Attorney Basso secures not guilty verdict following alleged drug deal
Aug 16, 2017
OUTCOME: Client found not guilty
Haverhill District Court case no. 1638CR001118 charging distribution of fentanyl. Police allege observation of client conducting street level drug sale. Following transaction, police stop "buyer," wh...o is found with fentanyl. Police arrest client, finding $643 in alleged drug sale proceeds. Our associate Christopher Basso presents the matter to a jury, which returns a verdict of not guilty.
Criminal defense
Charges of dealing heroin in a school or park zone dismissed after general continuance
Aug 07, 2017
OUTCOME: Case dismissed
Peabody District Court case no. 1686CR000765 charging distribution of heroin in a school zone. Police claim to observe our client broker a hand-to-hand drug exchange, subjecting him to two-year mandat...ory jail sentence. Following negotiation with prosecutor, case is dismissed pursuant to G.L. c. 276, §87.
Criminal defense
Conviction secured through faulty lawyering overturned; case dismissed
Jul 26, 2017
OUTCOME: Conviction overturned; case dismissed
Lowell District Court case no. 9411CR0561 charging breaking and entering and possession of cocaine with intent to distribute. On advice of prior counsel, client pleads guilty as charged. Neither prio...r counsel nor the judge informed client that his plea will cause mandatory deportation, notwithstanding that client has lived in the U.S. since he was ten years old. On 5/17/17, following a hearing, the Court allows our motion for new trial. On 7/26/17, the Court dismisses all charges.
Criminal defense
Heroin distribution and conspiracy charges dismissed on trial date
Jul 24, 2017
OUTCOME: Case dismissed
Lowell District Court case no. 1611CR5204 charging distribution of heroin and drug conspiracy. Drug detectives claim to have observed client and confederate sell heroin to a known drug user. We answe...r ready for trial. Government concedes it lacks sufficient evidence to prosecute, following which the Court allows our motion to dismiss.
Criminal defense
Domestic abuse survivor exploited by drug trafficker has conviction overturned; case dismissed
Jun 30, 2017
OUTCOME: Conviction thrown out; case dismissed
Middlesex County Superior Court case no. 0581CR00739 charging trafficking cocaine over 14 grams. Police executed a search warrant at client's home, seizing cocaine and cash. Client retained prior cou...nsel, who advised her to plead guilty to reduced indictment. Client has resided in the U.S. since age 7, is now a mother of two, college graduate, working in health care. Client learns that her conviction subjects her to mandatory deportation for life. Client retains our office for help. Our investigation reveals that our client is a domestic abuse survivor. At age 14, she begins a relationship with a much older man who exploits her in furtherance of his drug operation. He directs client to take full responsibility for the drugs, allowing him to escape punishment. We file a motion bringing this history to the court's attention, following which the Court vacates her conviction, following which, on June 30, 2017, the government agrees to dismiss all charges.
Criminal defense
Government dismisses breaking and entering charges after we file motion to dismiss and suppress
Jun 23, 2017
OUTCOME: Case dismissed
Lawrence District Court case no. 1718CR000105 charging breaking and entering. Government alleges our client broke into someone's home at night. Our client insists that he was intoxicated and entered ...the wrong house by mistake with no criminal intent. We file motions to suppress and dismiss. In light of our motions, government agrees to dismiss case pursuant to G.L. ch. 276, §87
Constitutional
Our office challenges constitutionality of minimum mandatory drug laws
Jun 22, 2017
OUTCOME: Reduced sentence following plea
Essex County Superior Court case no. 1577CR318, April 19, 2016, Lawrence District Court case no. 1518CR535. Client charged with distribution of cocaine to police informant. While that matter pending ...in Lawrence, client arrested following suspected 20 gram heroin sale. Client faces 3.5 year minimum mandatory prison sentence. On district court case, we succeed in obtaining a sentence of probation. On superior court case, minimum mandatory sentence strips judge of authority to impose sentence below mandatory. We file a motion requesting that the court strike down the Commonwealth's minimum mandatory drug laws. We argue that the mandatory drug laws violate constitutional equal protection guarantee, given data which suggested that minorities were incarcerated at a rate 75% greater than whites, despite data demonstrating that drug distribution offenses were committed by whites and non-whites with equal frequency. We also argue that the mandatory drug laws violate the separation of powers by vesting in the executive the traditionally judicial function of sentencing. Finally, we argue that the mandatory drug laws constitute cruel and unusual punishment. Sadly, the Court was not prepared to disrupt the status quo by granting our motion. Nevertheless, the prosecutor agreed to a sentence of 2 years imprisonment - 18 months below the applicable minimum mandatory.
Criminal defense
Case against alleged drug trafficker dismissed following illegal stop and prosecutorial nondisclosure of evidence
Jun 08, 2017
OUTCOME: Evidence thrown out, case dismissed
Middlesex County Superior Court case no. 1481CR00952 charging trafficking in cocaine. Pursuant to a motor vehicle stop, police search client's vehicle, finding over 100 grams cocaine in a hidden compa...rtment. Client faces 8 year minimum mandatory if convicted. We file a motion to suppress which argued police illegally stopped and searched our client's car. We file further motions arguing that the government wrongfully concealed evidence favorable to the defense. Following a hearing on those motions, the Court allows our motion to suppress and the case is dismissed.
Criminal defense
Case dismissed against client accused of selling drugs in department store
Jun 06, 2017
OUTCOME: Case dismissed
Lawrence District Court case no. 0418CR004869 charging possession with intent to distribute and distribution of cocaine. Government alleges client caught on security camera selling cocaine at Kohl's d...epartment store. We appear for trial, where government concedes it lacks proof to support its allegations. Case dismissed.
Credit card fraud
Charges against alleged leader of credit card fraud ring dismissed
May 31, 2017
OUTCOME: Case dismissed
Wrentham District Court case no. 1657CR001289 charging credit card fraud. Government claims our client was ring leader of scam involving purchase of gift cards using stolen credit card credentials, mo...st recently purchasing gift cards at Bass Pro Shop at Patriot Place. We obtain several discovery orders with which the government fails to comply. We answer ready for trial, following which the government concedes it lacks sufficient evidence to prosecute. Case dismissed.
