Charges/Criminal Complaint Counts:
- Distribution of Class ‘D’ Controlled Substance;
- Drug Violation Near School/Park;
- Possession of Class ‘D’ Controlled Substance with Intent to Distribute;
- Drug Violation Near School/Park.
Case Name: Withheld
Members of the Boston Police Department Drug Control Unit conducted surveillance of an area, in the City of Boston, known to be an area with a high number of street level drug transactions. During the course of their surveillance, officers observed what they believed, based on their training and experience, to be a street level drug transaction.
The two involved parties where stopped and questioned. Pat-frisks of the suspects culminated in the discovery of a substance believed to be a class ‘d’ controlled substance on the person of suspect 1. Suspect 1 proceeded to state that she had just purchased the substance from a “friend.” Suspect 2 was found to have a large amount of cash on his person, along with a substance believed to be class ‘d’ controlled substance and a digital scale, often used in drug distribution. The police report noted that the alleged street level drug transaction occurred within 300 feet from University High School.
Accordingly, the defendant was placed under arrest and charged with distribution of a class ‘d’ controlled substance; possession of class ‘d’ substance with the intent to distribute; and, two school zone violations. The defendant was arraigned before the Central Division of the Boston Municipal Court.
Criminal Defense Attorney Vincent A. Tofani filed his notice of appearance, and successfully negotiated a pre-trial disposition with the Assistant District Attorney, on behalf of the Commonwealth of Massachusetts, where the defendant was offered pre-trial diversion in lieu of criminal prosecution. The defendant successfully completed mental health treatment, and attended a number of therapy sessions. He proceeded to find new employment, and successfully complete all of the conditions of the pre-trial diversion. All of the criminal charges were ultimately dismissed.
Criminal Case Results: Case Dismissed.