July 22, 2015

Malden District Court


After viewing what she perceived as suspicious drug activity, an officer of the Malden Police Department pulled her vehicle into a nearby spot so she could observe the situation.  The officer’s observations were validated by what she then saw.  Client, parked in a quiet neighborhood, exited his vehicle and proceeded out of the officer’s line of site.  At the same time a black Dodge Charger with heavy tint headed in that direction and out of view.  Moments later the Dodge reappeared and exited the area as Client too, reappeared at his vehicle.  Officer approached Client to investigate what she believed to have been a drug transaction.  Client, a quiet, soft spoken individual wrongfully believed that honesty is the best policy.  He told the officer everything, that he had drugs in his shoe, in the glove box and even the armrest of his truck.  He was arrested at the scene and charged with possession.  The occupants of the Dodge were never apprehended.

A Massachusetts drug lab analyzed all of the drugs which tested positive for heroin, suboxone and cocaine.  After an unsuccessful suppression hearing where Attorney attacked the stop, and at the request of Client who did not wish to proceed to trial, Attorney was able to obtain a plea deal.  A disparate plea was tendered and the judge after hearing about Client’s sobriety and unique situation, accepted the Lawyer’s recommendation of a 6 month CWOF over the 1 year the ADA requested.  Client was able to return to his home, where he had been living upstate, with his family.  He was granted unsupervised probation and told to remain drug free while he continued the counseling he had been so active in since the beginning of the case.  Client continues to live and work upstate.