Drug Offenses

January 19, 2010

The Search And Seizure Of A Marblehead Drug Suspect (Part One)

While the rest of us were celebrating freedoms that are the legacy of heroes like the late Dr. Martin Luther King yesterday, one gentleman from the North of Boston was adjusting to the trade of his need of a defense attorney for a ten year term of imprisonment in Massachusetts prison.

Of course, he has already served approximately six of those years awaiting trial.

Geraldo S., 32, of Marblehead (hereinafter, the “Defendant”) was found to be in possession of a kilo of cocaine after a traffic stop in 2004. On Friday, he pled guilty to the reduced charge of trafficking over 100 grams of cocaine . This was the result of a plea bargain with the prosecution. Had a deal not been struck, the court would have had no choice but to sentence him to at least fifteen years in the event of a conviction.

Key to the plea bargain was a confession made to law enforcement.

The Defendant’s most recent criminal justice woes were the result of an investigation by the Marblehead police. Part of the investigation involved the fact that, apparently, the Defendant was known by several different names.
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January 15, 2010

Attorney Sam’s Take – How You Resolve Your Gun, Drug Or Assault Case In Massachusetts

by Altman & Altman

Ok, so you have gotten over the shock of being charged with a crime. You have gone to court in Boston a couple of times for a couple of court dates that feel accomplished nothing. Finally, you ask your attorney when this will all end.

You get that sad but true answer…”it depends”.

Many things in the criminal justice system depend on what happens as the case progresses. This is not a science wherein there is an exact formula for how things go. You may have already witnessed this as you have gone to court and seen different people get different bail and sentence decisions although charged with the same crime(s).

You probably already know that, if a case is not otherwise disposed of beforehand, the case is resolved at trial. I am going to assume you know what that is. After the verdict, one of two things happen. Either the verdict was “not guilty” and the nightmare is over, or it is “guilty” and there is a sentencing hearing. Depending on the convictions, that sentencing may or may not result in the defendant going home.
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January 5, 2010

Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow ; You Have Been Indicted (Part Three)

by Altman & Altman

Last week, we discussed two scenarios whereby you received a compulsory invitation to attend the Boston Municipal Court to answer charges for a variety of potential charges, including assault, drugs and OUI.

Now, however, the matter has been raised to another level. The Commonwealth has decided to indict you. You have just received the year-end news from either your attorney or another summons in the mail.

So, what is an indictment? Well, it is like the criminal complaint that was issued back in district court. In that case, either the police or your neighbor sought the complaint. The prosecutor did not really get involved until the matter was in district court. At some point, a prosecutor reviewed the allegations of the matter and decided that either your criminal past or the allegations themselves were deserving of more serious treatment. “More serious” generally means “more jail/prison time”.
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December 22, 2009

East Boston Reacts To Federal Indictments And Bail Hearing In Drug Case

by Altman & Altman

A Boston federal drug case is keeping lawyers and politicians on their feet.

Yesterday, there was a detention hearing for Lawrence T., 51, of wakefield (hereinafter, “Defendant 1”). He stands accused of illegal sale of OxyContin. Defendant 1 has a co-defendant, John F., 31 (hereinafter, “Defendant 2”). Defendant 2 just happens to be a key City Hall operative who faces an indictment charging him with the drug crimes.

Well, Defendant 2’s status as an “operative” is a bit more specific than that…he is Mayor Thomas M. Menino’s neighborhood liaison to East Boston. His indictment came down on Thursday for possession with intent to distribute OxyContin and possession with intent to distribute marijuana.

East Boston residents are speaking out about the matter, pointing out that drugs have been a plague on the neighborhood for years. But, now, there is even more evidence of how “high up” the problem reaches –namely, the arrest of one of the area’s rising political stars.
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December 15, 2009

Boston Drug-Trafficker Is Arrested On Outstanding Warrants And New Weapons + Forgery Charges

by Altman & Altman

Some folks in Boston will go to great lengths to avoid contacting a criminal defense attorney!

Take the case of 36-year-old Francis V. (hereinafter the “Defendant”) for example. He wanted to avoid court so much he chose self-mutilation over consulting an experienced defense attorney.

The Defendant had a pending drug trafficking case for trafficking in which he had already defaulted. No, the Defendant did not simply have one warrant pending for his arrest…he had 13 such warrants pending.

In an attempt to keep those warrants pending, in other words not falling down upon him like a law enforcement net, he mutilated his fingers in order to conceal his prints.
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December 3, 2009

Boston District Attorney Celebrates Drug Defendant’s Guilty Plea

by Altman & Altman

Well, it’s nice to see the Suffolk County District Attorney’s Office having a good time. Of course, Demetrius E., 27 of Dorchester (hereinafter, the “Defendant”) might not be laughing, though, should he read their recent press release celebrating his guilty plea in Boston’s Superior Court.

The Defendant pleaded guilty to various drug charges on November 17th. The drug of choice was crack, cocaine. The sentence was five-to-seven years in state prison. The funny part?

He is said to have stored his crack in a Chips Ahoy cookie box.

He had been arrested on Feb. 22, 2005. November 17, 2009, was to be his trial date. Instead, he pleaded guilty.
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November 16, 2009

Lawrence Jury Finds Murder Defendant Guilty Despite Self-Defense Claim

by Altman & Altman

19-year-old Lynn man Walter C. (hereinafter, the “Defendant”) faced Justice last week, attorney by his side, in Lawrence Superior Court. The verdict was guilty. The sentence was life in state prison. The charge was second-degree murder taking place in August, 2008. Any change of fate is now in any potential appeal.

The jury had been out for approximately four hours before returning a lesser verdict of second-degree murder – an intentional killing done with malice – instead of first-degree premeditated murder initially charged against the Defendant by the state. Immediately, the Defendant was given the mandatory punishment of life in state prison. Normally, the Defendant would be eligible for parole after serving 15 years in state prison. However, he was also found guilty of carrying a firearm and given a consecutive 30 month sentence to serve.

The Commonwealth alleges that the homicide was the result of the drug trade. They alleged that the deceased’s cousin had told the him that the Defendant had stolen $30 and several bags of marijuana. When the deceased went looking for the Defendant and confronted him, the deceased apparently shot once at the Defendant, but missed him. The Defendant then chased down the deceased and shot him in the head, killing him.

The Defendant took the stand and admitted firing the gun, but said he was being shot at and defended himself under a combat situation.
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November 10, 2009

Charges Of Disorderly Conduct Effect Students’ Graduate School And Employment Future

by Altman & Altman

Just a reminder for our more rambunctious readers from areas in which Boston students dwell. Too much partying can lead to the need for a criminal defense attorney.

It is not an unusual story, but it happened again in the wee hours of October 31st. Mario B., 29 of Alpine Texas and John B., 22 of Fair Oaks Park, Needham, apparently went a little too far in Allston. According to the authorities, they were acting in a disruptive manner while police were trying to disperse a party.

Apparently, the two yelled and swore at investigating police so loudly that they woke up others in the apartment building.

That type of thing is frowned upon in the Commonwealth; even on Halloween.
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November 6, 2009

Attorney Sam’s Take: Investigated/Arrested In Boston – How To Choose A Defense Lawyer

by Altman & Altman

This was not supposed to happen! How could such a thing happen? You’ve lived your entire life without breaking the law. Well, okay, maybe there was that time many years ago… but that’s beside the point. Nobody knows about that. But, now, here in Boston, today, you are going to be arrested. You are being investigated. Now, as you have read so many times in this daily blog, you need one of those awful creatures, a criminal defense attorney. What now?

Well, lucky for you, there are many of us around. In fact, in the Boston area, you probably could not throw a rock without hitting one. Many people think that that would be a great idea. But let me suggest otherwise.

As is the case in most professions, there are good defense attorneys and not so good ones.

First of all, let’s establish that you actually want an actual criminal defense attorney. In other words, Attorney Iliketowritewills who has helped the family through the years in real estate and other probate matters is not necessarily someone who has any criminal defense experience other than that one drunk driving matter he helped Uncle Charlie with 20 years ago. Attorney Corporatelaw may be absolutely brilliant in mergers and acquisitions, but that does not mean she knows what to do in a drug or shooting matter.

Each type of criminal case is different. The approach to a murder is not the same as it is with a white collar case Certainly, someone who has not even practiced regularly in the criminal court sessions is going to be like the perverbial fish out of water even though dressed in the same kind of suit.
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October 26, 2009

Celebrity Suspect Is Arrested North Of Boston In Drug Sting

by Altman & Altman

Welcome to the year 2009, more than twenty years after 1984, which was the title of a famous book by George Orwell. The book depicted a society where “Big Brother”, the government, was always watching. Ironically, while the show “Big Brother” was not the downfall of Adam J., a 31-year-old PR executive, (hereinafter, the “Defendant”), the government was. It was about a week ago, while in Massachusetts, that he developed the need for a defense attorney.

Big Brother is a CBS reality show that films contestants 24 hours, 7 days a week and makes them evict fellow houseguests one by one for a chance to win the big prize. The Defendant won the money in April 2008. He may not have been evicted then, but he risks being convicted now.

The charge? He is charged with, and has purportedly admitted to, trying to sell 2,000 oxycondone pills to a government informant. He is also said to have admitted that he used his $500,000 Big Brother prize money to purchase the drugs, which he distributed along the east coast for months.
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