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.
Massachusetts Criminal Lawyer Michael DelSignore represents clients facing serious misdemeanor and felony charges throughout the state.
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