Criminal Charges:
Possession of Fentanyl in violation of M.G.L. c. 94C, § 34
Case Overview:
Police were dispatched after receiving a call from a motorist stating he was being followed by another vehicle. The motorist described the pursuing vehicle for police and informed them that its driver said he had a gun. Police stopped both vehicles. The operators exited their respective vehicles and had separate conversations with separate officers. The caller informed police that they were involved in a road rage incident where the man pulled alongside him, told him he had a gun and asked him to get out of the car. The caller stated he was scared and called police. Police searched the other motorist, but did not find any firearms. However, they did find a substance consistent with fentanyl inside the passenger door compartment. Police advised the man he would be arrested for narcotics, which prompted him to run off on foot. The police chased after him, caught the man, and secured him in handcuffs. After being advised of his rights, the man volunteered that the drugs in his vehicle were his. The man was charged in New Bedford District Court with Possession of a Class A Drug (to wit: fentanyl) in violation of M.G.L. c. 94C, § 34. He retained Massachusetts Drug Possession Defense Attorney, John L. Calcagni III, to represent him in his case.
Case Result:
Dismissed. After reviewing and analyzing the evidence in this case, Attorney Calcagni filed a motion to suppress the drugs, alleging that police searched the man’s vehicle in violation of his constitutional rights. Prior to a suppression hearing, and after exposing the weaknesses in the government’s case, Attorney Calcagni successfully persuaded the prosecution to dismiss the case upon the payment of $100 in court costs.
New Bedford District Court, Massachusetts
75 N. Sixth St
New Bedford, MA 02740
Phone: (508) 999-9700
Cities and Towns: Acushnet, Dartmouth, Fairhaven, Freetown, New Bedford and Westport
