Possession with Intent to Deliver Class D Substance (Marijuana), Subsequent Offense: CWOF

Drug & Narcotics Offenses

Fall River Police conducting random surveillance observe what they believe to be a suspected drug transaction between two men. Specifically, police characterize the suspected transaction as a “meaningless ride.” A pickup truck with a lone male operator pulled up to the curbside across the street from a barbershop. A second man emerged from the shop with nothing in his hands, crosses the street and enters the truck. The two men traveled a short distance up a nearby driveway adjacent to the barbershop that leads to a secluded parking area in the back of the building. Suspecting this to be a drug transaction, police pulled in behind the pickup truck as the passenger is exiting. Police directed him to not move and drop to his knees. They searched his person and discovered one ounce of cocaine in his front pocket, which led to his arrest. Simultaneously, police forcefully removed the driver from the truck and searched his person. The man spontaneously admitted to possessing and offering to sell his passenger marijuana. They found on his person three knotted plastic bags, each containing 33 grams of marijuana, and $2980. Accordingly, this man was arrested and charged in Fall River District Court with Possession with Intent to Distribute a Class D Substance, Subsequent Offense. He retained Massachusetts Drug Defense Lawyer, John L. Calcagni III, to defend him in this matter. Attorney Calcagni secured his client’s release on bail and filed a motion to suppress attacking the legality of his client’s detention by police, which he argued was done absent reasonable suspicion necessary for an exit order under Massachusetts law. On the morning of the suppression hearing, the Commonwealth engaged Attorney Calcagni in negotiations and ultimately offered to resolve this case with a one-year Continuation without a Finding (CWOF). Providing the man is not charged with a new offense during this time period, the case will be dismissed and eligible to be sealed from his record.