Articles Posted in Drug Offenses

by

Yesterday, we discussed that tragedies sometimes result from mistakes made by human beings. Yesterday, it was the Parole Board. Today, authorities are investigating a police-involved shooting in Framingham yesterday morning that has left a 68-year-old man dead, the Middlesex District Attorney’s office has announced. The word “homicide” has not been used…yet..

It all began when Framingham police detectives and members of the Framingham Police SWAT Team gathered together at 26 Fountain Street. at about 12:30 a.m. in order to execute a search warrant that had been issued for narcotic offenses, according to the DA.

What happened next is a little hazy, as it often is when police shoot someone.

Apparently, the search warrant was being executed, as planned, but something somewhere went wrong. Initial reports (aka all we are being told thus far) indicate that a bullet was “discharged” from the Framingham Police Department-issued weapon of a SWAT Team member.

In civilian parlance, one of the officers fired his gun.
Continue reading

by

Saying that the constitutional rights of Raymond and Ronald Mendes were violated during trial, Massachusetts’s Appeals Court has overturned their drug convictions: possession of marijuana with intent to distribute, possession of cocaine with intent to distribute, and drug violation in a school or park zone. Raymond also had been convicted of possession of ecstasy. The court, however, in its 2-1 ruling determined that the drug analysis certificates presented during trial were not enough to prove that the substances confiscated from their apartment were in fact marijuana, cocaine, and ecstasy. Police seized what they thought were illegal drugs from the brothers’ home on October 21, 2006.

The court, however, is now saying that the defendants should have had an opportunity to question the chemists that tested the drugs taken from their residence and that not having the chance to cross-examine the chemical analyst that prepared the certificates of drug analysis was a violation of the brothers’ rights per the Sixth Amendment to the United States Constitution’s confrontation clause.

It was just last year that the US Supreme Court found that the state of Massachusetts was in routine violation of drug defendants’ rights whenever it did not have an actual chemist testify about a seized substance that was an illegal drug. This year, the state’s Supreme Judicial Court ruled that the ruling should apply to cases going as far back as 2005 when a state law started allowing criminal trials without chemists.

Drug convictions overturned against 2 Somerville brothers, Boston Herald, December 28, 2010
Melendez-Diaz v. Massachusetts, Cornell University Law School, November 10, 2008

Related Web Resources:
Controlled Substances Act, The Commonwealth of Massachusetts
Drug Laws, Sec.State.Ma.Us Continue reading

by

Authorities in Massachusetts have arrested Dr. Steven S. Miller, a 68-year-old Wareham dentist for allegedly exchanging drugs for sexual favors with female patients. He was arrested and arraigned in federal court and charged with distributing and dispensing controlled substances without a valid medical purpose. If convicted, Miller could end up spending up to 10 years behind bars and be ordered to pay a $1 million fine.

Miller is accused of allegedly handing a female patient a prescription for 40 amoxicillin pills and 36 Vicodin pills after asking to see her breasts and slapping her buttocks. At the time, the patient was working with the authorities.

Miller is also accused of telling undercover DEA Task Force officer Paul Callahan, who was pretending to be the boyfriend of one of the cooperating witnesses, to complete paperwork to make it look as though he had underwent dental work that justified a medication prescription. The dentist then allegedly prescribed 24 Vicodin tablets to Callahan.

According to the arrest affidavit, the prescription records of nine of Miller’s patients contain dosages that are not in line with professional dental standards. The prescriptions were filled at Target, CVS, Wal-Mart, and Walgreens between January 1 and November 30, 2010.

Miller has voluntarily surrendered his dental license.

Massachusetts Drug Crimes
Not only are drug charges some of the most common criminal offenses in this state, but also, they are among the most serious charges. In addition to tough sentences if convicted, having a Massachusetts drug offense on one’s criminal record can negatively impede a person’s life and restrict job and educational opportunities. Deportation or the loss of the opportunity to become a US citizen can also become a factor for some people.

Wareham dentist faces sex-for-drugs charges, SouthCoastToday, December 15, 2010
Dentist traded drugs for sexual favors, police say, Boston Globe, December 16, 2010

Related Web Resources:
Drug Enforcement Administration

Drug Crimes Overview, Justia Continue reading

by

Salem police officer William D. Riley pleaded not guilty to several charges, including operating under the influence of alcohol, domestic assault with a firearm, possession of a firearm while intoxicated and possession of Class E drugs, in Salem District Court on Tuesday. A pre-trial hearing is scheduled for January 13.

Riley was arrested Friday evening when Salem police responded to a Dunlap Street domestic dispute. According to the woman who called the police, she had been in an argument with Riley, during which he said he had a loaded gun outside and after which he followed her outside, put a gun in his car, and drove off in it. The woman gave a box of what she said were Riley’s steroids to the officers. The police found Riley in his car on Dunlap, allegedly showing signs of intoxication.

The police department suspended Riley without pay and may take further disciplinary action against him.

Source: The Boston Globe, Salem police officer pleads not guilty

The drug possession charge may be very difficult for a prosecutor to prove in this case because the steroids were not in Riley’s physical control and there is no indication from these facts that Riley had the ability or intention to exercise control over them. It could also be difficult to prove the domestic assault with a firearm charge. There can be no criminal assault where there is no attempted battery and no threat or unlawful act that would place a person in immediate fear. From the facts given here, it is unclear whether Riley’s alleged actions would rise to the level of an assault. It would also be interesting to find out what the alleged signs of intoxication were. An emotional argument with a romantic partner may be a perfectly good reason for exhibiting certain “signs of intoxication” like glassy or bloodshot eyes and angry or irritated reactions.
Continue reading

by

A body was found this morning in the back seat of a car at 35 Rowe St. in Roslindale. Police told the Boston Globe that they believe it to be drug-related because it is a quiet neighborhood next to railroad tracks which makes it a good place for illicit meetings. The medical examiner removed the body from the gold Honda as police officers cordoned off the scene. A resident of the street said she was doing laundry when saw feet hanging out of the car.

Police didn’t say what types of injuries were involved, but they said that there was some evidence at the scene.

Source: The Boston Globe, Police probe possible drug slaying in Roslindale

This incident represents yet another possibly drug-motivated crime in the city this year. Fairly recent studies have shown, however, that the relationship between homicide and drug dealing is somewhat poorly understood. One study, which analyzed Boston police arrest data, indicated that less than 15% of reported Boston homicides involve drug use or dealing. Studies also show, on the other hand, that while drug trafficking is a relatively infrequent cause of homicide, it does provide a context in which homicides become more likely to occur.

The police officer’s comment about the quiet neighborhood being a good place for illicit meetings brings up an important search and seizure concept. Many allegedly illicit meetings occur in high-crime areas, not quiet neighborhoods like the one from this news story. Often times, police officers stop persons in high-crime areas based on merely a “hunch,” and this is unlawful. Simply being in a high-crime area is not enough to justify a stop because otherwise, people who live and work in high-crime areas would be left without the protections of the Fourth Amendment.

If you would like to speak with a defense attorney about any criminal issue, call Altman & Altman LLP.
Continue reading

by

Eighteen individuals have been arrested on cocaine trafficking charges after a drug bust in Dorchester. Federal prosecutors identified Michael T. Williams as the alleged kingpin in papers filed with the U.S. District Court today. They allege that he has been buying kilos of powder cocaine and turning it into crack in a family-based drug ring that has been operating since the 1990s. They have moved to seize four homes in the Dorchester neighborhood, including three adjacent multi-family houses on Greenwood Street, which prosecutors allege to be at the heart of the operation. In addition to the Greenwood multi-families, they have moved to seize a house at 8 Peacevale Road, which they allege was used by one of Williams’ associates.

Federal, state and local police targeted Williams in July 2009 when an unidentified person came to Boston’s DEA office with information. A press conference will be held today at the office of U.S. Attorney Carmen Ortiz.

This is the second major cocaine bust this week. On Monday night, 200 pounds of cocaine were seized and two men were arrested after federal, state and local police allegedly watched them unload cocaine in Revere.

These individuals will all need the help of criminal defense attorneys, and our experienced lawyers at Altman & Altman can provide the aggressive defense that cocaine trafficking charges require. Trafficking is the most serious of all drug crimes, and a federal cocaine trafficking charge carries a 5-year mandatory minimum and up to 40 years for a first offense. These investigations tend to be far-reaching, and even more individuals than the 18 who have been arrested may be under investigation. If you have been arrested, charged, or suspect that you are under investigation for drug trafficking or any other crime, call a defense lawyer.

Source: The Boston Globe, Long-term ‘family-run’ drug ring busted in Dorchester, officials say
Continue reading

by

After a drug bust in Revere last night during which 200 pounds of cocaine were seized, Gilberto Cruz Padilla, 24, and Rafael Jesus Montero, 22, were arrested. Today, Judge Dunbar Livingston set their bail at $5 million cash at their arraignment in Chelsea District Court.

It is alleged that the two men unloaded 60 pounds of cocaine from a tractor trailer on Railroad Street while local, state and federal law enforcement watched. At the arraignment today, Assistant District Attorney John Lacey alleged that the two were part of a sophisticated drug organization that planned to sell 200 pounds of cocaine in the Boston area.

The ADA said that Immigration and Customs Enforcement discovered the cocaine in the trailer several days ago at the Mexican border, and an undercover agent was paid $50,000 to drop the truck off on Railroad Street. The truck was kept under surveillance until the two men allegedly came to take the cocaine out of the trailer and stash it in a nearby car. According to the ADA, the men unloaded 30 kilos before the arrest was made.

Padilla is an American citizen who had been living in Tijuana and staying at the Ramada Inn in Dorchester, and Montero is a native of the Dominican Republic who was in the United States illegally for the second time, according to authorities. Both men pleaded not guilty to drug trafficking more than 200 grams today. In addition to being held on the bail, Montero is being held on alleged immigration violations.

These two men are looking at 15 to 20 years in state prison if they are convicted under Massachusetts General Laws Chapter 94C Section 32E. The 15 year mandatory minimum will have to be served before parole will be a possibility. When a federal agency is involved, as ICE was here, defending against a drug trafficking charge can become more difficult because federal agencies have a great deal of resources. Therefore, these two men will need attorneys with resources, skill and experience.

Source: The Boston Globe, Bail set at $5 million cash for suspects in 200-pound Revere cocaine bust
Continue reading

by

As we end our Thanksgiving celebration for 2010, the Boston Criminal Lawyer Blog brings you yet another reason to be grateful. We, as a society, have made another step forward in the cause of equality. This blog being what it is, of course, that stride involves the criminal justice system. More specifically, it is in the genre of Massachusetts robberies.

We break this “good” news with the story of Cheryl Fitzgerald (hereinafter, the “Defendant”), a young lady who, on September 22nd, is alleged to have entered the Hometown Bank in Webster wearing a New England Patriots cap and giving the teller a note stating “Give me the money. No dye packs.”

The Defendant was arrested on November 7th in Daytona Beach, Florida, and then extradited back to the Commonwealth. Finally, she was arraigned in Dudley District Court and ordered held on $5,000 bail. She stands charged with unarmed robbery and larceny over $250. Since the robbery was of a bank, she could also end up facing charges in federal court.

The investigating detective, Webster police detective and 17-year police veteran James T. Hoover, recognized this robbery as a breakthrough of sorts. He explained, “I have had 15 bank robberies in my career and that is my first woman…that (bank robbery) was our fourth one this year.”

But, a man of the times, Detective Hoover said that the fact that the suspect was a woman was not really much of a shock.
Continue reading

by

It did not happen in Boston.. This time. But similar things have happened here. After all, there are often consequences to drug use…whether or not the drug involved is actually illegal.

Marillis Santiago, 22, of Hartford, Conn.(hereinafter, the “Defendant”) has had a rather bad weekend. The local police say that while her 2-year-old son was toddling around, she was smoking marijuana at the kitchen table.

She apparently did not notice that he was playing around the open window (sans screen of course) of the third floor apartment.

I suppose you can guess what happened.

The child thankfully survived the resulting fall, but suffered a bruised liver, a fracture to his right arm and facial lacerations.
Continue reading

by

Many experienced criminal defense attorneys are going to be needed for the 23 alleged heroin dealers arrested in a large raid yesterday. The ongoing joint investigation by federal and Massachusetts law enforcement yielded arrests throughout the Commonwealth, but primarily Brockton.

Naturally, there was an official on hand to accept credit. United States Attorney Carmen M. Ortiz delivered the news that authorities are committed to prosecuting offenders.

“Today’s arrests should be a clear signal to those distributing drugs in our neighborhoods that the federal government is aggressively working with state and local law enforcement to track their movements, find their associates, and close down their operations,” she said.

And why shouldn’t she be taking advantage of the publicity? This ongoing investigation has, in less than one month, yielded the arrests of over 55 for narcotics and firearms in two busts alone!

This time, folks, it looks like they mean it!
Continue reading

Contact Information
Cambridge, MA
Main Office
675 Massachusetts Avenue
Cambridge, MA 02139
Phone: 617.206.1920Fax: 617.491.3299Toll Free: 800.481.6199
Boston, MA
1 State St
Suite 2
Boston, MA 02109
Phone: 617.547.1205Toll Free: 800.481.6199
Needham, MA
250 First Avenue 2nd Floo
Needham, MA 02494
Phone: 781.675.2329Toll Free: 800.481.6199

Some Select Cases are referred to other attorneys for principal responsibility

By publishing this information on this Website, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Altman & Altman LLP
JUSTIA Law Firm Blog Design