On September 25, 2014, the Boston Herald reported Gary L. Bond of Haverhill, MA, was charged with a variety of drug offenses including trafficking cocaine. The story garnered a lot of media attention due to the fact Mr. Bond recently won $1 million dollars on a lottery ticket.
Setting the media attention to the side, a skilled Massachusetts Drug Trafficking Defense Lawyer will begin the defense of the case by focusing on the facts leading up to the arrest. According to the Herald article, the alleged drug seizure resulted from execution of a search warrant at Mr. Bond’s alleged residence.
An experienced Massachusetts Criminal Defense Attorney knows the affidavit that supported the application for the search warrant must establish probable cause. When a seizure of drugs, or any other item for that matter, stems from a search warrant the defendant has the burden to demonstrate the facts contained in the affidavit do not establish probable cause. In this case, it appears the affidavit alleged two controlled buys were conducted between the defendant and a confidential informant (CI). A thorough defense attorney will determine if the affidavit established the necessary elements to find probable cause, that is, the basis of knowledge and the veracity of the CI. If the answer is yes, the next inquiry would be to examine the location of the alleged sales as well as the dates of the alleged sales. These facts are important in establishing whether there is a timely nexus between the drug sales and the location to be searched. The nexus element can be tricky. An experienced Massachusetts Criminal Defense Lawyer will need to examine the facts to find the potential weaknesses in the nexus.
MASSACHUSETTS COCAINE TRAFFICKING DEFENSE FIRM
Massachusetts Drug Trafficking Defense Attorney Jeff Miller has successfully represented clients charged with drug offenses including drug trafficking. In Massachusetts, Drug Trafficking Laws require mandatory minimum state prison sentences based on the drug and the weight of the drug. CLICK HERE to read about cases where Attorney Miller has successfully represented clients charged with drug crimes. If you have been charged with Trafficking Cocaine in Massachusetts or any other drug crime, contact Attorney Jeff Miller at 617-482-5799 to schedule an appointment.