Legal Question in Criminal Law in Massachusetts
drug and firearms charge!
On Aug9,2006 my home was raided by a Drug Task Force. My name is not on the search warrant nor is it in the police report. I was arrested and they found a 14 year old for a fine and detained me for 15 days while my family was trying to raise $2000 bail. I was taken from my children and treated like dirt. The charge was possession of cocaine w/ intent also a gun that I knew nothing about! there was also marijuana in the house. My name is nowhere on the search warrant or any police reports my fiancee' and his mother admitted that I had no knowledge. My fiancee' was addicted and the gun belonged to his mother's deceased husband. There was no ammunition in the house at all and the gun was tucked under a 15-inch mattress. My public defender wants me to plead out but hasn't told me what they want to give me(I don't want to lose my children for something I didn't do). I am afraid to go to trial in case of being found guilty and going to Jail! My fiancee is currently being held and again has told his attorney that I had nothing to do with any of it. My question is should I see what the plea bargain is or should I try my luck at trial? What type of questions can I put to my attorney that will help me to decide what's best.
1 Answer from Attorneys
drug and firearms charge!
You raise a complicated set of legal issues. Your fear is normal under these corcumstances. I am not sure that all of the matters you have raised can be answered in this response.
Basically, your name does not have to appear in a search warrant. A warrant is to search an area, and generally permits the search of the people within this area. Mere presence in an area where certain drugs or gunds are found is not enough to convict. More than that has to be proven.
For each charge, thee are jury instructions that detail what the burde n of proof is.
A review of the documents such as the police report, search warrant, return of the warrant, and if this matter is in superior court, the grand jury transcript. One would also have to know other information including what has transpired in court between the time of the arrest and the present.
Without this, another opinion cannot be legitmately given.
You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.
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