Published on:

Lt. Thomas Foye was recently indicted related to charges that he took drugs from narcotics locker at the police station.

He is charged with tampering with evidence, theft of drugs from a dispensary as well as cocaine possession.

Police department’s manner of logging in and warehousing evidence has long been criticized as overdue for better procedures to ensure chain of custody and security of the evidence.

Many evidence lockers and police departments merely require personnel to sign in to gain access to both pending and closed cases relevant evidence.

Rules of evidence require that any evidence, such as drugs, be kept in a fashion that it can be shown exactly who handled that specific evidence from the time it was discovered to the time of trial. This is what is referred to as chain of custody. This entails placing evidence in marked containers which are then initialed by the officers who did so and any other officer or personnel who later come into contact with this evidence. All this is done to ensure that the evidence remains as it was found.

Police departments have been criticized for having procedures which are lacking in preserving the security of evidence. With technological advances that exist today police departments should be required to have a better system to safeguard evidence in their possession
Related Article:

Ludlow officer facing drug charges suspended

Published on:

Early this morning while cleaning a large shucking machine, Mr. Gerena became entangled in a rotary turbine engine. The fire department had to partially dismantle the machine to free Mr. Gerena, he was pronounced dead at the scene.

An investigation has been opened by the occupational safety and health administration (OSHA); investigators interviewed witnesses and gathered information this morning. The investigation is expected to take several weeks.

This is a tragic accident which should have been avoided. Safety standards and training are required when operating and cleaning heavy machinery.

Attorney Frank Fernandez is currently involved with a similar case in which his client was killed in a food processing plant while cleaning a large machine used to stir hummus.

The occupational safety and health administration requires that these machines be cut off from their power supply for cleaning and that those who handle or clean the machinery receive training for safety and maintenance.

This is an awful tragedy which most likely could have been avoided. Exactly what took place and who is at fault will be determined after the investigation.

Attorney Frank Fernandez speaks Spanish and is a Boston attorney serving the Latin community in cases of negligence, wrongful death, personal injury and criminal defense. Feel free to call Mr. Fernandez, a Boston lawyer, for a free consultation at 617-393-0250.

Related Article:

Man dies in shucking machine accident at New Bedford seafood plant

Published on:

Kate Corbett claimed to have a degree from Merrimack College in chemistry, her degree was actually in sociology. She claims that she was under the impression she had taken enough chemistry classes to also qualify for a chemistry degree. Although she is not accused of having falsified testing results it is clear that as early as August of this year she testified in establishing herself as an expert that she did have a bachelors in chemistry.

Those defendants who were convicted of a drug offense including drug trafficking and possession with Kate Corbett as the testifying chemist have grounds to file a motion for new trial based on misleading testimony related to her background.

There is no doubt that this will lead to further cases being appealed and potentially overturned.

Frank Fernandez is a criminal defense attorney who deals with drug offenses including drug trafficking, possession with the intent to distribute and federal conspiracy drug offenses. Feel free to call for free consultation 617-393-0250.

Published on:

The new law which makes it legal to possess an ounce or less of marijuana for personal use has left many confused as to what is legal when it comes to possessing or using marijuana. Possession of any amount of marijuana with the intent to distribute is still a crime. Growing marijuana in any amount is still a crime. Possession of drug paraphernalia, such as a pipe, grinder or any other type of smoking device when possessed with marijuana is still a crime.

The supreme judicial Court has recently decided a some cases which help clarify some gray areas that existed.

The first case involved the police searching the backpack of a young man after witnessing him share a marijuana joint with others in public. The District Attorney’s Office argued that the police had the right to search the backpack without a warrant based on their observations of him sharing marijuana with others. The Supreme Court ruled the search of the backpack without a warrant was illegal. The ruling makes it clear that sharing a joint with others is not considered distribution of marijuana and that such an offense is merely a civil infraction which does not open the door for the police to search a person or his property further. So this means that police are limited in their ability to search when encountering a civil marijuana infraction. As a side note approximately 23 grams of marijuana was found in the backpack which is less than an ounce, but the marijuana was packaged in ten small baggies leading the police to charge possession with the intent distribute. Evidence used by police to prove intent to distribute is usually the amount of drugs, manner in which it is packaged, large amounts of currency or cell phones/beepers, scales, baggies or any other evidence of distribution.

In another ruling the S JC ruled that the police did not have the authority to search a vehicle based on the occupants smelling like marijuana and finding a small amount of marijuana on their person. So like the first case discussed police are restricted from searching the vehicle based solely on a civil infraction related to marijuana. The district attorney argued that this case was different from the first in that the police should be allowed to search further to make sure that the crime of driving under the influence of drugs is not being committed. The Supreme Court refused to delve into this specific issue since the district attorney did not argue and preserve the issue in the lower court rulings. Driving under the influence of marijuana still may be charged as a criminal offense if ones driving is impaired. If police believe someone is under the influence of drugs while driving, including marijuana, they will most likely be able to further investigate and search a vehicle without a warrant.

Frank Fernandez is a Boston criminal defense attorney who offers free consultations. As a Boston criminal lawyer his firm handles all types of criminal cases including drug offenses in both State and Federal Court. Feel free to call for a free consultation 617-319-6652.

Related Article:

SJC rules ‘social sharing’ of marijuana is not distribution; issues series of rulings clarifying pot law

Published on:

On December 17 female entered a secondhand clothing store and threatened the cashier with a syringe if she did not receive all the cash in the drawer.

This happened at a store called second time around located on Newbury Street.

On December 29 police officers spotted the woman who was suspected of having committed this robbery in the South End of Boston in the area of E. Berkeley St. and Shawmut Avenue. Her name is Sheila King and she now faces charges of armed robbery.

Armed robbery can be committed with more than just Gun. Any weapon which can cause harm if used during a robbery can lead to an armed robbery charge.

Frank Fernandez is a Boston criminal lawyer who has represented clients charged with armed robbery, receiving stolen property, larceny over $250 as well as a variety of other theft related charges.

To speak with a criminal attorney in Boston about your specific situation please call 617-393-0250 for a free consultation, please visit our website for more information

Published on:

A Boston paramedic has pleaded not guilty to stealing painkillers and sedatives which he allegedly took from ambulances that he worked in. Benoit was charged with 73 counts of stealing drugs in Suffolk Superior Court. It’s alleged that during the summer of 2011 painkillers and sedatives intended for patients were taken from ambulances and in some cases replaced with other types of liquids.

Cases like these are treated seriously in that there is a breach of trust and especially when it involves the medical field and the treatment of patients.

Charges of larceny or stealing as well as possession of painkillers or sedatives are cases that are routinely handled by the criminal law office of Frank Fernandez. Mr. Fernandez is a Boston criminal defense attorney who is happy to answer any questions related to your specific criminal drug or larceny case and can be reached at 617-393-0250.

Published on:

A state drug lab responsible for testing illegal drugs seized from defendant’s was closed because of mishandling of evidence by chemists.

Thousands of cases both pending and closed can be affected by this misconduct. It appears at least one chemist falsified data related to drug analysis and testing which calls into question the results of drug tests related to thousands of cases.

Defendants convicted and serving sentences for drug related cases have reason to file motions to vacate and reopen their cases. All types of cases involving drugs such as heroin, cocaine, as well as many other street drugs may have been compromised because of this breach.

In drug trafficking cases the Commonwealth must not only prove that the substance is actually an illegal drug but that the weight is actually a trafficking amount.

Frank Fernandez is a criminal defense lawyer who practices all over Massachusetts and represents clients in all types of drug cases in both state and federal court including possession with intent to distribute, trafficking and possession for personal use involving cocaine, heroin and all other types streak narcotics.

There is no doubt that the closure of this state drug lab will affect thousands of cases. For free consultation by Boston criminal defense lawyer as to your specific situation and how it may be effective please feel free to call Frank Fernandez at 617-393-0250.

Related Article:

Drug lab cover-up allegations eyed

Published on:

Possession of less than an ounce of marijuana in Massachusetts for personal use has been decriminalized since 2008. To possess less than an ounce of marijuana for personal use is now a civil offense and would subject you to $100 fine.

Possession with the intent to distribute marijuana or the sale of marijuana is still considered illegal. Just today the Supreme Court of Massachusetts decided a case which involve less than an ounce of marijuana in relation to a charge of possession with intent to distribute. The accused in this case was found to be in possession of a few baggies of marijuana totaling less than 6 grams. A District Court judge dismissed the case based on arguments that the decriminalization of less than an ounce of marijuana also applied to possession with intent distribute less than an ounce of marijuana. Prosecutors appealed the case and now the Supreme Court of Massachusetts has agreed with the Commonwealth in that possession with intent to distribute marijuana no matter what the amount is still a criminal offense.

Frank Fernandez is a drug crimes lawyer Massachusetts. Boston criminal drug offenses ranging from hundreds of kilos of cocaine in federal court to possession of cocaine for personal use are matters in which Frank Fernandez has years of experience litigating.

It is important to understand that although possession of marijuana for personal use has been decriminalized as long as it is less than an ounce a person can still be charged with the intent to distribute if there is any evidence which would show intent to sell.

The type of evidence used to prove the intent to distribute are things such as the manner of packaging, whether the drugs are in small multiple baggies; whether the person has a large amount of cash on them, or multiple cell phones or pagers, scales or packaging like plastic baggies.

Although possession of marijuana for personal use is not a crime is still a crime to possess. Finale such as a glass pipe or a dugout, a small wooden box used to hold a small amount of marijuana and a metal cigarette to smoke it with
A drug crimes lawyer in Boston, Frank Fernandez is available for a free consultation, contact him directly at 617-393-0250.

Related Article:

Mass. high court rules marijuana dealing charge is valid even when alleged dealer only possesses a small amount

Published on:

On December 29, 2011 Salem Massachusetts a young couple was an argument while driving down Federal Street witnesses say the man began to beat his 18-year-old girlfriend in the car. When someone approached the vehicle to help the young woman tried to exit the car and got her legs stuck on the seat the driver took off dragging his girlfriend 400 feet down the road.

The woman eventually broke free the man drove over her left arm breaking it. Soon police found the woman with visible injuries on her face and road rash on her right side, her left arm was broken.

Salem police were able to identify the boyfriend is Daniel Rodriguez, 22, of Jamaica Plain Boston. They are currently trying to find him.

Frank Fernandez is a Boston criminal lawyer who handles assault and battery cases. Domestic assault and battery in Boston is a problem which is treated seriously by the police and the Commonwealth. If you’ve been the victim were charged with assault and battery, domestic or not or have been charged with assault and battery with a dangerous weapon feel free to call for a confidential consultation.

Speak now with a Domestic assault and battery lawyer in Boston and receive a free consultation.

Related Article:

Salem police seek Boston man accused of beating girlfriend, dragging her from car

Published on:

Alfredo R Posada, 22, of Somerville was held without bail in Somerville District Court pending a dangerousness hearing to be held on Tuesday. Posada is charged with one count of assault to rape and two counts of indecent assault and battery.

It’s alleged that Posada groped three women in late-night attacks in Somerville. He is said to have followed each woman before attacking them from behind, each woman was walking alone at the time.

Frank Fernandez is a Somerville criminal defense attorney who handles sexual assault cases

At least six such attacks have been reported in Somerville since September. Officers from Cambridge, Medford, Tufts University, Somerville, the FBI and MBTA transit police have all been jointly working together in search for a suspect of these assaults.

Somerville police were patrolling in the Davis Square area Thursday when they observed Posada following three women the police took him into custody at that time and a police lineup was performed later that nigh. Posada was identified by three victims as the person who allegedly had assaulted them.

It was mentioned in the arraignment that Posada suffers from schizophrenia.

Frank Fernandez is a Boston criminal defense attorney who represents people charged with sexual offenses such as assault with intent to rape and indecent assault and battery. Feel free to call for a confidential consultation.

Related Article:

Somerville man arraigned for three sex assaults