Articles Posted in Drug Offenses

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The new changes in the Massachusetts drug laws will not help one gentleman from Fall River. It might not happen in Boston, but New Bedford’s District Attorney has a policy that means bad news for defendants possessing drugs and guns.

The result?

A decade behind bars.

William T., 30, (hereinafter, the “Defendant”) was convicted last Monday in New Bedford Superior Court on various Massachusetts drug charges, such as trafficking Class B drugs over 100 grams, trafficking Class B drugs over 14 grams and possession of marijuana to distribute, as well as possession of an illegal firearm, unlawful possession of ammunition and unlawful possession of a large capacity feeding device after pleading guilty.

Superior Court Judge Richard Moses sentenced the Defendant to 10 years for the drug trafficking charge, and a three-year sentence to run concurrently on the Massachusetts firearm charges.

The Defendant was arrested in March 2007 after police saw him exit a residence at 33 Hall St. during a surveillance operation. Police then stopped the Defendant as he drove away from the home, and a subsequent search revealed two plastic bags in his waistband containing 122 grams of cocaine.

Police then went to the Defendant’s home and executed a search warrant. Police recovered two bags of marijuana, 23 more grams of cocaine, five firearms, ammunition, a scale, packaging materials and $37,665 believed to be drug proceeds.
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This February began as “Weapons Gathering Month” as far as local police are concerned. We return to two warnings often read in the daily Boston Criminal Lawyer Blog. Namely…(1) different law enforcements agencies communicate and (2) you do not get advance notice that an investigation is going on.

No, I am not referring to the cache of weapons in a Worcester home that were discovered when police and an ambulance were called due to a medical emergency this weekend. The month’s gun-toting atmosphere predated that.

A joint investigation by five area towns resulted in the arrest and arraignment in the beginning days of February of a Maynard man on charges of stealing and trying to sell firearms, including some assault rifles.

Lawrence W., 24, (hereinafter, the “Defendant”) was arrested as a result of an ongoing investigation according to Marlborough Detective Lt. Robert Jusseaume, one of the investigators in the case. The investigation included police from Maynard, Marlborough, Hudson, Sudbury and Newton, he said.

“We were able to pool information and resources and we were able to, based on our investigation, establish probable cause that a cache of weapons was stored at house in Maynard,” Jusseaume said.

“It originated with a burglary in Newton over the summer,” Jusseaume said. “Numerous weapons, including assault rifles, were taken.”
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It was not downtown Boston, but downtown Northampton that hosted a concert featuring a jam band known as the Disco Biscuits, resulting in fourteen arrests. The somewhat unusual scene apparently led suspects laughing all the way to meeting their attorneys at Northhampton District Court where they were advised of their charges.

The nature of the charges? Drugs and juvenile in possession of alcohol.

But there was a twist in this one.

Perhaps inspired by the noteworthy performance of the late Heath Ledger as The Joker in 2008’s blockbuster film “The Dark Knight”, some of those arrested were in possession of tanks containing nitrous oxide.

You may have heard of it as “laughing gas”.

Police found that the suspects had set up metal cylinders of nitrous oxide in various locations, including one police discovered in alley off King Street right next to the theater. They were selling balloons filled with the gas for $5 apiece, Police Capt. Kenneth A. Patenaude said.

About a half-hour later, a crowd of 40 to 50 youths led police to discover another tank set up in the alley next to Florence Savings Bank on Pleasant Street. Yet another of the tanks was confiscated Saturday night from a room at the Quality Inn after a disturbance was reported there, according to Patenaude.
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…Meanwhile, back in the Bernard Madoff (hereinafter, the “Defendant”) drama, Magistrate Judge Ronald L. Ellis awaits written argument from the Defendant’s criminal lawyer as to why his client should not be incarcerated while awaiting trial for his artful recreation of the Boston – originated “Ponzi Scheme”.

The issues involved are an interesting combination of typical bail-related considerations as well as a novel twist to the “danger to the community” approach.

First of all, for those of you just waking up from about a month-long nap, the Defendant was arrested on December 11th on a securities fraud charge after the FBI said he confessed to swindling investors. Authorities say he told his sons he ran a $50 billion Ponzi scheme and had only a few hundred million dollars left.

The results of the fraud have been felt around the globe and across all strata of society.

He has been under house arrest at his multimillion-dollar Manhattan penthouse with an electronic bracelet and 24-hour guard.

But that status may be about to change.

On Monday, prosecutors asked the court for the Defendant’s immediate incarceration, saying he and his wife violated a court order by sending jewelry and antique watches worth more than $1 million to relatives and friends over the holidays. They argued that the action violated a freeze of the Defendant’s assets and demonstrated a danger to investors that he might dissipate assets. In effect, that by dissipating assets, he was continuing his thefts from his victims.

The judge asked lawyers on both sides during a bail hearing Monday to submit arguments this week to help him decide whether the Defendant should be jailed before trial.
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Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

“Yes, I stabbed him, but he attacked me first,” the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client’s neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.
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You know, it is not just Metro Boston law enforcement who know how to investigate. They are all trained to do it. That is why I keep telling you not to try to outwit them because you are not likely to succeed. Keep quiet, comply and get a criminal defense lawyer.

Michael W., 23, (hereinafter, the “Defendant”), thought he could fool the officer who stopped him earlier this week. He was riding in a car when it was stopped for speeding in Ashland, Massachusetts. When questioned as to his identity, the Defendant apparently gave the police a false name.

Unfortunately for the Defendant, however, the name he gave belonged to someone whom the officer knew was already in jail, according to the police.

Of course, the Defendant had a reason for wanting to be someone else…there was currently a warrant out for his arrest for the crime of rape.
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Lack of good judgment, while not a crime in itself, easily causes arrests. Here are two stories from the Boston area which illustrate this point and show how bad judgment can be expensive in the way of time, money, stress and the overall need for a defense attorney.

Beverly Police have charged two men are charged with the rape of a woman after a party and a night of drinking and smoking marijuana over last weekend. Another man known only by his first name (hereinafter, “Unknown Defendant”) could also face charges – if he is ever identified.

Terrence C, 17, of Beverly and Derek B, 18, (hereinafter “Defendants 1”), of East Bostonare the two identified defendants.

The rape reportedly happened on December 19th at a Cabot Street apartment and was reported to police just after midnight on Sunday morning, December 21st when the victim showed up at the Beverly Hospital emergency room. Beverly Police arrested the two men about 9 a.m. on Sunday.

The complainant, who is 18 years old, told police that it all began at a house party on Friday when the victim and the men went to one man’s apartment because he was under house arrest with a bracelet and had to be home, according to the police report.

Apparently, being under house arrest with a bracelet on is not a sign to be wary to today’s youth.

When they arrived, the complainant told police she gave Unknown Defendant $30 in cash to buy her Mike’s Hard Lemonade and grape vodka. When they returned to the apartment they all smoked marijuana and drank together, the complainant told police.

Just another typical Friday night in the ol’ north shore!
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How did you begin your weekend? I began mine by driving to court in Boston, doing other lawyer-like things at the office and then running home to “hunker down”, as the radio told me to do, because of the impending snow. I also dug out my car a couple dozen times.

I felt alittle put-upon by all that nasty snow.

In retrospect, though, I feel luckier. After all, 31-year-old Jason R. of Pelham, Massachusetts (hereinafter, the “Defendant”)did not have to shovel any snow on Friday, or Saturday or even Sunday. That was done for him.

In federal custody.

You see, he was arrested on Friday on federal warrants in Framingham stemming from a Pelham police investigation concerning illegal firearms possession.

Well, it was not just the fact that he was in possession of the guns…it was that he was a felon in possession of the guns.

The Defendant and law enforcement have had a bit of a stormy relationship over the past years.
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In the north of Boston, there is a little city called Salem, Massachusetts. Salem is a fun place with its own claims to excitement. A number of years ago, for example, we used to hang people for being witches. Next to Salem, is Lynn. Perhaps for more mundane reasons, Lynn tends to be a rather exciting place to live too as we have discussed in the this daily blog many times.

Last July, a Lynn man, apparently unsatisfied with the adventures that Salem had to offer, engaged in alittle excitement of his own. Well, his and his lady friends…

Michael B., 37, (hereinafter, “Boy Defendant”), and his girlfriend, Caroline T., 27 of Woburn (hereinafter, “Girl Defendant”), came to Salem two days ago to put an end to their pending criminal matter. They were coming to plead guilty .

It had been an assault case. Actually, a domestic violence assault case. A domestic violence assault case that was allegedly committed right outside the courthouse.

The alleged victim? Boy Defendant’s estranged wife (hereinafter, “Mrs. Boy Defendant”).
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Taghi T., 28, of Boston, (hereinafter, “Defendant 1”) was awaiting his mail on Wednesday. He did not realize that a criminal defense attorney would need to be involved.

Apparently, he should have.

Law Enforcement had intercepted the parcel and when Defendant 1 went to UPS in downtown Boston to claim it, he received the Commonwealth Bracelets of Shame instead. You see, the postal workers were really police officers. The package had a bit of marihuana in it…a “bit” being defined here as 10 pounds worth. And you know how the police are…always suspicious. For some reason they suspected there might be more goodies to be found, so they decided to search his Boston home.

They turned out to be right. They found a large amount of materials typically found in any healthy drug operation, according to Suffolk County prosecutors. Well, that is, if you consider 800 grams of cocaine, another 15 pounds of marijuana, more than 200 prescription pills, $25,235 in cash and various drug paraphernalia such as scales, cutting agents, and bags a “large amount”.

The Commonwealth does, incidently.

And so it was that Defendant 1 found himself before a Boston court facing various drug charges such as cocaine trafficking and drug possession.

But, hey, that’s the “big city”, right? If you are talking about Massachusetts, Beantown is the “big leagues”! The urban Mecca! What do you expect?
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