Commonwealth v. Nichols arose when two police officers trained in drug crimes went undercover to patrol a section of Boston. The officers had received multiple drug-related complaints for that neighborhood, which was already known to the police for its drug activity. The officers saw a man (Kyle Brito) on his…
In Commonwealth v. Ortiz, the defendant appealed from a second conviction of cocaine possession with intent to distribute within 100 feet of a public park or playground in violation of MGL chapter 94C, § 32A(c). He filed a motion to suppress on several grounds, including that the Commonwealth’s substitute chemist had not…
In Commonwealth v. Rodriguez, a Massachusetts appellate court considered a case involving a conviction for possession of heroin with intent to distribute in violation of MGL c. 94C, § 32(a) & (b). The case arose when a state trooper and sergeant were waiting outside an address in Brockton. The state trooper…
In Commonwealth v. Dominguez, a Massachusetts Appeals Court considered a drug distribution case. The defendant, Jose Dominguez, was convicted of distributing the class B substance of cocaine, which is a violation of MGL c. 94C, § 32A(b), and doing so in a school zone, thereby violating MGL c. 94C, §…
In Commonwealth v. Stampley, a Massachusetts defendant appealed from a jury conviction under G.L. c. 94C, § 32C(a) for possession of marijuana with intent to distribute. He argued that the evidence was not sufficient to show he had intent to distribute. The case arose in the evening when the defendant…
Trafficking in heroin in Massachusetts is prohibited by Section 32E of the Controlled Substances Act. Often, attorneys must defend a drug crime like this one by using a motion to suppress evidence. In Commonwealth v. Alix, the defendant appealed from a conviction for possession with intent to distribute heroin and…
In Commonwealth v. Jovani A. Garcia, the defendant was charged with possession with intent to distribute crack cocaine. Two detectives were doing undercover surveillance in a “high crime area” at the prompting of neighbor complaints. One detective was in an unmarked vehicle, while another was near a residential building. A…
It is a felony to distribute or possess with intent to distribute a controlled substance in Massachusetts, if the substance falls into class A, B, or C. Distribution or possession with intent to distribute a controlled substance that falls into class D or E is a misdemeanor. Class B drugs…
In Commonwealth v. Martin, a Massachusetts court considered a drug case in which a defendant filed motions to withdraw four guilty pleas related to 30 drug offenses. The case arose during the investigation of the defendant’s boyfriend. Contraband was discovered in the defendant’s car, a search warrant was executed at…
In the recent case Commonwealth v. Thompson, a Massachusetts court considered the conviction of a man charged with selling cocaine in a school zone. While the man’s appeal was pending, the statute related to school zone drug crimes was amended to reduce the radius of the area that is considered…