Trafficking Charges Against Florida Man Visiting Massachusetts Dismissed After Successful McCarthy Motion

In May of 2022 a task force involving several Massachusetts police departments and branches of federal law enforcement executed a search warrant on a home in the early morning hours. Our client was in a bedroom on the first floor with another individual. Others were in different bedrooms and some sleeping in the basement. Officers were able to seize several large capacity firearms, ammunition and trafficking weight of cocaine and fentanyl. One of the defendants cooperated against our client and provided the grand jury with self-serving testimony that inculpated our client with these charges. Ultimately, our client was charged with trafficking fentanyl, G.L. c. 94C section 32E, trafficking cocaine, possession of a large capacity firearm, G.L. c. 269 section 10(m), improper storage of a firearm, G.L. c. 140 section 131L and possession of ammunition, G.L. c. 269 section 10(h). Attorney Neyman was hired to represent the man. The defendant was facing a mandatory 12 years in prison. Recognizing significant flaws in the grand jury presentment we filed a motion to dismiss pursuant to Commonwealth v. McCarthy. The motion was successful. The district attorney’s office agreed that they could not re-indict or proceed in any way the prosecution of our client and all charged were dismissed.

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