Articles Posted in Drug Offenses

The Supreme Judicial Court has ruled that the marijuana, cocaine, and psilocybin mushrooms allegedly discovered in the dorm room of two Boston College students in 2007 cannot be used as evidence in the Massachusetts drug case against them. John Sherman and Daniel Carr face charges of cocaine trafficking, possession with intent to distribute marijuana, and possession with intent to distribute psilocybin mushroom.

The ruling by the state’s highest court is in agreement with a Superior Court judge’s ruling that prosecutors failed to meet their burden of proof that the two students had given their consent to campus police that their room could be searched. The SJC’s decision overturns the ruling by the Massachusetts Appeals Court, which found that police were within their rights when they conducted the search.

According to Superior Court Judge Linda E. Giles, although prosecutors claim that Carr and Sherman gave their verbal consent to the search, officers have since then given conflicting testimony about what was said that night. The SJC has noted that while the two students signed the part of the consent form that acknowledged the waiving of their Miranda Rights, they did not sign the portion of the form that gave their consent to the search. The court said that even if Carr and Sherman had given their consent, there would still be questions regarding whether or not the granting of this permission was voluntary.

Massachusetts Drug Crimes
Massachusetts drug possession with intent to distribute is a very serious criminal charge. The type of drug involved and whether or not you have any prior drug offenses or convictions can determine the seriousness of your sentence if convicted this time.

An experienced Boston drug crimes law firm can defend you against any charges. There may be reasons why the evidence against you should be suppressed or thrown out. For example, you may not have been read your Miranda Rights prior to making any statements or police may not have probable cause to search you.

SJC ruling tosses out evidence in BC students’ drug case, Boston.com, November 18, 2010
Court: BC police didn’t get OK for dorm search, Boston Herald, November 17, 2010

Related Web Resources:
Fact Sheet on Massachusetts Sentencing Laws, FAMM (PDF)

Boston College
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There are many types of defense in the criminal justice system, They are the same in Boston as they are anywhere else. “SODDI”, Some Other Dude Did It, is one of the most popular ones. When the Commonwealth’s finger of accusation is pointed at a suspect, said suspect rarely points his or her finger in the same direction. Usually, it is in the direction of somebody else.

We have discussed many times how prosecution witnesses will often make deals with the government to provide testimony (true or not) against a defendant in whom the government has greater interest in prosecuting.

Prosecution witnesses, of course, are not the only ones who are willing to pass the prosecutorial buck in order to avoid a lifetime in involuntary Commonwealth housing. Two stories this week take such strategies to a new level. Allegedly.

Let’s take the case of Mr. Demare Gary, 19, (hereinafter, Daddy Defendant”) , for example. This Roxbury gentleman stands accused of stashing crack cocaine in the shoe of his Three-year-old daughter. While the Commonwealth may insist that he tried to avoid discovery of the drug by planting it on the little girl, his attorney is claiming that he is actually “taking the fall” for someone else.
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A fine and dutiful lass from Quincy got into a bit of trouble yesterday at the local district court. Now, after trying to pass some contraband to her boyfriend, through his lawyer, she needs an attorney herself.

Melissa A., 20, (hereinafter, the “Defendant”) found herself in the Commonwealth bracelets of shame after she allegedly smuggled a hypodermic needle into the courthouse in her bra as part of a scheme to pass heroin and cigarettes to her jailed boyfriend, police said.

You see, the Defendant is said to have approached her boyfriend’s defense attorney and asked him to deliver a bulky envelope to the man, who was in the court lockup awaiting a probation violation hearing, said Quincy police Capt. John Dougan. The attorney, perhaps concerned about the envelope, presented it to court officers instead.

Inside, the officers found heroin, cigarettes and hypodermic needles, Dougan said.
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