Massachusetts Legal Developments Blog

The Boston Globe is reporting that 29 people -- including one Boston city employee -- have been arrested and are facing state and federal charges relating to a drug and gun trafficking investigation. Three of the individuals involved have already been indicted by a grand jury. The press release, put out by the Suffolk County District Attorney's Office states that the three targets of the investigation are charged with distribution of heroin and distribution of firearms, and are all three charged as habitual offenders.

Under the habitual offender statute, if the defendant has been convicted and sentenced to state prison for not less than three years for two separate offenses in the past, upon a third conviction the defendant cannot be sentenced to less than the maximum state prison sentence provided by law.

Dana Brown and Vito Gray are charged with distribution of a class A substance -- carrying a maximum of 10 years. They allegedly sold 20 and 26 grams of heroin to undercover officers. Since the lowest threshold for trafficking heroin is 18 grams, it is fair to infer that the sales total weight was sold over the course of several transactions (unlike federal court, prosecutions in Massachusetts do not aggregate the weight of all alleged sales). 

According to the press release, Terrell Walker is charged with unlawful sale and possession of a firearm. Unlawful sale of a firearm carries a maximum of 10 years, and unlawful possession carries only 2 years, unless the possession occurred not at home or work (ie. “carrying a firearm”) in which case the maximum is 5 years. Second, third, and fourth offense offenses for carrying a firearm have higher maximum sentences, but the press release does not say that Walker is charged with carrying, nor does it say that the charge is a subsequent offense.

In fact, the press release says that although Walker was previously convicted of murder in the shooting death of a Boston Police Detective, it also says that conviction was overturned on appeal. The press release does say that all three defendants have prior convictions for violent offenses such as robbery, which could possibly subject them to higher maximum sentences and mandatory minimums under the Armed Career Criminal (also known as ACC or 10G) statute, but I have never met a judge or prosecutor who believes it is legal to apply the habitual offender enhancement to an armed career criminal sentencing enhancement, so even though they may face sentences as high as 15 to 20 years, the most those charges could add is 5 years to the 10 year minimum they face as habitual offenders charged with distribution of heroin. 

Make no mistake, 10 or 15 years is a lot of time, but these are prosecutions that the state clearly put a lot of time and effort into. They went as far as to invoke the habitual offender statute. It is remarkable, therefore, that it looks like the real exposure for these defendants is not higher. Meanwhile, the Commonwealth has yet to prove their guilt in court, they are presumed innocent.

Most people are familiar with the Second Amendment to the United States, which guarantees each individual the right to possess firearms. While the Constitution grants individuals some definite rights regarding firearms, the extent of these laws is not absolute. Instead, each state has the ability to pass laws that regulate and restrict the use of firearms.

If you or a loved one is charged with a firearm violation in Massachusetts, contact an experienced criminal defense attorney who can make sure that your case resolves in the best possible manner. It also helps to understand various firearm laws, which is why this article will review the most common firearm offenses in Massachusetts with which a person can be charged.

Illegally Carrying Firearms

Law in Massachusetts prohibits a person from illegally and knowingly possessing a firearm under certain circumstances. It does not matter whether the firearm is loaded or unloaded. These circumstances include if a person is present in a place of business, lacks a required firearm license, or possesses an illegal weapon.

Being charged with carrying a firearm in these situations can result in a person facing a mandatory sentence of at least 18 months in prison. Given these very strict laws, it is critical that a person who wants to carry a firearm under any circumstances, first makes sure that doing so is not against the law. It is also important if you charged with carrying an illegal firearm to immediately contact a seasoned criminal defense lawyer.

Possession of an Unlicensed Firearm

Massachusetts prohibits a person from possessing a firearm without a license or permit even if the individual only possesses the weapon at home or work.

Violations of these laws can result in a person facing up to two years in prison. As a result, you should make sure to perform adequate research about firearm laws before possessing one, which might include speaking with a seasoned criminal defense attorney.

Illegally Discharging a Firearm

It is important for individuals in Massachusetts to remember that it is illegal to discharge a firearm within 500 feet of any dwelling without first obtaining the permission of the dwelling’s owner.

While this might seem like a small offense, the illegal discharge of a weapon can result in a person facing up to three months in prison. Given the seriousness of these laws, it is important to properly screen an area before discharging a firearm. If you are charged with violating the law in this way, you should not hesitate to speak with a seasoned defense lawyer.  

Carrying a Loaded Firearm While Intoxicated

It is against the law in Massachusetts for a person to carry a loaded firearm on their body or in a vehicle while under the influence of alcohol or drugs.

A penalty of this nature can result in a person facing up to two and a half years in prison in addition to a $5,000 fine. For this reason, it is important to avoid carrying a loaded firearm while under the influence of alcohol or drugs.

Speak with a Seasoned Criminal Defense Attorney

A conviction involving a firearm offense can result in a person facing particularly serious penalties, including large fines and jailtime.

Fortunately, Attorney Edward Molari has significant experience helping individuals create a strong defense against a variety of firearm charges. If you are charged with a firearm-related offense, do not hesitate to contact our law office today for a free case evaluation.

According to the article in the Cape Cod Times, a high speed chase being pursued by a Mashpee Police Officer resulted in a horrible crash and the death of at least two person, and life threatening injury to another.

Rescuers were called at 12:14 a.m. Saturday to 4782 Falmouth Road, near the intersection of Route 130, to find three people involved in the crash, Barnstable Police Sgt. Jason Laber said.

A Toyota sedan was on fire and split in two with both occupants ejected from the vehicle, according to a statement from Cotuit Fire, Rescue and Emergency Services.

When the officer in purusit was asked for the reason for the high speed chase, he cited "erratic operation, speeding, marked lanes, [and] multiple stop sign violations."

An analysis of the turret tape recording in this case provides reason to believe that the officer involved in the chase is one of the officers involved in a case of mine from 2016 in the Falmouth District Court. That case resulted in the independent investigation of the officer for excessive use of force, and verdicts of not guilty against the indivudual he claimed had assulted him. 

The parties involved cotinue to litigate a claim for damages.

If it is true that this horrible incident involves the same officer, it raises further and grave concerns about his judgement and regard for the safety of those he is employed to serve.

“We are in the early stages of what is going to be a comprehensive and thorough investigation into our involvement of the facts and circumstances leading up to this terrible tragedy,” Mashpee Police Chief Scott Carline said in a release. “Our heartfelt condolences go out to the victims and their families at this time.”

On July 21st, Boston Police Drug Control Unit arrested an employee of the famous open-air Haymarket for using the market as cover for illicit drug sales.  According to the media reports, police observed the defendant make a drug sale behind a dumpste.  The Officers followed him to Haymarket and saw him enter a produce tent where he appeared to be employed. "About an hour later, police allegedly saw another customer do an apparent drug deal with [the defendant] next to the tent."  The officers then arrested the defendant and found "43 bags of heroin weighing approximately 20 grams along with 14 bags of cocaine and $638 in U.S. currency."

Police are only allowed to arrest a person when they have developed "probable cause."  Probable cause is that amount of evidence that would lead a reasonably prudent person to believe that a crime has occurred.  Cases like this one -- where police make an arrest based on nothing more than observing hand to hand transactions -- are dealt with in court by analyzing what the courts call the 'silent movie.'  Basically, the court looks at each movement the officer observed and determines whether, when they are all put together, there is probable cause to arrest.

Usually, the problem for the officers is that they have no way of saying what was being exchanged.  That is, even if the officers can be credited with having seen a hand-to-hand transaction, there is no way for them to say they saw whether it was for a bag of white powder, or a phone, or fresh fruit (for instance). 

If the court finds that the police officer's observations are equally consistent with innocent activity, the arrest is thrown out, along with all the evidence that came from it. In this case, that would mean the heroin and cocaine found on the defendant would be excluded from evidence, and the case would have to be dismissed.

He could also get the $638 back.

Call now for a free confidential consultation if you, or anyone you know, needs the help of an experienced criminal defense attorney.