DRUG TRAFFICKING
MIDDLESEX SUPERIOR COURT
CRIMINAL CHARGES ALLEGED:
1. Trafficking in Cocaine; more than 28 grams
2. Possession of Cocaine with the Intent to Distribute
3. Drug Possession; Class B
4. Drug Possession; Class C
5. Drug Possession; Class D, Subsequent Offense
CASE DETAILS:
The defendant’s wife notified the local police department that she believed her husband was involved in the sale of illegal narcotics. Detectives and additional members of the drug control unit maintained open channels of communication with the defendant’s wife, while they conducted a thorough investigation that involved informants and surveillance of the defendant.
The day of the seizure, the defendant’s wife indicated to the investigating detectives that she possessed physical evidence that confirmed her suspicions of her husband’s involvement in the illegal sale of drugs. She told the officers to come to their residence so that they could seize the illegal drugs and conduct a search of the premises and the defendant’s automobile.
Both the defendant and his wife were present at their residence when the police arrived to conduct the search. The defendant’s wife provided verbal consent to a search of their home. Additionally, she signed a written consent form authorizing the search.
The officers found a large quantity of cocaine and related paraphernalia in the defendant’s home. Further, officers seized quantities of marijuana; Xanax; and, Oxycodone as a result of searches conducted upon the defendant’s residence, person and automobile.
Criminal Defense Lawyer filed a Motion to Suppress evidence, challenging the searches conducted upon the defendant’s person, home and automobile. More specifically, Massachusetts Criminal Defense Lawyer argued that the investigating officers failed to obtain valid consent to conduct the aforementioned searches. Further, the Criminal Defense Lawyer successfully argued that the warrantless searches conducted upon the defendant’s person and property violated his constitutional rights, and any evidence obtained there from should be suppressed accordingly.
NAME OF CASE:
Withheld.
CASE RESULTS:
The Middlesex Superior Court allowed the defendant’s motion to suppress all of the evidence seized pursuant to the searches of the defendant’s person, residence and motor vehicle. The Assistant District Attorney was forced to enter a Nolle Prosequi because after the Criminal Defense Lawyer successfully argued the motion to suppress evidence, the Commonwealth no longer had sufficient evidence to proceed. Accordingly, the charges were dismissed prior to trial.
CRIMINAL DEFENSE LAWYER:
Francis T. O’Brien, Jr. (Of Counsel), O’Brien Law Boston, Boston
CRIMINAL LAWYER CASE KEYWORDS:
Drug Defense, Drug Trafficking, Motion to Suppress Evidence, Charges Dismissed, Nolle Prosequi
CONTACT A BOSTON CRIMINAL DEFENSE LAWYER:
Francis T. O’Brien is one of the top Boston criminal defense lawyers. He can assist you in your criminal defense for Drug Trafficking. He has helped many defendants avoid convictions in all areas of criminal law.
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