Legal Question in Criminal Law in Massachusetts

Question about Drug Charge

My brother is being charge with 1 count of ''Distrib of controlled sub'' The arresting officer which is the only eye witness in this case wrote in his report From approximately 3 parking spots inside his unmarked cruiser he saw a girl parked her car next to my Bro then enter the passenger side of his vehicle''The officer had no prior knowledge about them'' Once inside the vehicle it appears an hand to hand exchange took place The girl got back to her car then drove away from the parking lot, this all happen in approximately 2 mins from start to finish. The officer admitted he couldn't see the item being exchange nor any money/drugs and he had not received any ''tips'' or complaints. The girl was pull over about 2 mins after she left the lot and a small amount of drugs was recover inside her vehicle's compartment My Bro was stopped and searched while he was still inside the lot, they found $100 cash in his pocket but no drugs. Now the DA wants to bring my Bro's case to trial and all they have are the drugs from the girl's car,the $100 cash and the officer. The girl's case will be dismiss if she stays out of trouble for 6 months She will not testify in court. My question is do you think they have a strong case against my brother?


Asked on 3/19/08, 1:11 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Question about Drug Charge

I assume that your brother has a criminal defense attorney. The strength of a case can not evaluated by a police report alone.

If you have more specific information, I can provide a more specific answer; so please contact me.

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Answered on 3/19/08, 1:26 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Question about Drug Charge

I have a case right now involving almost identical facts. Based on your limited description, and depending on what charges have been brought against your brother, he probably has a good trial defense. Most juries would hesitate to convict a defendant for drug possession, distribution, etc., where he had no drugs on him, especially if there is no other evidence like paraphenailia, etc indicating distribution.

Also, the DA may not be able to force the girl to testify at trial. Without her testimony, the defense is even stronger.

But to have any real chance at trial at all, your brother needs to have a lawyer. Feel free to contact me directly. As I say, I have almost this exact same case right now.

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Answered on 3/19/08, 3:41 pm


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