Massachusetts Legal Developments Blog

Charges were brought against 21 individuals in December of 2021 relating to a drug trafficking operation that included fentanyl, cocaine, and several illegal substances. The drugs were transported between Connecticut, New Hampshire, Massachusetts, Maine, and Puerto Rico.  

Law enforcement believes the ring was led by a 31-year-old man, who is now accused of trading drugs wholesale as well as employing storage houses and couriers to store as well as distribute drugs. Law enforcement claims that the man received fentanyl from local individuals, but obtained cocaine from Puerto Rico. 

During the search, law enforcement states that almost 8 kilograms of cocaine were obtained from packages sent to the people now facing drug charges. Altogether, almost 11 kilograms of cocaine as well as almost 700 grams of fentanyl and more than $200,000 in proceeds from the drug trade was collected during the investigation. 

In May 2020, law enforcement began looking into the drug ring. Since December 2020, police have collected evidence of communication between members of the ring and their associates. These communications are claimed to show that the defendants distributed fentanyl and cocaine in Lawrence and the surrounding area. 

Like other criminal offenses, methods exist to defend yourself against drug trafficking charges. Like many other offenses, the exact defense that a person can raise depends on various facts present in your case. This article, however, reviews some of the most common defenses that people raise in response to charges of drug trafficking. 

I Was Unaware of Illegal Drugs

Many people traffic illegal drugs without even being aware that they are doing so. For example, a person operating a vehicle might be pulled over and discover that unbeknownst to the operator, the vehicle contains illegal drugs. Not being aware that a person was transporting drugs can be a powerful defense strategy to respond to trafficking charges. 

The Trafficking Was the Product of Threats

Sometimes, people are forced to traffick drugs as the result of threats. These threats can constitute direct threats of violence if a person declines to traffick drugs or threats to hurt or harm someone a person loves if the individual does not traffick drugs. Because the subject is engaging in the illegal activity only to protect themselves or their loved ones, this defense strategy can be used to defeat drug trafficking charges. 

Law Enforcement Lacked Adequate Search Paperwork 

Even if a person is engaged in drug trafficking, the law requires that authorities proceed through the appropriate steps before making a search or arrest. If law enforcement lacks a search warrant, a charge can later be tossed out. Even if drugs are obtained during a search, failure by law enforcement to not obtain a warrant sometimes negates a case. 

Contact a Dedicated Massachusetts Drug Defense Lawyer

Conviction for a drug offense in Massachusetts carries with it some serious penalties. If you or a loved one is charged with a drug offense in Massachusetts, one of the best things that you can do is obtain the assistance of a defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation. 

Massachusetts in comparison to other states has less legislation designed to guard children against the dangers of sexual abuse. This can change, however, if pending measures pass. One pending bill would heighten the scrutiny of individuals looking for jobs in schools as well as prohibit schools from entering into a confidentiality agreement if a worker is involved in sexual misconduct with a minor. Another pending measure would block abusers from raising the age of consent as a defense if the abusers have a sexual interaction with a student. This legislation would state that protection should not apply if the adult charged is in a position of authority at the school.  

Experts report that if these measures are passed, Massachusetts could become a leading state in regards to measures protecting children. One executive director of an organization designed to protect children has stated that if Massachusetts can pass screening bills and solve age of consent problems, the state will return to being a leader in protecting children from sexual abuse. 

The Role of Ex Post Facto Laws 

The phrase ‘Ex Post Facto’ is a Latin term that translates to “after the fact.” In the legal sense, ex post facto refers to laws that are unenforceable in regards to a particular person charged with an offense because the regulation makes a person’s non-criminal act into a criminal offense only after the person has completed the act. 

Ex post facto includes any regulation that attempts to do any of these listed elements: 

• Makes a non-criminal act a criminal offense after the subject’s actions or conduct is complete. In these cases, a person cannot be held criminally liable for conduct that was legal at the time it was committed but which was subsequently outlawed.

• Makes punishment associated with a crime more severe after the crime has been completed.

• Makes regulations more challenging for a person to defend his or her case 

• Restricts a defendant’s defense options that existed before the subject’s criminal action or conduct

How to Respond if You are Charged with a Sex Crime

One possible side effect of this new law in Massachusetts is that more people will be falsely accused of criminal offenses. If you or a loved one has been charged with a sex crime, there are some important steps that you should immediately take. These steps include:

• Remain silent. Remember, you have a right to do so under the Fifth Amendment. You are also not required to take any steps that would generate evidence that could be used against you. 

• Gather any records connected to the period of the incident in question. This might include emails, videos, or text messages.

• Decline any voluntary searches by law enforcement. Similarly, do not turn over written records unless ordered. 

• Do not engage in contact with the victim of the alleged incident or anyone who claims to have seen the incident occur. 

Contact a Seasoned Sex Crimes Defense Lawyer

In addition to significant penalties, the conviction of sex crimes in Massachusetts also results in lasting social stigma. One of the best ways to respond to these charges is to obtain the assistance of an experienced defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.

A replica handgun was found on a teenager at a Boston school in November 2021. The teenager was carrying what appeared to be a pistol. The arrest occurred at Dearborn Stem Academy. The 14-year-old was arrested by school safety officers after they spotted him with a weapon placed in his waistband. The weapon that was found was not a gun, but instead was a BB gun that resembled a Glock pistol. The suspect was detained while law enforcement arrived at the scene. Officials determined that the teen was not enrolled in Dearborn Stern Academy or any other public school in the Boston area.  

The teen charged with the offense currently faces charges involving possession of a firearm on school property as well as trespassing. The man is due in Boston Municipal Court.  

A BB gun (or as it is sometimes referred to, a pellet or air gun) shoots a projectile through the use of compressed air. Massachusetts categorizes these weapons neither exactly the same as all firearms nor in the “dangerous weapon” category. Instead, the only restriction that Massachusetts places on pellet guns is an age-related one. This article reviews some of the important Massachusetts laws and ways the state addresses BB guns, which can come in handy if you are charged with an offense related to these guns. 

The Use of BB Guns in Public Areas

Adults (or people over the age of 18) are permitted to own BB guns in Massachusetts freely. This means that people are not subject to any licensing or registration requirements. Discharging a BB gun across or from a public area, however, is prohibited by the state, though. 

Age Restrictions in Massachusetts

Any person below the age of 18 in Massachusetts is prohibited from possessing a BB or pellet gun. People under the age of 18 who want to learn how to fire a pellet gun at a qualifying licensed firearm range must do so accompanied by either a parent or guardian. Minors in Massachusetts, however, are permitted to possess and use pellet guns if that individual has a hunting and sporting license as well as written permission from the chief of police in the area where that person resides. 

The Repercussions of Firing a BB Gun in Massachusetts

A person who fires a BB gun in Massachusetts can end up facing a misdemeanor that is punishable by up to a $100 fine accompanied by confiscation of the weapon and even potential destruction of the firearm. 

Contact a Firearm Defense Attorney 

If you or a loved one is faced with a firearm offense in Massachusetts, you can end up facing serious penalties. One of the best steps that you can take in such a situation involves contacting an experienced firearm defense attorney who will remain committed to making sure that your case resolves in the best manner possible. Contact Attorney Edward R Molari today to schedule a free case evaluation.

Greenwich law enforcement recently charged an individual with criminal attempt at sexual contact with a minor as well as criminal attempt at sexual assault and criminal attempt at enticing a minor by computer. Each of these offenses is a felony. 

Detectives from the police department’s Special Victims Sections were busy for several weeks in what has been referred to as an “internet undercover sexual predator investigation.” 

After the suspect set up a meeting in Greenwich with the decoy, the man was arrested without incident. The suspect brought marijuana as part of an attempt to meet the teenager and has been charged with marijuana possession-related offenses, as well. The man was held on a $750,000 bond and a court appearance was scheduled for later in October. 

Massachusetts law enforcement sometimes relies on covert means to lure unsuspecting individuals to meet-ups. Law enforcement posting as prostitutes or underage individuals willing to engage in sexual activity make arrests after the subject goes to the proposed meeting location. Convictions for associated offenses lead to imprisonment, fines, and registration as a sex offender among other penalties. 

It is common to hear people charged with offenses of this kind argue that law enforcement utilized entrapment to make the arrest. Entrapment is illegal and occurs when law enforcement coerces a law-abiding citizen to violate the law. Entrapment is viewed as illegal because the subject would not have engaged in the illegal activity if that person had not been convinced to do so by the police. 

What Constitutes Entrapment in Massachusetts?

Police in Massachusetts are considered to commit entrapment when to obtain evidence involving a crime, an officer originates the idea of a criminal offense and then induces another individual to engage in the crime when the other person is otherwise not disposed to commit the offense. To successfully raise the defense of entrapment in Massachusetts, evidence must be provided of inducement and this evidence must go past mere solicitation. 

A large number of sexual predator investigations avoid arguments about entrapment by allowing the subject to initiate criminal intent to commit the offense. As a result, when the subject engages in certain activities in the sting, the subject might meet the legal requirements for showing criminal intent. Some of the activities that the subject might engage in include approaching the subject of his or her free will, offering cash in exchange for sexual activity, or showing the undercover police that the subject has money to pay for sexual activity or sexual items in possession. 

If the subject engaged in any of the following activities, the subject will likely not be able to raise entrapment as a defense following a police bust. Law enforcement’s decision to go undercover as an underage child will not be sufficient coercion or persuasion to prompt the subject to commit a criminal offense. 

When Entrapment Can be Used as a Defense 

For entrapment to be raised as a defense, your attorney must be able to produce evidence showing that the police engaged in inappropriate activity which might include coercion or forceful coercion, the use of sexual favors or money as incentives to motivate the subject, or continuous aggressive acts to persuade the individual. Evidence of active promotion of a crime by law enforcement might also be evidence of entrapment. 

If entrapment can be utilized as a defense, your attorney might be able to either have the charges that you face greatly reduced or dropped entirely.  

Contact a Seasoned Sex Crime Defense Attorney

Even if you are capable of successfully defending against sex charges in Massachusetts, simply being charged with these offenses carries substantial social stigmas as well as other hardships. If you or your loved ones need the assistance of a compassionate sex crimes defense attorney, do not hesitate to contact Attorney Edward R Molari today for assistance.