Criminal Charges:
Man summoned to appear in the Fall River District Court in Bristol County for:
- Possession of a Class B Drug (to wit: crack-cocaine) in violation of M.G.L. c. 94C, § 34
Case Overview:
While conducting surveillance in preparation for executing a search warrant, police observed a man approach the target residence in a vehicle. Police were familiar with this man from previously observed hand-to-hand drug transactions between him and the party that lived at the residence. The two went for a ride and returned approximately 45 minutes later, at which time police witnessed another hand-to-hand transaction. When the man departed from the target residence, police stopped and searched his vehicle. During questioning, the man admitted to police that he just bought a bag of crack-cocaine from the other party and had concealed the drugs under his seat when being stopped. Police ordered the man out of his vehicle and searched inside, locating both the drugs and several corner baggie tie offs from prior drug purchases. Based upon his statement and the items seized by police from his vehicle, the man then received a summons to appear in Fall River District Court for a Clerk Magistrate’s Hearing. In preparation for this event, he retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in his case.
Case Result:
No Criminal Complaint or Charges. The man is a nurse with no criminal record. Charges of any kind could adversely impact his nursing license with the Department of Health. Aware of this potential adverse collateral consequence, Attorney Calcagni and his team put together an extensive mitigation packet about the man’s life, which was offered as an exhibit at the Clerk-Magistrate’s Hearing. Following the presentation of this evidence and oral argument in support of the man’s defense, emphasizing his cooperation with police, the Clerk elected to not issue the criminal complaint. If the man remains trouble-free for one year, he will never face criminal prosecution or see the inside of a courtroom. This disposition enables the male nurse to maintain both a clean criminal history and his nursing license.
