Jeschalie Jimenez, of Providence and Darius Jones of Taunton face various drug possession charges.

These young people now face very serious drug charges that can have a profound effect on their future. But remember, it is the prosecution’s job to prove the charges, not the other way around. A defendant doesn’t have to say anything before a jury because the charges must be proven beyond a reasonable doubt, not disproven.

There are defenses that must be considered for a person facing charges that are this serious. When the defendants are young and have a future ahead of them, the responsibility is even greater. Putting your faith in an experienced and aggressive Massachusetts criminal defense lawyer is the best course of action at the earliest possible stage in such cases.
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Bridgewater College Students Accused of Operating Drug Ring

November 2, 2011 | by Michael DelSignore

The Enterprise News is reporting that four Bridgewater State students, two of whom are football players, are accused of operating a “drug house” operation off-campus.

Drug crimes in Bridgewater and throughout Massachusetts are serious charges as the government continues its war on drugs. Lawmakers have continually made penalties more extreme and in drug cases, police and prosecutors can often tack on many charges for a single episode.

In situations where investigators accuse people of operating a criminal enterprise out of their homes, Massachusetts criminal defense attorneys will look at fighting the legality of the search warrant. A search warrant is obtained by police officers and signed by a judge when they believe they have proof that a crime is going on inside a person’s house or business.

While detectives may be able to obtain a search warrant, take evidence from a house and file criminal charges, success in challenging a search warrant often leads to a reduction or dismissal of charges.

If detectives misled the judge who signed the warrant by providing false facts or if they didn’t quite know what they had at the time, a trial judge can nix the search warrant after the fact, which typically eliminates the evidence that was collected.

This is another reason to never make statements or admissions to police, as you never know what evidence will be in play at trial. If evidence is suppressed after motions by a defense attorney, but the defendant confessed, the prosecution could still attempt to go to trial. If there is no statement and no evidence, there is no case.

In the Bridgewater State case, Patrick McGirr, 20, of East Longmeadow, Tyler Trainor, 21, of Saugus, Eric Eldred, 21, of Methuen and Bradley Head, 21, of Ashby, were arrested. The state believes McGirr was the “ringleader” and he was held on $25,000 bail after an arraignment in Brockton District Court. Bail for the others was between $1,5000 and $2,500.

Police have alleged the group was selling drugs such as marijuana to cocaine and Perc30 out of their off-campus apartment. Police said they investigated for the last month before making the arrests.

Investigators stopped McGirr’s vehicle recently after obtaining a search warrant for it. Detectives said they found one ounce of marijuana and 10 Oxycodone pills inside a hidden compartment. Police then searched the apartment and allegedly found cocaine, Oxycodone pills, marijuana, $7,000, a heat sealer, digital scale and other evidence the police believe were related to drug dealing.

The news article doesn’t state why detectives searched the home after searching the vehicle. The Easton Journal reports that detectives had a search warrant for the apartment as well. The arrests were made by the WEB Task Force run by officers from Bridgewater, Bridgewater State University, East Bridgewater, West Bridgewater and Whitman.
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Woman Allegedly Conspired to Trade Guns For Drugs in North Attleboro

October 21, 2011 | by Michael DelSignore

Police have accused two women of a conspiracy during which they faked a housebreak to steal guns and trade them for heroin, The Sun Chronicle reports.

Charges of theft in Attelboro as well as drug and gun offenses can add up to jail time, possible probation and fines and fees.

But whether a shoplifting or a serious theft crime such as a burglary or robbery, it can sometimes be difficult to prove for police. Without credible eye witnesses or some type of caught-in-the-act moment, police sometimes have a hard time fingering who committed a crime.

Even if they make an arrest, Massachusetts criminal attorneys will challenge the case put together by prosecutors and work toward the best outcome possible in a client’s case. When evidence is scarce, there is plenty of reasonable doubt to show the accused isn’t the criminal. And even if it appears there is an abundance of evidence, some can be thrown out with an experienced lawyer.

In this case, 38-year-old Shannon E. Wilson called authorities to tell them that her house on 87 Smith St. had been broken into. Police quickly turned against her and began considering that there was no break-in at all.

The Sun Chronicle reports that the woman then allegedly confessed that she made up the incident so that she and longtime friend Robert Delaney of Franklin could sell her husband’s .22-caliber and .45-caliber pistols for heroin.

Both have been arrested, but there is a wrinkle in the case. Police haven’t recovered the weapons. The suspects allegedly told police that the .22-caliber gun was sold to a drug dealer in Taunton and the .45-caliber gun was taken to Providence and sold to a drug dealer there.

Both defendants are allegedly blaming each other, with neither admitting to who committed the break-in or who took them from the storage locker and completed the drug deals.

Because both have pending cases in Wrentham District Court, a judge in Attleboro District Court held them without bond.

Wilson is charged with armed robbery and larceny in Wrentham, while Delaney has a prior drug case that is pending.

In this case, both face charges of larceny of a firearm, conspiracy, conspiracy to violate narcotics laws and unlawful possession of firearms with large capacity feeding devices. In addition, Wilson faces a charge of filing a false police report and Delaney is charged with breaking and entering.

Without an eyewitness to say who broke into the house, it may be difficult for the state to prove. And the fact that police don’t have any evidence of where the weapons are or that they were actually traded for heroin casts doubt on some of the charges.

Delaney is charged with breaking and entering, but do the police really know he did that? If each defendant is blaming each other, it could be difficult for investigators and prosecutors to sort through what they have and ensure that they can prove beyond all reasonable doubt each of these charges. That’s another reason why simply remaining silent is so often to a client’s advantage.
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Seven Charged in Drug Buying/Selling Sting in Framingham

July 30, 2011 | by Michael DelSignore

Seven people, including a man the Commonwealth believes has a history of drug offenses, were recently arraigned in Framingham District Court on charges they were buying and selling heroin and cocaine, The MetroWest Daily News reports.

Drug charges in Framingham and throughout Massachusetts are serious crimes that can subject defendants to penalties that can range from months in jail to years in prison.

Quickly hiring an experienced and aggressive Framingham Drug Defense Attorney is the best strategy to combat the charges and protect a defendant’s rights.

According to the story, prosecutors say detectives followed Luis Hernandez, 41, of Natick and saw him complete what they believed was a drug deal in the parking lot of his apartment with co-defendant Gina Stucchi, 32. In the car with Stucchi were co-defendants Jennifer Mackey, 36, and Maria Woods, 35.

When detectives followed the vehicle, they allegedly found the three people in the car, about to inject themselves with cocaine. One of the defendants told police they had just purchased cocaine from Hernandez.

Police then followed Hernandez, who was riding in an SUV containing his roommate Geraldine Martinez and Alisha Conti, 24. They dropped Conti off at Lowe’s in Framingham and after Hernandez sold drugs to an unknown man in Natick, the vehicle returned to Lowe’s, where Hernandez met another co-defendant, William Roberts, 47, of Natick.

Police say they witnessed another drug deal and when they approached to make an arrest; they said they saw Hernandez swallow what appeared to be a plastic bag of cocaine.

Martinez allegedly admitted there were drugs in the car and told police Hernandez kept drugs in a safe in their apartment. Conti allegedly told police she got heroin from Hernandez. Police searched the safe and found heroin, cocaine and drug paraphernalia.

Hernandez was charged with distributing heroin, possessing heroin with the intent to distribute, conspiring to violate the state’s drug laws and resisting arrest.
Martinez was charged with possessing heroin with intent to distribute, possessing cocaine with intent to distribute, distributing cocaine and conspiring to violate drug laws.
Stucchi, of 107 Concord St., Holliston, was charged with distributing cocaine (subsequent offense) and conspiring to violate state drug laws.
Woods, of 260 Union Ave., Framingham, was charged with possessing cocaine with intent to distribute, possessing cocaine, intimidating a witness, providing police with a false name and conspiring to violate drug laws.
Roberts, of 3 Lake St., Natick, was charged with possessing heroin, resisting arrest and conspiring to violate drug laws.
Mackey, of 28 Dana Road, Framingham, was charged with distributing cocaine and conspiring to violate drug laws.
Conti, of 31 McAlee Ave., Framingham, was charged with possessing heroin.

This case will likely come down to police observations, if they were well-documented, as well as the statements of the co-defendants. First off, the defendants would have been better off had they not talked to police. Providing a statement to police is dangerous because it can be used against the defendant in court and it almost always hurts them.

In these cases, it is sometimes possible to refute the charges if a person is simply inside a vehicle at the time of an arrest. But admitting fault to an officer will have a negative effect on the probability of winning a case.

There are times when a statement and other evidence in drug cases can be tossed out. So, consult with an experienced Framingham Criminal Defense Attorney before doing anything else. Reviewing your case and being by your side from the beginning gives the best chance at a positive resolution.
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Massachusetts drug crimes lawyer comments on case before Maryland Court of Appeals regarding disclosure of confidential informant

December 27, 2010 | by Michael DelSignore

In many Massachusetts drug arrests, the police will claims as a basis for obtaining a search warrant of a residence that a confidential informant provided information that the residence was being used for drug trafficking or distribution.

As a Massachusetts drug crimes lawyer, it is sometimes necessary to file a motion to require the Commonwealth to disclose the identity of the informant in order to prepare a defense to the charges. In some cases, an informant may provide relevant information for the defense while in other cases a court order for disclosure may force the Commonwealth to dismiss the case rather than to disclose the informant’s identity.

In Commonwealth v. Shaughessy, 455 Mass. 346 (2009), the Massachusetts Supreme Judicial Court held that in order to obtain disclosure of the identity of a confidential informant a defendant has the burden of showing that the informant would provide information that is material to the defense. If this showing is made, then the privilege can be overcome. The purpose of the privilege is to assist the police in obtaining information without the informant fearing retribution as a result of cooperating with the police. This privilege has limitations under the Sixth Amendment Confrontation Clause of the United States Constitution. The leading case on the issue of disclosing confidential informants in drug cases is the United States Supreme Court case of Roviaro v. United States, 353 U.S. 53 (1957).

Recently, the National Association of Criminal Defense Lawyers submitted an amicus brief to the Court of Appeals of Maryland in the case of Elliot v. State on the issue of whether the Maryland court improperly denied the defendant access to the identity of the confidential informant. Click here to read the brief of the National Criminal Defense Lawyers.

In Elliot, the defendant argued that there was no need for the privilege as the identity of the informant was already known and secondly that disclosure of the informant was necessary as a matter of fairness as the informant would potentially be a material witness for the defendant. In defending the charge of possession of drugs with the intent to distribute, the defendant in Elliot claimed that the informant entrapped the defendant and asserted as his defense that he had no knowledge that there were drugs in his car. Clearly, cross examination of the informant may provide strong evidence for the defendant in providing a motive for the informant to frame the defendant in attempt to gain favor with the police; further, disclosure of the informants identity would allow the criminal defense attorneys to gain other valuable discovery, such as the criminal record of the informant to uncover a motive to lie on the part of the informant.

As a Massachusetts criminal defense lawyer, I believe that the Maryland Court of Appeals should reverse the lower court’s decision and its decision may provide valuable precedent in defending Massachusetts drug crimes. To read the decision of the Maryland Court of Appeals in Elliot v. State click here.
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