Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

A Search Warrant Results In Drug Arrest And Trouble For a Boston-Area Family

Do you think the nightmare cannot find its way to your house? A Natick couple, who happen to be attorneys themselves, are learning that it can come to anyone’s door. The nightmare of which I speak is the criminal justice finger of accusation. The parents are well-known respected lawyers in the Boston area. Their son has been accused of selling marijuana.

That might be bad enough. But the couple’s 20-year old son (hereinafter, the “Defendant”), according to court documents, instead of offering up friends as co-defendants, has offered up mom and step-dad to the authorities. He claims that they knew about his drug business and failed to stop it. They have, as one might expect, denied the allegations.

The Defendant was arrested last Friday after Natick police served a search warrant at his family’s home. Police say that they found 15 bags of marijuana, a scale and other paraphernalia, and three weapons: a shotgun, a set of brass knuckles, and a double-edged throwing knife.

According to a police report, the Defendant told officers that his stepfather helped him build a grow room for the marijuana and shared in his drug dealing profits. He also alleged that his mother instructed him to burn marijuana he had before calling police about a shooting at the family home on July 31.

According to the police report, detectives started investigating the Defendant after he was shot in the hand during a home invasion reported July 31.

The Defendant was arraigned Tuesday on charges of possession of marijuana with intent to distribute, drug violation in a school zone, and firearms violations. He was ordered held on $50,000 bail.

The police say they have found no support for his claims about his parents and have not acted on the Defendant’s allegations.

Attorney Sam’s Take:

One can only imagine the nightmare this family now faces…regardless of where the truth lies.

The Defendant has apparently learned what most criminal defendants eventually learn – in today’s justice system, it is best to have someone to offer up to the police so that they will go easier on you. Truth aside, sometimes it works, sometimes it does not.

Of course, not many people decide to offer up the people who would be most likely to help them in their defense…!

This does bring up another interesting question, though. We are not really aware of what other evidence of intent to sell the police may have in this case. However, now that owning a small amount of marijuana is not illegal, a possible defense could have been that he was growing the pot simply to save money. Kind of like another kind of “green” bank account. Do you think that might be a viable defense?

The fact is that the law only allows you to possess a certain amount of marijuana. Therefore, whatever the reason, having more violates the statute…regardless of the intent involved.

If you find that you are suddenly under investigation or are being charged with possession of marijuana or any other kind of contraband and you wish to discuss the case with me, feel free to do so by calling me at 617-492-3000.

In the meantime, have a good, safe and law-abiding weekend!

For the full article concerning today’s posting of the Boston Criminal Defense Lawyer Blog, go to http://www.boston.com/yourtown/news/natick/2009/08/lawyer_parents_deny_sons_alleg.html?s_campaign=8315

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