Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

Understanding the Serious Nature of Fentanyl-Based Criminal Charges

A Dominican national was charged on May 27th in Boston in connection with trafficking fentanyl. It was later revealed in a charging document that eight kilograms of fentanyl, one of which also contained valeryl fentanyl, and a fentanyl analog were found at the man’s residence. Being convicted of possession with intent to distribute 400 grams or more of fentanyl carries various penalties including imprisonment, supervised release, and fines. Additionally, the possession of any of fentanyl’s pharmaceutical forms can lead to various penalties including arrest, the suspension of a driver’s license, the suspension of a professional license, substantial fines, criminal prosecution, and a variety of other repercussions. 

Fentanyl is a Dangerous Drug

Fentanyl is a synthetic, opioid-derived painkiller that is viewed as one of the most dangerous drugs on the market. Despite its risks, fentanyl is classified by the United States Drug Enforcement Administration as a schedule II substance which means fentanyl has a high potential for misuse as well as the tendency to cause physical and psychological dependence. Criminal penalties associated with the distribution and possession of a Schedule II substance are determined by the quantity of the substance possessed by an individual at the time of the arrest. 

Massachusetts Crimes Associated With Fentanyl

Fentanyl is available in a variety of forms in the United States. Without a prescription, it is a serious criminal offense to distribute, possess, or use fentanyl. Furthermore, possessing expired medication or more than the amount of the fentanyl that is prescribed also violates both Massachusetts and federal laws. People charged under Massachusetts law for fentanyl-related offenses can face misdemeanor penalties if a small amount is involved. A person can face felony charges if he or she is unlawfully found with a large quantity of fentanyl. 

Defenses Exist to Fentanyl Charges

As a person facing a drug charge, it is important to remember that not all arrests lead to convictions. One of the most common defenses involves a person’s Fourth Amendment rights, which includes the protection against unreasonable searches and seizures. Law enforcement can violate the Fourth Amendment in various ways while searching a person’s home, vehicle, or body. For example, searches under the Fourth Amendment are viewed as presumptively invalid unless a warrant exists. In situations where evidence was obtained only due to a violation of a person’s Fourth Amendment rights, law enforcement can often move to exclude evidence. Another one of the most common ways to defend against a fentanyl charge is to show that possession of fentanyl was actually lawful, which means that the person carrying the drug had a permissible reason to be in possession of the drug, like a medical condition. 

Obtain the Assistance of a Drug Crime Defense Attorney

Drug crimes in Massachusetts carry various penalties that can end up substantially impacting your life. One of the best things to do if you are facing a drug crime charge is to promptly obtain the assistance of a skilled defense lawyer. Schedule a free case evaluation with attorney Edward R Molari to begin responding to your charges.

Tags: 
Criminal Defense
Fentanyl
Drug Trafficking
Drug Possess to Distribute

Advice on Responding to False Sex Crime Charges

 

A man from Chicago was arrested in Boston at the beginning of June and charged with sexual exploitation of children as well as the receipt of child pornography. After an initial federal court appearance in the Northern District of Illinois, the man was detained following a detention hearing. Charging documents reveal that in June 2020, the man threatened and manipulated a Massachusetts minor through Snapchat as well as text messages that requested the minor make and send images and videos of the minor engaged in sexual conduct. The investigation revealed that both the Snapchat account and phone number utilized to contact the victim belonged to the man. A subsequent search of the man’s phone revealed that the victim had sent over one thousand media files to the man’s Snapchat account. Several of the files included child pornography. 

The charge of sexual exploitation provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a lifetime of supervised release, and a fine of up to $250,000. The charge of receipt of child pornography carries similar penalties. 

If you are charged with a sex crime in Massachusetts, there are some important details that you should know before responding to these charges.

External Motives Often Exist to Make False Allegations

It is critical for your attorney to assess whether a false motive existed for the sex crime allegation to be made. While it would be ideal if no one would ever lie about sex crimes, this is sometimes not the case. To overcome the inclination to believe the victim, you will be required to show that they had a reason to lie. Motivations can include things like revenge or jealousy. 

What Words Are Used Can Make a Significant Difference

A judge has minimal time to make assessments and determinations about the alleged victim and perpetrator. Word usage can play a critical difference in influencing whether a person is convicted. For example, using words like “victim” and “defendant” sends a subtle message about guilt to the jury. 

Prepare the Accused to Testify

Many sex crime cases end up as a version of “He said/She said.” In these situations, the jury tends to treat the victim as a credible witness and has an automatic disdain for the person charged with the offenses. In other situations, the jury is more forgiving if the accused appears nervous or has an angry outburst. The accused should do everything possible to create a good relationship with the jury, which sometimes means fully preparing to provide testimony about how the incident occurred. 

Obtain the Assistance of an Experienced Sex Crimes Attorney

Deciding how to best respond to a sex crime charge is never easy, but one of the best steps that you can take in doing so is to obtain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation. 

 

Tags: 
Criminal Defense

Advice on Responding to False Sex Crime Charges

 

A man from Chicago was arrested in Boston at the beginning of June and charged with sexual exploitation of children as well as the receipt of child pornography. After an initial federal court appearance in the Northern District of Illinois, the man was detained following a detention hearing. Charging documents reveal that in June 2020, the man threatened and manipulated a Massachusetts minor through Snapchat as well as text messages that requested the minor make and send images and videos of the minor engaged in sexual conduct. The investigation revealed that both the Snapchat account and phone number utilized to contact the victim belonged to the man. A subsequent search of the man’s phone revealed that the victim had sent over one thousand media files to the man’s Snapchat account. Several of the files included child pornography. 

The charge of sexual exploitation provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a lifetime of supervised release, and a fine of up to $250,000. The charge of receipt of child pornography carries similar penalties. 

If you are charged with a sex crime in Massachusetts, there are some important details that you should know before responding to these charges.

External Motives Often Exist to Make False Allegations

It is critical for your attorney to assess whether a false motive existed for the sex crime allegation to be made. While it would be ideal if no one would ever lie about sex crimes, this is sometimes not the case. To overcome the inclination to believe the victim, you will be required to show that they had a reason to lie. Motivations can include things like revenge or jealousy. 

What Words Are Used Can Make a Significant Difference

A judge has minimal time to make assessments and determinations about the alleged victim and perpetrator. Word usage can play a critical difference in influencing whether a person is convicted. For example, using words like “victim” and “defendant” sends a subtle message about guilt to the jury. 

Prepare the Accused to Testify

Many sex crime cases end up as a version of “He said/She said.” In these situations, the jury tends to treat the victim as a credible witness and has an automatic disdain for the person charged with the offenses. In other situations, the jury is more forgiving if the accused appears nervous or has an angry outburst. The accused should do everything possible to create a good relationship with the jury, which sometimes means fully preparing to provide testimony about how the incident occurred. 

Obtain the Assistance of an Experienced Sex Crimes Attorney

Deciding how to best respond to a sex crime charge is never easy, but one of the best steps that you can take in doing so is to obtain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation. 

 

Tags: 
Criminal Defense

How a Criminal Defense Lawyer Can Help You Respond to Sex Crime Charges

An Andover doctor was recently charged with illegally filming a woman while engaging in sexual intercourse with her. The doctor, an employee of Lahey Hospital, was arraigned for two counts of illegal wiretapping. The woman accused him of secretly filming her while she both took a shower and engaged in sex with the doctor from 2011 to 2013. 

If you or a loved one has been charged with a sex crime in Massachusetts and you know you did not commit the charge in question, it is easy to fall into the trap of believing that things will simply resolve on their own. In reality, however, this rarely happens. If you are charged with a sex crime, you should not hesitate to obtain the assistance of an experienced sex crimes attorney. The following are some common ways that an attorney can help you in this situation.

Careful Review of Your Case

An experienced criminal defense lawyer will review the facts of your case to assess how to best respond. The best sex crimes attorneys will review the prosecution’s case to determine what strategy would lead to the best possible results. This might mean dismissing your case, exoneration, or obtaining reduced charges. 

Reduce Your Charges

The best criminal defense lawyers can have charges entirely dropped, exclude evidence from court so victims end up facing a less serious crime, or even get charges reduced. Remember, even if you did commit a sex crime, it is still possible with the assistance of a seasoned defense attorney to successfully argued that your charges should be reduced. 

Building a Defense to Sex Crime Charges

Knowledgeable sex crime lawyers can review the details surrounding your case to decide what would be the best defense possible. Some of the most common defenses raised in sex crime cases include: 

  • Arguing that the victim consented to the act and that as a result, the act in question was not a violation of the victim’s rights, or the act was not criminal. It is often particularly challenging to show that consent existed, though. 

  • There have been countless cases in which a person who at first seems like a victim is later discovered to have a motivation like revenge that led to bringing a criminal charge against the other person. If an external motivation can be demonstrated, it might be possible to have your charges dropped. 

  • Sometimes, a person charged with a sex crime will plead innocent. This means that the individual did not engage in any type of activity that warranted the charges. Arguing innocence is often difficult unless a person can establish why the alleged victim initiated the charges.

Speak With an Experienced Criminal Defense Lawyer

Sexual offense convictions carry more than potential imprisonment and potential fines, they can also lead to lasting social stigmas that can interfere with a person’s ability to live in certain places or pursue certain careers. If you are charged with such an offense, you should not hesitate to speak with an experienced attorney. Contact attorney Edward R Molari today to schedule a free case evaluation. 

Tags: 
Criminal Defense

How Should You Respond if Law Enforcement Wants to Search Your Vehicle?

Three suspects were recently arrested in connection with a shooting that occurred on Route 138. The Canton Police Department reports that the incident occurred after one vehicle forced another off the road. A person is then reported to have fired a gun. The suspect was accused of intentionally ramming a vehicle. This collision caused the passenger of the vehicle that was struck to fire six shots. The suspect later abandoned his vehicle close to the crash scene. 

Two people besides the driver were in the vehicle that was struck. A search warrant executed following the arrest later led to the discovery of two firearms, an extended Glock Pistol magazine, and Fentanyl. 

The driver currently faces charges of  intent to murder, discharging a firearm within 500 feet of a dwelling, assault and battery with a deadly weapon, possession of ammunition, and unlicensed possession of a firearm. The exact charges against the other two suspects are not yet certain but will likely include accessory after the fact of assault with intent to murder, accessory after the fact of assault and battery with a deadly weapon, and possession of a firearm.

When it comes to police searches, many people fail to understand that a vehicle is not held up to the same standard as a residence. People have a lower expectation of privacy on public roads than they do at home. To stop and search a motor vehicle on the road, law enforcement needs probable cause. Anything that law enforcement finds in your vehicle can be held against you in a court of law. 

How to Respond to Law Enforcement During a Search

To prepare for interacting with law enforcement, there are some important details you should understand about legal searches and seizures:

  • You should make sure that important paperwork including your driver’s license and registration is easily obtained if you are pulled over by the police. 

  • If an officer cannot find probable cause to search your vehicle, they will likely ask for your consent to perform such a search. Remember in these situations, law enforcement is hoping that they can intimidate you into consenting. 

  • Law enforcement will often ask motorists if they are intoxicated or have drugs on them. In these situations, law enforcement is also expecting that you will give up information out of nervousness about being in the presence of a police officer. 

  • You are not under any obligation to answer a question that law enforcement asks. Instead, you should check whether you are under arrest or are in trouble. You need not feel compelled to directly answer law enforcement’s questions, beyond identifying yourself. 

  • Law enforcement will sometimes continue to request a search of your vehicle even if they lack probable cause. In these situations, it is best to deny their requests. 

Speak With an Experienced Criminal Defense Attorney

Regardless of the charge that you face, one of the best steps that you can take after a criminal charge is to contact an experienced attorney. Schedule a free case evaluation with Edward R Molari today.

Tags: 
Criminal Defense
Search and Seizure

What Do You Need to Know About Massachusetts Ammunition Laws?

 A fugitive was recently accused of armed robbery and assault. The man’s arrest came after law enforcement months of searching for him. At the time the man was taken in by law enforcement, a “ghost gun” was found on him. The 20-year-old was later arrested on warrants for armed robbery, assault with a dangerous weapon, firearm offenses, and making threats. 

Law enforcement from the Violent Fugitive Apprehension Section and a detective unit for Essex County began searching for the man in the summer of 2020 by checking various addresses where he had lived and interviewing multiple sources. The man, however, could not be found. 

Law enforcement then learned about an address for the man on Fern Street in Lawrence. A woman allegedly answered the door at this location and provided a fictitious name. The woman was later identified as wanted for a warrant for narcotics distribution and arrested. 

The fugitive was then discovered and arrested. Law enforcement states that a gun was located next to the man in plain sight on television. While performing a search warrant later, law enforcement seized the weapon, which turned out to be a ghost gun modeled after a Glock P80. Ghost guns are untraceable firearms. Law enforcement also seized 17 rounds of .45 caliber ammunition, one 9mm round, and what appeared to be Xanax pills. Additional charges against the man are still pending. 

If you are facing ammunition-related charges in Massachusetts, there are some important details that you should remember.

Massachusetts Ammunition Laws

Some of the highlights of ammunition laws in Massachusetts include the following:

  • Massachusetts does not prohibit unreasonably dangerous ammunition

  • Massachusetts requires a firearm license to either purchase or possess ammunition

  • Massachusetts law prohibits selling or furnishing long gon ammunition to anyone under the age of 18

  • Massachusetts requires anyone who sells ammunition to obtain a license 

Penalties for Violating These Laws

If you are arrested by the police for the unlawful possession of ammunition in Massachusetts, you can end up facing some serious ramifications. Gun laws in Massachusetts should be taken extremely seriously. Under Massachusetts law, possessing ammunition is considered a criminal offense that can result in up to two years imprisonment as well as fines of up to $500. 

What Defenses Can be Raised to Ammunition Charges?

Some defenses that are commonly raised in response to charges involving ammunition include:

  • Being in the proximity of ammunition does not always equate to possession

  • At the time of the arrest, you were not aware that ammunition was on you

  • Law enforcement might have violated your constitutional rights while performing a search 

Obtain the Assistance of a Criminal Defense Lawyer

As soon as you are arrested, law enforcement begins to create various strategies to weaken your case. In these situations, you should not hesitate to speak with an experienced attorney. Contact Attorney Edward Molari today. 

Tags: 
Criminal Defense

Three Helpful Tips for Responding to Drug Possession Charges

Boston law enforcement arrested a man in West Roxbury in March 2020. The arrest occurred after the man was found by law enforcement with amphetamine and methamphetamine in New Hampshire. The man was subsequently released so he could turn himself over to New Hampshire law enforcement. The man is reported to be a sergeant in Internal Affairs. The Boston Police Department reports that the sergeant has been on leave since earlier this year and that the department’s anti-corruption unit is investigating the incident. The suspect has been with the Boston Police Department since 2002.  

No two drug charges are identical. The Commonwealth of Massachusetts, however, takes each of these offenses seriously. Consequently, it is critical to understand as much as possible about how to respond to these charges. This article reviews some helpful strategies that will likely improve your legal standing if you are charged with a drug-related offense.

Do Not Forget Your Constitutional Rights

Even though Massachusetts lawmakers take drug charges seriously, law enforcement must still observe your Constitutional rights when pursuing these charges. For example, the Fourth Amendment protects against unreasonable searches and seizures. Consequently, if you can show that law enforcement performed an unlawful search or seizure, you may very likely be able to get the drug charges dropped.

Be Aware of the Various Charges

While it is not necessary to commit all of Massachusetts’ drug laws to memory, you should realize that various charges can be brought against a person in the Commonwealth. Not only do different charges require the prosecution to establish different facts, but the severity of charges also ends up influencing what penalties you end up facing. Some of the most common drug charges initiated in Massachusetts include:

  • Possession occurs if a person is found with any type of illegal substances on his or her body. Penalties for this offense vary substantially based on the type and amount of drugs among other factors.

  • Possession with intent to sell or deliver is an elevation from possession and results in more serious penalties. These charges are made if law enforcement decides that the suspect planned on selling drugs.

  • Distribution involves delivering, selling, trafficking, or importing drugs. A conviction for this offense results in devastating penalties.

  • Drug manufacturing charges vary based on the type and amount of drugs being produced. These charges often carry significant penalties.

Recognize Entrapment

Law enforcement sometimes coerces individuals into purchasing or interacting with drugs so an arrest can be made. If you can establish that your actions were the direct result of law enforcement’s coercement or force, however, you will likely be able to argue entrapment. Note, though, law enforcement is known to lie and distort the facts to make arrests on drug charges. Lying by law enforcement alone does not amount to entrapment. 

Obtain the Assistance of a Seasoned Criminal Defense Attorney

When people are charged with criminal offenses, they are often left uncertain about how to respond or what they can do to combat the charges. Schedule a free case evaluation with attorney Edward R Molari today. 

Tags: 
Criminal Defense
Drug Trafficking
Drug Possess to Distribute
School Zone Violation
Cocaine
Percocet
Morphine
Marijuana
Heroin

Issues to Consider When Facing Massachusetts Deadly Weapon Charges

A man was charged in March 2020 with allegedly stabbing two people inside the Bell in Hand Tavern in downtown Boston. Boston law enforcement promptly responded to the call at the historic bar and arrested the suspect, while Boston emergency medical workers transported both victims to a nearby medical facility with non-life-threatening injuries. 

When law enforcement arrived at the tavern they discovered that two men were stabbed and that staff security members were attempting to restrain the suspect on the main floor close to the bar. Law enforcement noticed the suspect violently struggling while two victims lay on the ground receiving care from other staff members. The suspect was later charged with two counts of assault and battery by means of a dangerous weapon, two counts of assault by means of a dangerous weapon, simple assault and battery, and resisting arrest and threats. 

If you are charged with a deadly weapon offense in Massachusetts, you can end up facing some severe consequences. Not only do people often receive jail time and penalties, but deadly weapon charges can also have other repercussions that can significantly disrupt a person’s life. The following reviews some critical points to understand about the nature of deadly weapon charges in Massachusetts.

Properly Inform Law Enforcement You Have a Weapon

To avoid an undesirable situation, there are some important details that you should remember in disclosing to law enforcement that you have a knife, gun, or another deadly weapon. After directly telling the police you have a weapon, law enforcement will respond in one of several ways. Often, law enforcement will remove the weapon for both your safety as well as the officer’s well-being. If the officer requests to remove the firearm, you should ask how you should hand over the weapon. If the officer gives you instructions about how to give up the weapon, you should repeat them back and narrate your actions as you proceed slowly. If the officer says anything that does not make sense, you should stop and ask for clarification. 

Massachusetts Deadly Weapon Laws Carry Harsh Penalties

Massachusetts law states that carrying a dangerous weapon on your person or vehicle is punishable by six months to two and a half years in jail. MGL c. 269 s. 10(b) states that a deadly weapon includes various types of knives as well as blowguns, metallic knuckles, and a wide range of other instruments that can be used to harm people. If a person has previously been convicted of carrying a firearm or other deadly weapon once or several times, this statute contains elevated penalties. It is a safe bet that if you can physically harm someone with the object you are holding, law enforcement and prosecution will likely find that it constitutes a deadly weapon.

Defenses to Deadly Weapon Charges

While convictions for deadly weapon offenses carry serious penalties, defenses exist to respond to these charges. Part of the reason so many defenses exist to these charges is that several elements must be established for a conviction to be made. Some of the most common defenses raised in response to deadly weapon charges include:

  • A person cannot be charged with a deadly weapon offense if that individual did not actually have a deadly weapon.

  • You might have only been using the deadly weapon to act in self-defense or to protect another.

  • You may not have acted intentionally or willfully. For example, you might have been coerced to act in a certain way by a kidnapper or someone else was exerting control over you.

  • Unfortunately, sometimes people are accused of crimes they did not actually commit. If you are the victim of mistaken identity and can draw such identification into question, you will likely be able to defend against a deadly weapon charge.

Contact an Experienced Criminal Defense Attorney Today

If you or a loved one has been charged with a crime in Massachusetts, one of the best steps that you can take afterward is to promptly contact a compassionate defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Dangerous Weapon
Assault with Dangerous Weapon
Firearms

Recognizing Your Rights During Searches for Child Pornography

The Suffolk District Attorney’s Office reports that a Boston man faces child rape charges following allegations that he forced a minor to have sex for housing and drugs for several months. The man was arraigned in the Roxbury Division of the Boston Municipal Court on three counts of aggravated rape of a child under 16 and one count of distribution of obscene materials.  

The man was held on a $15,000 cash bail and ordered to stay under house arrest. The man’s bail was later revoked for a previous drug charged. Officers first responded to the man’s home following the report of the stabbing of a minor who had been missing for six months. After performing an investigation, law enforcement alleged that the man had forced the minor to have sex for things like housing, drugs, and money for several months. Child pornography was also played in front of the victim. 

A conviction connected to child pornography carries serious repercussions that can interrupt a persona’s professional and social life. Consequently, it is a good idea to know your legal rights if law enforcement ever performs a search of your computer, smartphone, or other electronic device.

What Police Can (and Cannot) Do Without a Search Warrant

Law enforcement will often begin by asking whether it has your permission to search your electronics for child pornography. If you allow law enforcement to search, police will not need to obtain a warrant before searching your electronics. As a result, it is almost always in your best interest to deny law enforcement the right to perform such a search.

If law enforcement, however, thinks that child pornography is on your electronic device and there is reason to believe you will immediately destroy the device, law enforcement can search the device without obtaining a warrant.

You Still Have Rights if the Police Have a Warrant

Warrants are documents signed by judges that give law enforcement the authority to either perform an arrest or search a property. If the police tell you that they have obtained a warrant to search your electronic device or devices, you have a right to request to see the warrant. Several elements should be included on the warrant like the specifics of what is to be searched and the judge’s signature. While the warrant addresses what the police are looking for, if the police stumble on other incriminating evidence while executing a warrant, then the police can keep this evidence, too.

While a warrant to search an electronic device means law enforcement can do certain things, there are still limits. For one, while you cannot actively obstruct the police’s search, you certainly do not have to help the police. You also do not have to answer any questions that the police ask you while performing such a search.

What Happens if the Police Cannot “Get in” to Your Electronics

Provided the police have a warrant to search the item, the police can take your electronic device somewhere else to perform a more detailed inspection. If the police think that evidence of a criminal offense is on the electronic device, they can keep this item as evidence. Sometimes law enforcement even tries to permanently keep electronics through the forfeiture process, but this can be challenged.

Do Not Hesitate to Speak with a Criminal Defense Lawyer

Criminal charges should be taken seriously because they can result in lasting repercussions. One of the best things to do if you or a loved one is charged with a criminal offense is to promptly contact an experienced attorney. Contact attorney Edward R Molari today for assistance. 

Tags: 
Criminal Defense
Search and Seizure

Three Ways to Challenge a Search Warrant

Law enforcement arrested three individuals after discovering both drugs and evidence of manufacturing at a residence. The Ware Police Department reports that three individuals were arrested after executing a search warrant for a residence located on Monson Turnpike Road with the assistance of the Monson and Warren Police Departments. The search warrant was obtained following an extensive investigation into drug activity in the area. 

During the search of the residence, an undisclosed amount of crack cocaine was located, as was suboxone and other drug paraphernalia. Other evidence that was seized was consistent with the manufacturing of crack cocaine. Various charges were made against the suspects including conspiracy to violate drug laws, possession of Class B drugs, and manufacturing a class B drug, One of the suspects was subsequently held without bail until his arraignment while the other two suspects were released on personal recognizance with their arraignment.

Unfortunately, law enforcement in Massachusetts can enter your home and seize evidence if they have a valid search warrant. Evidence seized under a search warrant can later be used in a criminal trial. It is often possible, however, to request a Franks hearing to keep evidence out of a trial. While the odds of a successful Franks hearing are low, you still might be able to protect your Constitutional rights if the police did not follow proper procedures. This article reviews some of the most common ways that people can challenge search warrants.

Lack of Probable Cause

One of the most common important questions to ask about search warrants is whether probable cause existed to permit such a search. Probable cause is found in not just a sentence or two in an affidavit but instead is assessed based on the “totality of the circumstances.” If it can be established that the judge lacked a substantial basis for concluding that probable cause existed, the defense challenge will fail.

Errors in Time

Timing is critical when considering a search warrant’s validity. Law enforcement must establish that the things they want to seize are likely to be on the premises at the time that a warrant is requested. One example of where time must be carefully considered is when an anonymous tip has spurred law enforcement into action. If a search warrant application’s affidavit fails to state when law enforcement received the tip or when the conduction in question occurred, a search warrant will likely be found invalid because it cannot be justified that the object of the search will be on the property at the time the judge signs the warrant.

Place Errors

Another common way to argue against search warrants is to claim that premises referenced in documentation supporting the search are not sufficient. The language of the Fourth Amendment demands that a search warrant be specific to the place being searched. If a search warrant fails to include statements defining where will be searched, it is not valid on its face. Instead, search warrants must provide the location of the property to be searched and distinguish this location from other areas.

Obtain the Assistance of a Compassionate Criminal Defense Attorney

A drug-related conviction carries various penalties and substantial stigma. As a result, if you are left facing one of these charges, it is a good idea to obtain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation.

Tags: 
Criminal Defense
Search and Seizure

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