November 26, 2014

Possession of Class D Substance

Ayer District Court

Client a 19 year old Littleton, MA man was charged with Possession of Class D Substance With Intent to Distribute.

The client had been at a local swimming hole on a hot day and was walking back to his car when he was confronted by police.  Police alleged he consented to a search of his bag, which contained approximately one half ounce of marijuana.  The client accompanied police back to his vehicle so he could show them his license.  Police allege the client started making furtive movements around his truck so they searched his entire vehicle.

Inside the truck police found boxes of sandwich bags consistent with packaging of drugs, multiple different containers containing varying amounts of marijuana, cash, a bowl, a bong, a grinder, a scale and various other items.

Attorney Riddle filed a Motion to Suppress the search of the truck and a Motion to Dismiss the case.  After hearing the Judge denied both motions.  However, Attorney Riddle aggressively pursued the case and convinced the Commonwealth that they were never going to prove to a jury that the client had the intent to distribute the marijuana and that it would be a waste of the Commonwealth’s resources to try the case.  Given the passage of Question 2 a popular ballot referendum, possession of less than an ounce of marijuana is now a civil infraction, unless the Commonwealth can prove beyond a reasonable doubt that the person had the intent to distribute the drugs.

The Commonwealth agreed to Dismiss the case on the payment of $300.00 in cash. [Read more...]

Trafficking Cocain and Possession Charges

Gardner District Court

Client a 26 year old man from New Braintree, MA was charged with Trafficking in Cocaine and Possession of Cocaine with Intent to Distribute.

Based upon a tip from a confidential reliable informant police conducted a warrantless stop and search of my client while a passenger in a motor vehicle in Gardner, MA.  Police discovered 26.95 grams of cocaine on the client.  The driver of the vehicle was alleged to have been meeting with the buyer of the cocaine and subsequently made a full confession implicating the client in trafficking the cocaine.

After lengthy negotiations with the District Attorney’s office the Commonwealth agreed to Dismiss the trafficking charge and keep the matter in District Court rather than indicting the client in Superior Court where he would have faced a minimum mandatory sentence of 3 years in state prison.

On a disparate plea in the District Court the Commonwealth sought one year in the house of correction, but the Judge agreed with attorney Riddle’s proposed sentence of two years of straight probation. [Read more...]

Leaving the Scene of Property Damage and Reckless Operation

Fitchburg District Court

Client a 33 year old Townsend, MA woman was charged with Leaving the Scene of Property Damage and Reckless Operation.

A reporting party called police while following my client and expressed an opinion that she was possibly intoxicated, had possibly been involved in a prior traffic accident due to the appearance of fresh damage to the vehicle and that the client caused a three car accident with the reporting party and then fled.

Since the charges were misdemeanors and the police did not witness the incident Attorney Riddle filed a Motion to remand the case back to a Clerk magistrate hearing rather than directly arraigning the client on criminal charges.  At the clerk’s hearing Attorney Riddle was able to show that the reporting party was tail gaiting the client for approximately one mile and was talking on his phone while following the client too closely.  It was as a result of the reporting party’s negligent operation of his motor vehicle and following the client too closely that caused him to rear end the client and caused another car to rear end him.  This intimidating behavior caused the client to drive away from the scene while in fear for her safety.

The Clerk Magistrate agreed finding no probable cause to issue the complaints and the client avoided the charges appearing on her record.