Boston Criminal Defense Lawyer Blog

The Lawrence Eagle Tribune reports that a Lawrence Massachusetts man faces a minimum mandatory sentence of 10 years in state prison if convicted of charges stemming from a drug bust. Marcelo Perez, 48, of 210 Lawrence St., was charged with drug crimes including two counts of trafficking cocaine, two counts of unlawful possession of a handgun, two counts of unlawful possession of ammunition and possession of a dangerous weapon.

Three local authorities worked together focusing on suspected drug activity in the Dunkin' Donuts parking lot on Main Street in Haverhill Massachusetts. Reports indicate that when he was arrested Perez had loaded .38 caliber pistol and 305 grams of cocaine in his jacket. With the assistance of the Tewksbury K9 unit, police discovered a hidden compartment in the back floor of Perez's jeep. It has been reported that the authorties seized an additional 30.7 grams of cocaine another loaded handgun, a box of ammunition and a digital scale. Police estimated the street value of the cocaine at $6,500.

If you have been charged with any drug crime in Massachusetts, it is imperative that you have an experienced defense attorney on your side. Most drug arrests stem from a search that has been conducted by the police. Attacking the legality of the search is often times the first step to a successful litigation of a drug offense. Depending on the circumstances of the case, this is done by filing a motion to suppress evidence seized from a defendant, his or her car and/or his or her home or apartment. Attorney McCarthy has successfully litigated these types of motions. If the evidence is suppressed the government is left without a case.

Based on the recent Supreme Court decision of Melendez-Diaz v. Massachusetts, it is imperative that a qualified defense lawyer attack any drug certificate that the District Attorney attempts to introduce in order to establish that the seized substance is in fact an illegal drug. The Supreme Court has indicated that the Commonwealth cannot merely introduce a drug certificate to prove that a retrieved product is contraband. Based on this new case law, in most cases, the Commonwealth is required to produe a chemist that examined the item and determined that is was an illegal drug. The Courts and the District Attorneys' offices are scrambling to try to get around this requirement. If you find yourself facing drug charges you must have an experienced Massachusetts criminal lawyer on your side to fight for all of your rights.

Continue reading " Lawrence Massachusetts Man Faces Mandatory Jail Sentences Stemming From Drug And Gun Charges In Haverhill District Court " »

A District Court Judge refused to accept state Senator Anthony Galluccio's claim that he did not have any alcohol during his home confinement. The Boston Herald reports that after pleading guilty last month to leaving the scene of an accident causing personal injury, the embattled senator was sentenced to six months of home confinement. The Judge imposed strict conditions of probation including that the thirsty senator not ingest alcohol during his stay at home. He was allowed to leave his house to go to the Senate and vote and to go to church. The Herald reports that the same day that the breathalyzer machine was put in Galluccio's home, the machine measured alcohol on his breath four times. The positive readings led the probation officer to serve Galluccio with a notice to have him surrendered due to a violation of his probation conditions. Although initially winning the court battle to remain out of jail for Christmas, he lost the war at the final surrender hearing and was sentenced to one year in jail.

Many defendants believe that they are home free when they walk out of the courthouse on probation. However, a large number of individuals find themselves in prison due to the fact that they did not live up to the terms of their probation. If you have been served with a notice from your probation officer that you have violated the terms of your probation it is important that you have an experienced defense lawyer on your side. At a preliminary hearing the probation officer must present evidence indicating that you have in fact violated your probation. A skillful attorney will argue that the probation department failed to meet the initial threshold. During a final surrender hearing it is critical that a defendant has a prepared, persuasive and organized attorney on his or her side to prevent a defendant from being surrendered and possibly imprisoned.

Continue reading " District Court Judge Sentences Embattled Senator Galluccio To One Year Following Probation Surrender Hearing " »