Boston Criminal Lawyers Blog

Lowell Police yesterday arrested four people on Massachusetts Drug Crimes Charges in connection with the seizure of 75 pounds of marijuana and 2 guns.

Phaly Chhoeun, 28; Samnang Sath, 34; Sanith Siv, 35; and Mao Keo, 33, all of Lowell, are each facing charges of Drug Trafficking; Drug School Zone Violation; and Conspiracy to Violate the Massachusetts Drug Laws.

Mao Keo is also charged with Massachusetts Gun Charges and being an Armed Career Criminal.

The drug investigation by the Lowell Police Department that led to these arrests came after police executed a search warrant at an apartment in Lowell.

In many drug cases where search warrants are involved, police will often have to rely on a period of undercover surveillance of the target location and the suspected individuals believed to be involved. Sometimes police will also employ undercover police officers, but most often they will rely on confidential informants who will conduct 'controlled drug buys' with the individuals.

In drug investigation where police believe that drugs are being sold from a particular location but are unsure of the identity of the individuals involved, the use of confidential informants becomes even more important. Sometimes, however, police will be reluctant to reveal the identity of the confidential informants, even at trial, and this could sometimes prove advantageous to the defense.

In every case involving search warrants in drug cases, the application for the search warrant should be scrutinized extremely carefully for any deficiencies. In some cases, the probable cause necessary for the issuance of the search warrant may be lacking, and the person may have meritorious challenge in getting the drugs excluded (by filing a Motion to Suppress Evidence).

Continue reading "4 Charged with Massachusetts Drug Trafficking Over 75 Pounds of Marijuana" »

Adam Brisbois, 28, of Boston, was arrested at the South Station on Massachusetts Drug Crimes Charges yesterday after allegedly selling pills to undercover Boston Police officers.

Brisbois, who was reportedly living at the Occupy Boston camp in Dewey Square, allegedly sold clonodine pills to undercover Boston officers in a bathroom at the South Station bus terminal.

He was charged with Possession with Intent to Distribute Drugs and is scheduled to be arraigned in Boston Municipal Court this morning.

According to the Boston Police Department, there has been an increase in "drug activity" near the Occupy Boston / South Station area.

The Massachusetts Drug Crime of Possession with Intent to Distribute a Controlled Substance criminalizes the distribution and/or possession with intent to distribute a controlled substance and is punishable by imprisonment for up to 2.5 years in the House of Corrections or up to 10 years in state prison.

Continue reading "Protester at Occupy Boston Arrested on Drug Charges" »

The Boston Police Department and Boston Mayor Thomas Menino recently announced that they are targeting convenience store owners, primarily in Roxbury, who allegedly sell drug paraphernalia, such as "crack pipe kits", and charging them with violating the Massachusetts Drug Crimes Laws.

The investigation was reportedly initiated after complaints from the neighborhood that the stores selling these items would attract too many drug users and addicts.

In all, the Boston Police Department reportedly focused their attention on 14 locations and seized various items the store owners were selling to customers, including 'crack kits', illegal poker machines, Viagra pills, glass smoking pipes, and other items that drug users can allegedly use to support their habit.

14 store owner will reportedly be summonsed and charged with violating the Massachusetts Drugs Laws.

What is interesting about this case is that it appears many of the items that were reportedly being sold are not, in and of themselves, illegal. An item, for example, that could be used for legal purposes and sold lawfully, is now considered to be 'drug paraphernalia' by the Boston Police, subjecting these store owners to arrest and prosecution.

But the question that will inevitably be posed in most, if not all, of these cases, if it's legal to sell the item, then how can the proprietor be prosecuted criminally where it's the buyer who then elects to use the item for unlawful purposes?

Continue reading "Boston Police Target Convenience Store Owner for Selling 'Drug Paraphernalia'" »

Destin Jean, 22 of Randolph, was arraigned in Quincy District Court this morning on several Massachusetts Drug Crimes Charges, including Drug Trafficking.

He had also previously been charged in Quincy on Gun Crimes Charges as well as Larceny of a Motor Vehicle and Leaving the Scene of an Accident.

According to the Norfolk County District Attorney's Office, Destin Jean was arrested following the execution of a search warrant after he had reportedly been the subject of a 'month long investigation' of alleged drug crimes.

In many types of these 'investigation' cases, police officers often typically engage confidential informants to purportedly conduct a few 'controlled drug buys' from a person suspected of dealing in narcotics from their home or other residence. Often times, the police themselves never enter into the home but rely almost exclusively on the representations of these 'confidential informants'.

The confidential informants, meanwhile, are most often individuals who themselves have gotten or sometimes are currently in trouble with the police, and offer to provide information for lenient treatment in their present (or sometimes anticipated future) criminal matters.

In applying for the Search Warrant, the police almost never reveal the true identity of the confidential informant, but rather refer to him/her by code name, for instance, CI12, or "AJAX". Ultimately, once the warrant is executed, the police hope to find evidence of criminal conduct and be able to establish a direct link to that criminal conduct to the person targeted in the investigations.

Sometimes, however, the government's case could turn out to be a 'dud', particularly if the person arrested did not reside in the own; had no personal belongings within that might establish his residence there; had no independent access to the home without another person; had not previously been seen at or near the home; or if several or more persons could have also had access to the alleged criminal instrumentalities seized.

Continue reading "Randolph Man Charged with Drug Dealing in Quincy" »

Jonathan M. Pore, of Arlington, was arrested on Massachusetts Drug Charges after Arlington Police found 111 marijuana plants in his home this week. Pore was arraigned this morning in Cambridge District Court and charged with Possession with Intent to Distribute a Controlled Substance.

According to the Cambridge Police Department and the Middlesex County District Attorney's Office, the apartment allegedly belonging to Pore was searched yesterday and allegedly found to contain 111 marijuana plants, about 46 pounds, with a reported street value of over $120,000. Police also allegedly seized $6,300 and 3 scales.

It's unclear whether Jonathan Pore was present when the apartment was searched; whether there were any other occupants present and/or if anyone else resides in the home; nor what led police to focus a drug investigation on Pore and/or the apartment.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with Massachusetts Drug Crimes, and is available 24/7 for consultation.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Drug Lawyer or call 617-325-9500.

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

Emily McCarthy, a bartender at Paddy Barry's Bar in Quincy, was arrested last week on Massachusetts Drug Charges after she allegedly sold pills during her shift. She was arraigned in Quincy District Court on the charge of Possession with Intent to Distribute Drugs.

According to the Quincy Police Department, an officer working a detail on Hancock Street allegedly observed Emily McCarthy engage in a suspect drug transaction with a truck that had pulled up to the bar. Although the officer apparently admitted not seeing what, specifically, was exchanged, based on his 'training and experience', he believed that a drug sale had just occurred.

After the truck left, the officer requested other officers to stop the truck and during questioning about the meeting with McCarthy, the driver, John Saturno of Milton, allegedly told police that he had lent McCarthy $40. The Quincy Police, however, searched the truck and allegedly seized 100 pills of Gabapentin. Meanwhile, Emily McCarthy was approached by officers as well. She was searched and from her person police allegedly seized 12 oxycodone pills.

Based on this information, it is very apparent that officers had no reasonable suspicion or probable cause whatsoever to believe that a drug transaction had occurred. There was therefore no constitutional basis for the officer to justify any stop and search of any of the parties involved. The 4th Amendment to the United States Constitution guarantees that ever person be free from warrantless searches and seizures without the requisite level of suspicion.

Accordingly, it appears that all parties who were arrested in this case have tremendously strong issues in support of challenging the Search & Seizure and the Quincy Police Department's actions in this case. If successfully on such a constitutional challenge to a violation of their rights, all the evidence in this case should be 'suppressed' or thrown out.

Continue reading "Quincy Bartender Arrested for Drug Distribution " »

Luis Hernandez, 41, of Natick, was arrested this past week and charged with Massachusetts Drug Crimes Violations following a 'month-long' investigation in Framingham. Hernandez was charged with Unlawful Distribution of a Controlled Substance; Possession with Intent to Distribute Drugs; Conspiracy to Violate the Massachusetts Drug Laws and Resisting Arrest.

According to the Middlesex County District Attorney's Office, Natick Police allegedly observed Luis Hernandez engage in a drug transaction from the parking lot of his Natick apartment. Police then followed the alleged buyers, Gina Stucchi and William Roberts, to a parking lot in Framingham off Route 9 and allegedly observed them attempting to himself with cocaine or heroin. One of the passengers in the car, Maria Woods, allegedly told police they had purchased the drugs from Luis Hernandez.

Natick Police stopped Luis Hernandez sometime thereafter and he allegedly admitted to having drugs in the car, as well as drugs in a safe in his apartment. Officers then searched Hernandez' apartment and allegedly recovered cocaine and drug paraphernalia.

Seems too easy for the police doesn't it? Imagine how simple it was for everyone involved to admit their criminal culpability, make statements implicating themselves in drug dealing, while at the same time providing police with the probable cause to conduct a warrantless search of an apartment. There must be more, or less, to this story...

At the end of the day, in almost every case my clients are involved with, I almost always get the same statement from the client: "I never told the police that!" Discrepancies concerning any alleged statements are to be taken very seriously, particularly where the client/defendant denies making any statements in the first place. For that reason, I always advise clients to err on the side of caution and invoke their Right to Remain Silent or Privilege Against Self-Incrimination.

Regardless, all other persons involved in this investigation were arrested on various Drug Crimes Charges.

Continue reading "Natick Man Charged with Drug Crimes out of Framingham" »

Michael Dell'Isolia, a sergeant for the Middlesex County Sheriff's Department assigned to the Cambridge Jail, was arrested on Massachusetts Drug Charges for following a sting operation. He is scheduled to be arraigned tomorrow in Woburn District Court on drug charges including Drug Trafficking in Cocaine.

According to the Middlesex County District Attorney's Office, Michael Dell'Isolia, who has been employed by the Middlesex County Sheriff's Department for 28 years, was under investigation by the Massachusetts State Police for several months for alleged illegal drug activities. Dell'Isolia was then contacted by an undercover Massachusetts State Police Trooper today who allegedly gave Dell'Isolia some cocaine, along with some cash. Once he accepted the drugs and money, Dell'Isolia was immediately placed under arrest for allegedly Violating Massachusetts Drug Laws.

The inference by statements of Middlesex County Sheriff, Peter J. Koutoujian, is that the investigation into Michael Dell'Isolia was initiated by the Sheriff's internal affairs department, possibly suspecting that Dell'Isolia was allegedly smuggling drugs into the Cambridge facility. From there, the Middlesex County Sheriff's Department referred the investigation to the Massachusetts State Police.

Continue reading "Massachusetts State Police Arrest Cambridge Jail Sergeant on Drug Charges" »

Ronald McGinn Jr., a Massachusetts Corrections Officers, has been arrested on Drug Charges for allegedly attempting to smuggle drugs into the Norfolk County House of Corrections. McGinn was charged with Possession with Intent to Distribute a Controlled Substance.

According to the United States District Attorney's Office, the Massachusetts Corrections Officer allegedly met with an undercover FBI agent and agreed to smuggle heroin into the Norfolk County House of Corrections after discussing what fees he would charge for selling the drugs to inmates.

The investigation was reportedly initiated by the Norfolk County House of Corrections when the Norfolk County Sheriff asked the FBI to investigate because they had determined someone was smuggling drugs to the prisoners.

Ronald McGinn, Jr. was arrested today after he was found to be in possession of 28 grams of heroin. If convicted in Federal Court of these drug charges, he could face up to 20 years in federal prison.

Continue reading "Massachusetts Corrections Officers Faces Drug Smuggling Charges" »

Cynthia King, 46, of Brockton, was arrested on Massachusetts Drug Crimes Charges after Boston Police conducted a search of her car at the MBTA bus yard in South Boston.

The investigation against Cynthia King reportedly began in May of 2010, when a confidential information allegedly told police that a driver for the MBTA was selling crack cocaine from the bus. Based on that information and subsequent surveillance by the Boston Police Drug Control Unit, the police were able to obtain and execute search warrants of King's car and her person when she arrived to work and recovered crack cocaine, cash and other alleged drug paraphernalia, including digital scales and two cell phones.

Cynthia King as been formally charged with Unlawful Possession with Intent to Distribute a Class B Substance. Following her arraignment today in the Dorchester District Court, she was released on $1,000 cash bail.

King has been employed as a bus driver with the MBTA since 2002, but was suspended following her arrest on these drug charges. It's unclear whether she was allegedly dealing drugs as she was driving buses for the MBTA, but that is presumed to be a matter under investigation.

Continue reading "Massachusetts Bus Driver Arrested on Drug Charges" »

Jonathan Perez-Flores, 28, of Dorchester, was arrested in Dedham for 34 alleged violations of Massachusetts Drug Crimes Charges.

Perez-Flores has been charged with several counts of Drug Distribution, Unlawful Possession of Drugs, Drug School Zone Violations, Conspiracy to Violate Drug Laws, Possession with Intent to Distribute Drugs.

According to the Dedham Police Department, Perez-Flores was arrested after undercover police officers had made several 'controlled buys' of heroin from him and after a lengthy undercover drug operation in which he was the purported target.

After allegedly engaging in a drug sale with an undercover Dedham police officers on March 4, Perez-Flores was arrested by the Norfolk County Police Anti-Crime Task Force after his car was blocked in by police vehicles. Officers reportedly had to smash Perez-Flores' driver's side window and forcibly remove him from the car, all while he was allegedly attempting to swallow baggies of drugs. At the time of his drug arrest, Dedham police officers allegedly recovered 19 small bags of heroin and 18 small bags of cocaine.

Following the arrest, police officers executed a search warrant at the Mattapan home of Perez-Flores' purported supplier, where they allegedly recovered additional drugs, false identifications, a loaded gun, $10,000 in cash, and a additional drugs.

The alleged supplier, who has only been identified as "Brian", is also facing several Massachusetts Drug Crimes Charges.

Continue reading "Boston Man Arrested in Dedham for Drug Distribution" »

Six individuals were indicted this past Friday by an Essex County Grand Jury in Salem on several Massachusetts Drug Crimes Charges.

Roger Jones and his girlfriend, Chrystalina Cruz, of Salem, were both charged with Drug Trafficking Over 200 grams of Opium after they allegedly received a package in the mail from Florida of 2,000 percocets, valued on the street at approximately $60,000.

According to the Essex County District Attorney's Office, a postal inspector came across the 'suspicious package' that was to be delivered to an address in Lynn and then contacted authorities. Police officers then engaged in a controlled-delivery of the package to the address, which was allegedly signed for by a woman at the request of Chrystalina Cruz.

After signing for the package, the woman, at the direction of police officers, then call Cruz to come and retrieve the package. Sometime later, both Cruz and Roger Jones arrived at the Lynn address to retrieve the package, where they were then both arrested on these Drug Crimes Charges.

The Drug Crime of Trafficking Over 200 grams of Opium carries a minimum-mandatory state prison sentence of 15 to 20 years.

Prosecuting drug cases such as these where a controlled-delivery was made by the police are still not easy to prove. The critical question in these types of cases is whether the person(s) receiving the package had knowledge of the contents of the package, as well as possession of the controlled substance. Possession can be 'actual' possesion; or 'constructive', meaning knowledge of the item coupled with the intention to exercise dominion and control over the item at any given time.

From all reports, it does not appear that Roger Jones had any knowledge of the contents of the package when he allegedly went with Cruz to retrieve it from that Lynn apartment. If so, his defense to the charge of Drug Trafficking could be 'mere presence', and denial of any knowledge of the drugs...

Continue reading "Essex County Grand Jury Indicts Lynn Men for Drug Trafficking" »

George Diaz, 36, of Dorchester, was arraigned on several Massachusetts Felony Crimes Charges at his hospital bed after allegedly swallowing the drugs.

According to the Weymouth Police Department, Diaz, who was reportedly under investigation for several weeks on suspicion of selling drugs out of his home, was allegedly observed by officers to have engaged in a street-level drug transaction. Officers then followed him to a gas station, where he then allegedly tried pulling away as the officers approached, nearly hitting them.

When officers finally caught up to him, Diaz allegedly swallowed an unknown amount of drugs. Following his arrest, George Diaz was taken to South Shore Hospital in an effort to recover the drugs he allegedly swallowed.

Diaz was formally arraigned at his hospital bed and charged with Assault with a Dangerous Weapon, Failure to Stop for Police, Negligent Operation of a Motor Vehicle, Resisting Arrest, and Larceny Under $250.

Pending recover of any drugs, Diaz had not formally been charged with any Massachusetts Drug Crimes.

Continue reading "Dorchester Man Charged with Assault Arraigned in Hospital" »

Quincy Police executed a Search Warrant at 109 Garfield Street and arrested three persons on various Massachusetts Gun Charges and Drug Crimes.

Daniel Hardesty, 41, of Quincy, Villar Cruz, 23, of Dorchester, and Johan Figueroa-Rivera were all arrested during the raid and charged with Possession with Intent to Distribute Drugs; Conspiracy to Violate Massachusetts Drug Laws; School Zone Drug Violation; Unlawful Possession of a Firearm; and Unlawful Possession of Ammunition.

According to the Quincy Police Department, the execution of the Search Warrant at 109 Garfield Street was the result of a 'month-long' investigation into alleged drug dealing at that address.

Typically in these types of cases, although the police may have had probable cause to believe drug dealing was allegedly going on at that location, they might not have necessarily had information regarding all of the individuals involved.

In search warrant cases of this nature, police often employ a 'confidential informant' to go in and buy drugs from the target location. The confidential informant would then relay to the officers either the name of the person allegedly selling the drugs, or at the very least, a description of the person(s) selling and/or present at the time. Even where named individuals are not immediately known, police will often search public land records or utility records to find out who lives there. The persons on these records, however, may not necessarily be the person(s) involved into the alleged drug activity.

For this and may other reasons, it is critical that persons charged with any Drug Crimes or Gun Charges should then Contact a Boston Criminal Lawyer.

Continue reading "3 Men Arrested After Quincy Drug Raid" »

Braintree Police Officers arrested Eric J. Tobin, 25, of Taunton, and Jonathan R. Melo, 23, of Dorchester, for allegedly violating Massachusetts Drug Crimes Laws at Braintree's South Shore Plaza this afternoon.

Jonathan Melo was charged with Distribution of a Controlled Substance and Conspiracy to Violate the Drug Laws; and Eric Tobin was charged with Unlawful Possession of Drugs and Conspiracy to Violate the Drug Laws.

According to the Braintree Police Department, officers' suspicion became aroused when they observed a red SUV driving up and down rows of parked cars at the South Shore Plaza in Braintree. Police identified the driver of that SUV as Eric Tobin, who ultimately allegedly got out of the car and got into a gray Buick. Braintree Police Officers allege that Tobin was in that Buick for less than a minute before then getting into his own car and leaving the area.

Braintree Police stopped by cars, and after being 'evasive' to officers questions, officers search both cars and allegedly recovered two small bags of heroin in Tobin's car; and $1,800 on the possession of Jonathan Melo.

Notwithstanding the recover of drugs and having been charged with violating Massachusetts Drug Laws, both Tobin and Melo would be smart to challenge the Search and Seizure of the officers' initially stopping them and searching their vehicle.

In Constitutional challenges in Search and Seizure in Massachusetts Drug Cases such as these, whether or not drugs or other contraband was ultimately found is irrelevant if the initial seizure and search was not lawful. In other words, if the Braintree Police Officers had no probable cause, or at the very least, reasonable suspicion, to believe that Melo and Tobin were committing a crime, then their being stopped and searched was unconstiutional.

In this context, without additional observations that might have elevated the officer's suspicions that a crime had taken place, I would venture that both these men have merit in challenging the officers actions. For instance, there doesn't appear to have been any indication that either men were known to the officers as drug dealers or users; they didn't see drugs or money actually being exchange; they didn't see observe any 'furtive' movements by either party; and neither man reportedly committed any motor vehicle violations that might justify their being stopped on independent grounds.

Under Massachusetts Drug Laws, an officers' 'hunch' that a drug deal had taken place, even if correct in hindsight, does not justify an illegal detention and search.

Continue reading "Braintree Police Arrest Two Men on Massachusetts Drug Charges at South Shore Plaza" »