Criminal Charges:
Man charged in the Bristol County; New Bedford District Court for:
- OUI Drugs, 2nd Offense – M.G.L. c. 90, § 24(1)(a)(1);
- Possession of a Class E Drug – M.G.L. c. 94C, § 34;
- Possession of a Class B Drug, Subsequent Offense – M.G.L. c. 94C, § 34;
- Removing/Altering a Drug Label – M.G.L. c. 94C, § 25(4); and
- Trafficking in Fentanyl, 36 – 100 Grams – M.G.L. c. 94C, § 32E(c)(2)
Case Overview:
Police responded to a man sleeping behind the wheel of his vehicle in a parking lot. Officers unsuccessfully attempted to speak with him through the window and as police opened the driver’s side door, the man regained consciousness. As officers brought him to the rear of his vehicle, he was unsteady on his feet with pinpoint pupils and appeared in a sleep-like-state. He admitted to using heroin. Police patted him down and found a needle in his pocket. Upon searching the vehicle, police located a cigarette box containing several bundles of heroin and assorted pills, a container containing methadone, and a label-altered prescription pill bottle containing multiple Trazadone and Alprazolam pills. Based on the discovery of this drug evidence, police arrested the man for OUI and various drug offenses. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, Inc. to represent him in this case.
Case Result: Trafficking Charged Amended to Possession. OUI 2nd Offense Cahill Disposition and 2 Years of Probation
After the man’s arraignment and release on bail, Attorney Calcagni contacted the District Attorney’s Office and successfully secured an agreement to amend or reduce the charges. This ensured that the man’s case remained in District Court (opposed to Superior Court) and the removal of any mandatory prison sentence, if convicted. As time passed, the man ultimately elected to resolve his case short of trial. He admitted to OUI and Possession of a Class A Drug in exchange for a sentence of probation.
