Drug Offenses

May 20, 2009

What Should You Do If You Are Being Arrested In Boston? The Boston Criminal Lawyer Blog Answers The Questions Of What To Do Until You Contact Counsel

Once again, you are being arrested in Boston. Maybe you are out for a “night out on the town” and the town, and its inhabitants, has turned on you. Perhaps you are carrying something that has been branded as illegal…such as a gun or some drugs. Maybe there is a warrant out for your arrest and, for some reason, those police officers on the corner are looking at you kinda funny. Whatever the circumstances are, members of law enforcement are coming to approach you and they are not baring gifts…except for the Commonwealth’s Bracelets of Shame. Oh, how you wish you had your lawyer standing right beside you.

But you don’t.

You are on your own until you can get to the experienced criminal defense attorney whom you long ago learned from this daily blog you should consult.

What to do.

In today’s weekly Thursday Attorney Sam’s Take, we look at these crucial moments during which time you will decide how to respond to the approaching officers. If you are a regular reader to this blog, you probably know a lot of what I am about to tell you already. However, it is worth reviewing, since getting it wrong could cost you a lot of years.
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May 19, 2009

Boston Area Gentleman Needs Defense Attorney After Guns, Drugs And Cash Are Found Throughout His Home

by Altman & Altman

Mr. John F., 32 of Quincy (hereinafter, the “Defendant”), needs a good lawyer.

According to law enforcement, his home housed some ill-advised contents. As a result, he is now being described as a mid-level drug dealer.

On Monday night, around 6:00pm, police raided the Defendant’s home. The Commonwealth claims that a search of the home resulted in the seizure of approximately 20 grams of crack, cocaine and weapons including two shotguns, one which had a sawed-off barrel, a 9 millimeter handgun with a defaced serial number and hollow-point bullets.

The Defendant himself was not found in the actual house. He was allegedly found in a detached garage where two shotguns and a Sig Sauer semi-automatic handgun were also discovered.

Police also indicate they found a box containing $1,100 in cash located above a suspended basement ceiling as well as another $1,700 in a bedroom, along with the 20 grams of crack found in the bedroom closet.
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April 22, 2009

Drug Arrests made in MA -Felony Drug Charges To Follow, Including Trafficking and Distribution

by Altman & Altman

These have been big days for narcotics law enforcement specialists. State agencies as well as Boston’s various local FBI, ATF and DEA agents worked together to bring suspects to court and clients to lawyers.

Let’s take Pittsfield first. There, three daytime raids resulted in the seizure of approximately $35,000 worth of drugs as well as the alleged leader of the Bloods gang.

The hope is that the synchronized raids will bring an end to the violent crime problem that has been plaguing the area. The police chief said, “By following up in this investigation, it is our hope and expectation that we will come to a solution in some, if not all, of the violence that has plagued Pittsfield over the last several months.”

The raids were a result of an ongoing investigation by the Berkshire County Drug Task Force and the Pittsfield Police Department drug unit.

Meanwhile, a South Easton man was arrested on Massachusetts cocaine trafficking charges after police seized about $30,000 in cocaine and $9,000 cash in an undercover narcotics investigation headed by Foxboro Detective Thomas Kirrane and Sharon Detective Scott Leonard of the Norfolk County Anti-Crime Task Force.

Stephen K, 52, (hereinafter, the “Defendant”) who lives at the Easton Mobile Home Park on Route 138 in South Easton, was arrested last Wednesday in the Shaw’s supermarket parking lot at 760 South Main St. in Sharon, near the Foxboro line. When he was arrested the Defendant, who also has an address in Florida, had numerous bundles of cocaine with an estimated value of more than $2,000 and more than $2,300 in cash Continue reading

April 6, 2009

Criminal Defense Attorney Wins Search Issue In Drugs And Guns Case

by Altman & Altman

The city of Lynn’s top cop, Police Chief John Suslak, is unhappy. His ire has been raised by a ruling by the Supreme Judicial Court in Boston. On Friday, he joined law enforcement officials across the state in saying that the decision barring police from frisking suspected drug dealers for weapons in most cases endangers officers. To said officials, those pesky defense attorneys have done it again. More loopholes for criminal defendants to slip through.

To said attorneys, however, as well as the Court, those “loopholes” are Constitutional safeguards.

Last week, the SJC, the Commonwealth’s highest court, ordered police to stop pat-frisking suspected drug dealers for weapons unless they have specific information the person is armed or has a history of violence. One member of the Court disagreed with the majority, claiming that the ruling puts police officers in jeopardy. Various members of law enforcement agree with that dissenting opinion and Chief Suslak.

“Police work by its nature is dangerous, and drug work is even more so,” said Lawrence Police Chief John Romero. “We will comply with the ruling . . . but it’s going to put officers at risk.” Suffolk District Attorney Daniel F. Conley, however, is not so compliant. He has said that he wants Boston police officers to protect themselves and that he is prepared to lose some cases if a judge rules drugs were found after an illegal pat frisk.
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April 1, 2009

A Bomb Threat Is Not A Good Defense To Probation Violations

by Altman & Altman

As last week came to a close in Lawrence, Massachusetts, its district court had a little excitement. A bomb scare was declared. Now, those believed behind the scare are facing criminal charges and need lawyers.

The reason for the bomb scare?

Perspective probation violation.

Yes, the police allege that Jamiel W.,18 (hereinafter, the “Defendant”) had been scheduled for a drug analysis test. It was a part of his probation requirements. It was also a test that he believed he would not pass.

Failing the test could land him back in jail.

Unfortunately for the Defendant, law enforcement tends to take things like bomb scares fairly seriously given that this is the age of terrorism.
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March 20, 2009

Massachusetts Drug Traffic Continues

by Altman & Altman

It was not an uncommon news story on Wednesday in Springfield. A Multi-defendant drug bust of heretofore unknown budding defendants. You know the drill…”high-crime area”, “ongoing investigation”, attorneys’ arguing bail and mouthing “not guilty” for their clients to recite when asked by the court.

Sergeant John Delaney of the Springfield Police Department proudly announced the arrests of John C., 27; Karla T., 24; and Robert W,, 37. (hereinafter, collectively the “Three Defendants”) as part of the bust.

The arrests followed an ongoing investigation. After conducting an hour of surveillance, watching drug sales of crack and marijuana, the police arrested two alleged sellers and one alleged buyer. on Carter and Tapia at Union and Orleans Streets, detectives observed the duo routinely making sales of crack and marijuana. After police observed Walter receive a sale, police followed him out of the vicinity and arrested him.
The arrests of the alleged drug dealers went down without incident. The alleged buyer, however, fought back and tried to swallow the evidence.

He lost the battle.
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March 15, 2009

Howard K Stern and Two Doctors Charged with Providing Controlled Substances to Anna Nicole Smith

by Altman & Altman

Two years after the death of former Playboy Playmate Anna Nicole Smith, Howard K Stern, her boyfriend and attorney, and two of her doctors have been charged with conspiring to supply her with controlled substances from July 2004 through January 2007.

The two doctors are Khristine Eroshevich and Sandeep Kapoor. The two of them and Stern allegedly prescribed, dispensed, or gave a controlled substance to Smith, who was a drug addict. They are accused of conspiring to and providing the former model-turned reality star with thousands of prescription pills prior to her death.

Smith died from an accidental prescription drug overdose in February 2007. She was just 39. 11 prescription drugs were found in her hotel room at that time. Some of the medications were prescribed to Smith using aliases, while other drugs were prescribed to Stern.

Stern and Kapoor were both arrested last week and released on $20,000 bond. Eroshevich is expected to turn herself in. Her criminal defense lawyer says that Eroshevich only provided prescription drugs to Smith under other names to protect the star’s privacy.

Stern faces six criminal felony counts while the doctors have been charged with seven.

Smith’s drug overdose death came just months after her son Daniel, 20, died after taking a deadly mix of drugs and while Stern and Larry Birkhead, another former Smith boyfriend, waged media and legal battles over which of them was the biological father of Dannielynn, Smith’s baby girl. DNA tests eventually confirmed that Birkhead was the father.

Following Stern’s arrest, his attorney issued a statement calling all the accusations against him false. She expressed confidence that the drug charges against him would be dropped and she cautioned the media to allow Stern to be presumed innocent unless he is proven guilty in a court of law.

Lawyer, MDs Charged in Anna Nicole Smith Case, The Washington Post, March 14, 2009
Howard K Stern’s Attorney Issues a Statement, ET Online, March 13, 2009

Related Web Resources:
Anna Nicole Smith collapses, dies at 39, MSNBC, February 9, 2007
Birkhead named baby’s dad; Stern won’t fight for custody, CNN.com, April 10, 2007 Continue reading

March 11, 2009

Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes

by Altman & Altman

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009
Massachusetts Crime Rates 1960 – 2007, Disaster Center
Related Web Resources:
Massachusetts State Police
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March 4, 2009

The Boston Criminal Lawyer Blog Views The Remains Of A Boy Charged With Murdering His Brother To Control The Family Drug Trade

by Altman & Altman

Hyannis, Massachusetts, is a land one does not often associate with gang wars and murder. However, today’s daily Boston Criminal Lawyer Blog examines one of its more tragic stories…one that sounds like it came out of a bad novel… or the Civil War. It is about two brothers who were brought up in a family business too often found these days…the Massachusetts drug trade.

Now, one brother is dead. His younger brother is charged with killing him.

Mykel M., 13, (hereinafter, the “Defendant”) is now accused of masterminding the slaying of his 16-year-old half-brother Jordon (hereinafter, the “Deceased”) so he could take over the drug operation – one police say they inherited from their father, who is in prison for running one of the biggest cocaine rings on Cape Cod.

The Deceased was found shot, stabbed 27 times and dumped into a pit, where his body was torched. Another 13-year-old friend and a 20-year-old cousin also are charged with murder.

The killing has shaken the normal quiet of winter on Cape Cod, the summer tourist destination known for its beautiful beaches, salt water taffy and famous residents. In fact, the Deceased lived just a few miles from the Kennedy compound in Hyannis Port.
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February 26, 2009

The Boston Criminal Lawyer Blog Welcomes Drugs And Guns Defendant Home

by Altman & Altman

Today, we welcome home Germaine G., 30, (hereinafter, the “Defendant”). The Commonwealth has just welcomed him back by awarding him seven and a half years of free room and board. He had actually earned the award when he was convicted four years ago for violating Massachusetts’ drug trafficking and firearm laws. He was not there for the verdict, though. Apparently demonstrating his faith in how things went, he left his attorney behind and skipped out during jury deliberations. The former resident of north of Boston’s city of Lynn is now back in the Commonwealth’s warm embrace and it appears he will be for awhile.

The Defendant had been found guilty of trafficking over 28 grams of cocaine, trafficking cocaine within 1,000 feet of a school zone, distribution of cocaine as well as possession of a firearm and ammunition without a license.

Jurors had deliberated for five and a half hours over a two-day span, but reported their verdict to an empty chair on Nov. 30, 2004 after the Defendant, who had been free on $5,000 cash bail, failed to appear for the conclusion of his trial.

A Massachusetts warrant had been issued for his arrest.

He was intercepted in October on the warrant after trying to enter Toronto, Canada from Barbados.

Tuesday afternoon in Woburn Superior Court, Judge Elizabeth M. Fahey welcomed the Defendant back by ordering that he serve five years in state prison for the cocaine trafficking charge and also imposed another mandatory 30-month jail sentence for trafficking cocaine within a school zone, which will commence when he completes his state prison term.
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