Drug Case Results

Boston Municipal Court
Roxbury Division

Possession of Class A substance

The Drug Control Unit observes the client approach a known drug dealer and exchange items with him. Based on the experience and training of the police officers, they believe they had witnessed a drug transaction. Police approach the client and the client admits he purchased heroin from the other man. The client is arrested. Boston Drug Defense Attorney Jeff Miller prepares his defense.

Result: Roxbury Drug Defense Attorney Jeff Miller persuades the Commonwealth to dismiss the case. Case dismissed, no drug conviction. The client avoids committed jail time, probation and a driver’s license suspension.

Chelsea District Court

Possession with Intent to Distribute Heroin

The client was charged with Felony Possession with Intent to Distribute a Class A substance, to wit: heroin. A police officer was surveilling the client’s residence and observed the client walk out of the house in the direction of another man who was known to police as a drug user. The officer observed the client reach into his pocket and pull his hand out in a clenched fist. The officer grabbed the client by the arm before he met with the other man. The other man stated that he had come to the area to “cop.” The officer knew from his training and experience this meant to but drugs. Chelsea, MA Drug Suppression Attorney files a motion to suppress.

Result: After full evidentiary hearing the Motion to Suppress is ALLOWED.

Chelsea District Court

The client was charged with Distribution of a Class C substance. On the day of the scheduled trial, the case was dismissed because the prosecutor was not ready. The prosecutor applied for another complaint on the same case. A notice to the client for a summons arraignment. The summons is returned as undeliverable as addressed. The prosecutor does not request a warrant. Approximately two years later, the client is arraigned on the new complaint. Boston, MA Criminal Defense Attorney Jeff Miller files a Motion to Dismiss based on a Speedy Trial violation.

Result: After hearing Motion to Dismiss is ALLOWED. Case dismissed.

Boston Municipal Court
Roxbury Division

The client was charged with Felony Possession with intent to distribute a Class A substance, to wit: Heroin. Members of the Boston Police Drug Control Unit were working in the Humbolt Avenue area of Roxbury in an undercover capacity. Officers observed the client driving on Humbolt. While stopped in traffic, officers observe a man known to them for being involved with “firearms” enter the passenger seat. Officers follow the client and see him drop the man off after a short-period of time. Officers follow the client and see another man enter his car for a short-period of time and then exit. Officer believe their observations are what they characterize as a “meaningless ride.” They stop the client’s car and search him. They seize what is alleged to be heroin inside his pants. Boston Drug Suppression Attorney Jeff Miller files a Motion to Suppress the evidence as the search was unconstitutional.

Result: After hearing, the Motion to Suppress is ALLOWED.

Chelsea District Court

The client was charged with possession of Oxycodone. According to police, officers were surveilling an area known for drug activity in the City of Chelsea, MA. Officers were parked in a car in plain clothing. They observed the client drive into a parking lot and back into a space approximately two cars from the police officers. A short-time later, officers observed another car pull into the lot and park next to the clients’ car. The client exited the car and walked over to the front passenger seat of the second car. Officers observe some sort of exchange and the client exists the car a short-time later. The client returns to her car. A police officer approaches her car, knocks on the window and immediately asks her what she “just bought.” Fearful, the client did not answer. The officer asked her a second time. She stated she had purchased drugs. The officer ordered her to give him what she bought. Boston drug Defense Lawyer Jeff Miller prepares a motion to suppress the drugs and a motion to suppress her statements.

Result: After a hearing on the motion to suppress, the Motion to Suppress the statements is ALLOWED. After hearing, the Motion to Suppress the drugs is ALLOWED. Case dismissed.

Boston Municipal Court
Roxbury Division

The client was charged with possession with intent to distribute a class D substance. The Commonwealth alleged the police were in the stairwell of a housing project. The police heard voices and smelled burnt marijuana in the staircase above them. The police went up the steps and allegedly observed the client place a digital scale in a firebox. The officer also observed the end of a plastic bag sticking out of the client’s sweatshirt pocket. The officer observed a green leafy vegetable-like substance inside the plastic bag. The officer seized the bag from the clients’ pocket and placed him under arrest for possession with intent to distribute a class D substance. Boston Marijuana defense lawyer Jeff Miller prepares a motion to suppress the evidence arguing there was no evidence to infer the weight of the marijuana exceeded one ounce. Additionally, Attorney Miller files a motion to have the drugs present at the time of the hearing.

Result: After several continuances at the request of the Commonwealth, the client has his case continued without a finding for 3 months. No conviction, No loss of driver’s license.

Chelsea District Court

The client was charged with Possession of a Class B substance, to wit: cocaine.  The police alleged they observed the client purchase what they believed to be narcotics from another man in a parking lot.  The client had no previous criminal record.  The client’s job required him to drive and he could not afford to lose his driver’s license.  I addition, probation would have been cumbersome due to his work schedule.  Chelsea Drug Possession defense lawyer Jeff Miller negotiates with the Assistant District Attorney to craft a disposition that would allow the client to continue working and not affect his license status.

Result:  The Assistant District Attorney agrees to pretrial probation period of six months. No admission of guilt.  No loss of driver’s license.  If the client avoids any further trouble for six months, the case will be dismissed.

Boston Municipal Court
Roxbury Division

The client was arrested on a warrant for another case in another court.  While being arrested, police seized 10 crack rocks from the clients’ pocket.  The client is charged with Felony possession with intent to distribute a Class B substance and doing so within “1000 feet of a school.”  No school is referenced in the police report.  Also, in August 2012, Mass. Gen. Laws ch. 94C, Sec. 32J was amended to reduce the distance from 1000 feet to 300 feet.  Boston, MA Drug Defense Attorney Jeff Miller files a motion to dismiss the school zone count.

Result:  After hearing, Motion to Dismiss School Zone Count is ALLOWED.  The mandatory minimum sentence of two years in the House of Correction is off the table.

Chelsea District Court

The client was charged with Felony Distribution of a Class B substance, and doing so within 100 feet of a public park.  The Client was also charged with conspiracy to violate the drug laws.  The park zone violation carries a mandatory minimum sentence of two years in the House of Corrections.  The Commonwealth alleged an undercover police officer approached the client in an attempt to buy crack cocaine.  The undercover officer accompanied the client to his apartment.  Allegedly, the client made a phone call in an attempt to procure crack cocaine.  The client left the apartment stating he would return with the crack cocaine.  Outside the apartment, other undercover officers observed the client enter a car and exit a short-time later.  While walking back to the apartment, the client walked “within 100 feet of a public park.”  The client returned to the apartment, the point of distribution, and sold the crack cocaine to the undercover officer.  Boston Drug Defense Attorney Jeff Miller researches the law on park zone violations and conspiracy.  Attorney Miller files a Motion to Dismiss the park zone and conspiracy charges.

Result:  On the day of the hearing, the Prosecutor concedes the motion.  The client successfully avoids a mandatory minimum sentence of two years in the House of Corrections.

Chelsea District Court

The client was charged with, inter alia, Felony Possession with Intent to Distribute Crack Cocaine.  The government alleged the client was in possession of eight plastic bags of crack cocaine.  The police seized the crack cocaine from the client based on the following observations.  The police observed the client talking to a “known drug user.”  The officer testified he observed the client make a “handshake gesture” with the “known drug user.”  The encounter was otherwise nondescript.  Believing they had witnessed a “hand-to-hand” drug transaction.  The police approached the client and observed the clip of what the officer believed to be a knife on the clients front pocket.  The police conducted a pat-frisk and seized the alleged drugs from the client.  Chelsea Drug Suppression Defense Lawyer Jeff Miller files a Motion to Suppress based on an illegal pat-frisk.

Result:  After hearing, Motion to Suppress ALLOWED.  Case Dismissed.

Chelsea District Court

The client is charged with conspiracy to violate drugs laws and knowingly being present where heroin is kept.  The Commonwealth alleged the client was involved in an attempt to purchase heroin from undercover law enforcement agents.  The Commonwealth provided limited discovery into the events giving rise to the arrest.  Chelsea Ma. Drug Defense Attorney Jeff Miller files several discovery motions seeking production of necessary information to prepare the defense.  A slow trickle of discovery documents suggested a Federal investigation.  Drug Defense Lawyer Jeff Miller files supplemental discovery motions.

Result:  After two compliance dates, the Commonwealth is unable to provide the requested discovery.  Case Dismissed.

Chelsea District Court

The client was charged with possession of heroin.  The Police observed a car make a civil infraction.  The client was a passenger in the car.  The Commonwealth alleged heroin was seized from the purse of the client during a traffic stop.  The client stated the driver of the car placed the heroin inside her purse when police stopped the car.  Chelsea Drug Possession Lawyer Jeff Miller prepares for trial.

Result:  Case dismissed on the day of trial.

Boston Municipal Court
Roxbury Division

The client was charged with possession with intent to distribute marijuana and trespassing.  The Commonwealth alleged Police observed him in the lobby of a housing development.  The police approach the client and search him.  The police allege 10 small plastic bags of marijuana are seized from the clients pockets.  Boston Marijuana Criminal Defense Attorney Jeff Miller prepares a motions to suppress.

Result:  On the day of the motion hearing, the Commonwealth converts the case to a civil offense and the client is fined $100.  Trespass charge dismissed.  The client has no criminal records from this case.

Boston Municipal Court
Roxbury Division

The client was charged with Felony Possession with Intent to Distribute a Class B substance.  The client was a passenger in a car that was stopped for a motor vehicle infraction.  Two police officer approach the car, one on the driver’s side and the other on the passenger side.  The Officer orders the client from the passenger seat of the car and searches him.  The search results in the seizure of one 7 gram crack cocaine rock from a cigarette pack in the client’s pocket.  Boston Drug Defense Attorney Jeff Miller prepares a motion to suppress based on an unlawful exit order.  The case is scheduled for motions and trial.

Result:  On the day of motions and trial, the prosecutor answers not ready and requests a continuance.  Roxbury Drug Defense Lawyer Jeff Miller objects and moves for dismissal of the case.  Case dismissed over the objection of the prosecutor.

 

Chelsea District Court

The client was charged with possession of Class A and Class C.  The client approached a police officer and informed him her car was missing.  The officer radioed dispatch to see if her car had been towed.  It had not.  A few minutes later the officer observed the client chasing a car on foot.  The officer radioed dispatch and several other officers stopped the car.  The client and another man were ordered from the car.  A subsequent search of the car resulted in the seizure of illegal narcotics.  Chelsea Drug Defense Lawyer Jeff Miller files a motion to suppress challenging the search of the car.

Result:  After hearing, Motion to Suppress is ALLOWED.  Case dismissed.

Boston Municipal Court
Roxbury Division

The client was charged with Possession with Intent to Distribute a Class D Substance.  The police observed the client sitting in a legally parked car with the windows slightly cracked. As police approach the car, they smell the odor of “burnt” and “raw” marijuana.  The client produces a valid license and registration.  Next, POlice order the client from the car.  A subsequent search of the car results in the seizure of 10 small plastic bags of marijuana from the car door storage area.  Roxbury Drug Defense Lawyer Jeff Miller prepares a motion to suppress based on an illegal exit order.

Result:  On the day of the motion hearing, the prosecutor moves to dismiss the case.

Chelsea District Court

The Client was charged with unlawful Possession of Ammunition and Knowingly Being Present where Heroin is Kept.  The Commonwealth alleged the client drove to an area and dropped his friend in an attempt to pick up heoin.  A Police Officer approached the car and inquired.  After arresting the client for the drug offense, the Officer seized two shotgun shells from the car.  The cleint was not a Massachusetts resident.  The client lived in a bordering state where no FID car was required.  Chelsea, MA Ammunition Defense Attorney researches the statute and finds an exception to the charge.

Result:  Case Dismissed on the day of trial.

Chelsea District Court

The client was orginally charged with multiple counts of drug trafficking.  After further analysis, the weight of the alleged drugs was insufficient for trafficking.  The charges are reduced to Felony Possession with Intent to Distribute.  The client was stopped by a State Trooper for having an “excessively loud” exhaust system on his car.  Chelsea Drug Defense Attorney Jeff Miller begins preparing the defense on the day of arraignment.  Suffolk County Drug Defense Lawyer Jeff Miller gathers information about the car’s inspection.  Chelsea Drug Defense Lawyer Jeff Miller interviews the mechanic responsible for inspecting the car for the last two years.  Attorney Miller prepares for the motion to suppress the drugs seized from the unlawful search.

Result:  After two day hearing, Motion to Suppress ALLOWED.

Boston Municipal Court
Roxbury Division

The Client was charged with Felony Drug Distribution of a Class A substance.  Additionally, the client was charged with Drug Distribution in a school zone, facing a mandatory minimum of two years in jail.  Roxbury Drug Defense Lawyer Jeff Miller files extensive discovery motion seeking discovery relating to the Hinton Lab Scandal.  The Judge allows the motion.  Boston Drug Defense Attorney Jeff Miller prepares the case for trial.

Result:  On the day of trial, case dismissed.

Boston Municipal Court
Central Division

The Commonwealth alleged the client was in possession of a Class A substance; to wit heroin.  At the time of the incident, the client was incarcerated at the Suffolk County House of Corrections.  Massachusetts Drug Defense Attorney Jeff Miller files a discovery motion for the drug analysis.  Attorney Miller reviews the drug discovery and finds the testing chemist is one under indictment for alleged misconduct at the Hinton Laboratory.  The drug analysis was inconsistent with the reported result.  Drug Charge Defense Attorney Jeff Miller prepares for trial.

Result:  On the day of trial, the prosecutor enters a Nolle Prosequi ending the prosecution of the client.

Boston Municipal Court
Roxbury Division

The client was charged with Felony Possession of a Blass B substance with the Intent to Distribute and doing so within 1000 feet of a school.  The client was facing a mandatory minimum sentence of 2 years in the house of corrections.  The Commonwealth alleged undercover police officers observed 3 men huddle together in a parking lot and exchange some unknown item.  The officer followed 2 of the men to a local Laundromat.  The officer testified he observed the client exchange an item with an unknown female.  The officer also provided a detailed description of the woman and her movements while inside the Laundromat.  The officer also testified he observed a knife in plain view in the client’s pocket before searching him.  The officer performs a protective pat-frisk which produces a number of crack rocks.  Roxbury Possession with Intent to Distribute Lawyer Jeff Miller investigates by visiting the laundromat the day after the incident.  Attorney Miller secures crucial videotape relating to the incident and introduces in evidence at the motion to suppress hearing.

Result:  After hearing, Motion to Suppress ALLOWED.  Case dismissed.

Boston Municipal Court
Central Division

The defendant is charged with Felony Possession with Intent to Distribute a Class B substance and doing so within 1000 feet of a school.  The school zone carries a mandatory 2 year sentence in the House of Correction.  The government alleged the defendant was a passenger in a car when and undercover police officer entered the car to purchase drugs from the driver.  The driver handed the money to the defendant, who was seated in the front passenger seat.  Boston Drug Defense Attorney Jeff Miller works with immigration attorney and conferences case with prosecutor.

Result:  Pretrial probation, no admission, no conviction, no jail time.

Chelsea District Court

The defendant is charged with Felony Distribution of a Class A substance and doing so within 1000 feet of a school.  The government alleged police agents were involved in an undercover operation for several months.  On the day of the arrest, the defendant allegedly distributed a drug to another person who in turn transferred the drug to an undercover officer.  Chelsea, MA Possession with Intent to Distribute Lawyer Jeff Miller investigates the case and finds the school is no longer operable.  Drug Defense Attorney Jeff Miller files a motion to dismiss the school zone count.  The motion Judge ALLOWS the motion.  Attorney Miller files a motion to suppress.  After multiple motion dates the prosecutor requests another continuance. Attorney Miller objects.

Result:  Case dismissed with prejudice.

Boston Municipal Court
Dorchester Division

The defendant is charged with Felony Possession with Intent to Distribute Illegal Narcotics.  The government alleged the police were surveilling the defendant’s residence for drug activity.  The police observe two separate people enter the residence and exit a short time later.  Both individuals are stopped by police and in possession of narcotics.  Both state they just purchased the drugs from a man inside the house.  Police approach the house and enter without a search warrant.  Certain drugs and drug paraphernalia is seized from the residence. Dorchester, MA Drug Distribution Defense Attorney Jeff Miller files a motion to suppress.

Result:  After hearing, Motion to suppress is ALLOWED.  Case dismissed.

Chelsea District Court

The defendant is charged with Possession of a Class C substance.  The government alleged a police officer observed the defendant and his co-defendant sitting inside a parked car.  When the officer approached, the defendant bent down toward the floor.  The officer ordered the defendant from the car, searched him and the car and seized narcotics.  Chelsea, MA Evidence Suppression Attorney Jeff Miller files a motion to suppress.

Result:  After hearing, Motion to suppress is ALLOWED.  Case dismissed.

Chelsea District Court

The defendant is charged with multiple counts including possession of illegal narcotics and Felony Carrying a Dangerous Weapon.  The government alleged a police officer observed the defendant’s car to have an invalid inspection sticker.  The officer stopped the car and seized a variety of illegal contraband.  Suffolk County Suppression Attorney Jeff Miller files a motion to suppress challenging the scope of the search.

Result:  After hearing, Motion to suppress ALLOWED in part.  On remaining counts, client admits to sufficient facts and avoids conviction.

Boston Muncipal Court
Dorchester Division

The defendant is charged with Possession of a Class D Substance with Intent to Distribute, within 1000 feet of a school and possession of class D.  The government alleged they responded to a domestic violence call.  The caller informed police the defendant, an old boyfriend, was sitting in front of her house in a car.  The caller provided a description of the car and informed police he may have a gun.  Upon arrival, the police remove the defendant from the car and search the car for weapons.  During the search the police seize four pounds of marijuana.  Boston, MA Criminal Trial Attorney Jeff Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY of possession with intent and school zone violation.  Jury finds defendant guilty of simple possession of marijuana.

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