Criminal Charges:
Man charged in the Plymouth County Hingham District Court for:
- Possession to Distribute a Class A Drug (fentanyl), Subsequent Offense – M.G.L. c. 94C, § 32(b)
Case Overview:
A man was allegedly operating a fentanyl distribution service in Fall River, Massachusetts. Fall River Police Detectives met with a confidential informant (CI), who was able to identify the man and provide information regarding his whereabouts throughout the day. The CI also conducted several controlled buys of fentanyl from the man with the assistance of law enforcement, which led to the issuance of two warrants authorizing police to attach GPS devices to the man’s cars. Sometime later, detectives applied for and were granted another warrant to search the man’s vehicle and person. Upon executing this warrant, police located 475 blue glassine baggies of fentanyl. As a result, the man was arrested and charged in Fall River District Court with Possession to Distribute a Class A Drug, Subsequent Offense. He retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, and his team, to represent him in his case.
Case Result: Dismissed.
After reviewing all the evidence, the Defense had a good faith basis to believe that the GPS monitors were installed on the man’s vehicle in Rhode Island, outside of Massachusetts where the detectives had jurisdiction. After several requests for the GPS electronic evidence and the Defense’s support for a motion to suppress, the Commonwealth represented to the Court that the evidence no longer existed, was lost or destroyed. In response, Attorney Calcagni and his team filed a Motion to Dismiss Due to Discovery Abuse. The Court granted this motion, thereby dismissing the pending drug charges against the defendant.
