There’s No Substitution For Experience

By Brian D. Roman, Attorney at Law

Sometimes a seemingly suspicious act can lead to an erroneous arrest. Two Massachusetts men were riding a train when police saw them make an alleged drug deal. The men are now facing  drug charges  based on what the detectives allegedly saw.

The men were arrested on the afternoon of Feb. 20 while on a Red Line train. MBTA Transit Police saw them make a transaction that allegedly involved the exchange of amphetamines from one man’s hand to another. The train was near South Station when the arrests occurred.

A 25-year-old man is facing drug possession charges. He pled not guilty and was released, but has a pretrial hearing scheduled. The other – a 40-year-old man — is facing charges of drug possession and distribution. He is expected to appear at Boston Municipal Court for his arraignment.

In the men’s defense, a hand to hand transaction does not necessarily indicate that a drug deal was in progress. The police would have needed a legitimate reason to search and arrest the men without knowing for sure that the transaction involved drugs. Did they have enough evidence so that the arrests were justified?

There should be a thorough investigation performed to ensure that the drug really was amphetamine. Simple speculation is not enough to charge the men.

If the men are convicted of drug charges, they could fight to reduce charges. Many people use and sell drugs. Should this be considered a serious offense? It was a simple exchange of drugs and nobody was hurt. The men could negotiate reduced punishment, especially if they have no prior drug offenses against them.

Source : Boston.com, “ 2 charged after T detectives allegedly witness drug deal on Red Line train ” Catalina Gaitan, Feb. 21, 2014

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