Boston Criminal Lawyer Blog
I live in the Boston area and, as I have mentioned from time to time, have kids. When I am not “fighting the good fight“, I try to spend some time with them. In this day and age, that will include some television. One of the shows we watch actually began when I was a kid…Scooby Doo.
Well, if your kids also watch the show, I suggest you hide today’s blog from them lest they lose all hope.
While on TV, Scooby is a hero, I have found a news story to shake the foundation of childhood fantasy.
Scooby has been arrested for heroin dealing.
Of course, now I am talking about New York resident Kelvis D., 25 (hereinafter, the “Defendant”). His street moniker is “Scooby”. He was arrested Thursday night after he was allegedly observed in the process of making a heroin delivery in Wakefield, prosecutors said.
Prosecutors added that State Police investigators assigned to the district attorney’s office conducted electronic interception of communications in December, January, and last month, culminating with the arrests of several people last month. During that investigation, officers identified the Defendant as a long-time “heroin trafficker and supplier of heroin to this organization.”
The apparently continuing investigation of heroin trafficking in the Burlington area is what led investigators to believe that the Defendant would be in Wakefield to deliver heroin.
When arrested, the Defendant is said to have more than 50 grams of heroin in his car, prosecutors said.
The Defendant was arraigned in Malden District Court on charges of trafficking a Class A substance over 28 grams and a drug violation in a school zone.
The judge ordered the Defendant held in lieu of $50,000 cash bail and set an April 1 probable cause hearing.
Yes, ironically enough, April Fool’s Day!
Attorney Sam’s Take:
This little tale about a “Scooby Dooby Don’t” actually raises a couple of interesting points you may wish to keep in mind.
First of all, the Defendant was arraigned in district court, but it would appear that the Commonwealth is considering indicting him and moving the matter to superior court. However, it may not end there.
There are two states involved in this case potentially. This gives federal prosecutors jurisdiction as well. No, not for the same charges necessarily, but close ones. For example, the state could charge for the possession of the drugs, and intent there regarding, while the feds prosecute for the actual trafficking.
There are a host of combinations that could work without violating the rules against Double Jeopardy. In other words, the Defendant’s problems may just be beginning.
There were a couple of key phrases in the story that might send shivers down some people’s spines. Namely, “electronic interception of communications” and “continuing investigation”.
The first would indicate things like wiretapping and recording. Yes, listening into telephone calls and taping them. The second means, of course, they are still doing it.
You should be aware that in certain situations, the police may get permission to listen into and record telephone conversations.
“Well, who cares, Sam? I mean, if I am not dealing drugs, what do I have to hide?”
Good point. Well, some people actually cherish a certain amount of privacy in their lives. More importantly, however, people involved in this type of commerce often speak in a sort of code to be “extra-careful”.
How that code is interpreted is often left to the …well…interpreter.
This means that sometimes telephone conversation could be misconstrued if the investigators are listening in with their own preconceived notions about who you are, who you know, and what you might be talking about.
No, I am not telling you to stay away from the telephone. However, I am suggesting you be aware of this risk and, if you have reason to believe you are being investigated, take it seriously. Yes, that would include consulting an experienced criminal defense attorney.
As always, if you are facing such a scenario and wish to discuss it with me, you may feel free to contact me at 617-492-3000.
To find the original story upon which this story is based, please go to http://www.boston.com/news/local/breaking_news/2010/03/new_york_man_fa.html
