Drug Trafficking Lawyer Noah Kilroy Convinces Court To Grant Client Bail:
Brockton Police receive information from the United States Postal Inspector that a suspicious package was due to be delivered to a specific address in Brockton, Massachusetts. The Massachusetts State Police and Brockton Police set up surveillance outside of this address and later watch the postal delivery driver drop off the package on the front porch of the intended address. Police later see client pick up the delivered package from the same porch they were watching. As soon as client puts the package under his arm to walk away with the package, the police move in to detain client. After opening the package, police discovery two kilograms of cocaine and place client under arrest. Client then hired Massachusetts Criminal Defense Attorney Kilroy to represent him in this matter.
If convicted, client faces a mandatory minimum of 12 years in prison. Also, under Massachusetts law, the Commonwealth can move to hold a defendant without bail if the charged offense carries a mandatory minimum of 3 years or more under its Dangerousness Statute. In this case, the Commonwealth did move to hold client without bail and the case was scheduled for a dangerousness hearing. At a dangerousness hearing the court will consider:
- The nature and circumstance of offense charged;
- The potential penalty;
- The defendant’s family ties;
- The defendant’s employment record;
- The defendant’s history of mental illness;
- The defendant’s reputation;
- The risk that defendant will obstruct justice or attempt to obstruct justice;
- The risk that the defendant will threaten, injure or intimidate a prospective witness or juror;
- The defendant’s record of convictions;
- Any illegal drug distribution or present drug dependency;
- The defendant’s bail status in other cases;
- Whether allegations involve abuse or a violation of a temporary or permanent order of protection;
- Whether defendant has had orders of protection issued against him; and
- Defendant’s probation status and/or parole status and whether defendant is on release pending sentence or during an appeal from a conviction.
At hearing, Attorney Kilroy argued that not only was his client not a danger to the community, but also that the Commonwealth failed to prove that there were no combination of bail conditions that could reasonably assure the safety of the community. Attorney Kilroy presented evidence that the search of client’s package without a warrant was unconstitutional. He also presented evidence that client did not fit the profile of a drug-trafficker, as client had been gainfully employed for the last year as a dishwasher. Lastly, Attorney Kilroy was able to present evidence of client’s strong ties to the community.
After the Court considered the arguments in this case, the Court denied the Commonwealth’s motion to hold client without bail, and set a cash bail for client. Client is now home with his family.
Have You Or Someone You Know Been Arrested For Drug Trafficking in Massachusetts?
If you have been charged with a Drug Trafficking Offense in the Commonwealth of Massachusetts, call or text Attorney Kilroy immediately at: 401-855-9023. We have offices in both Providence, Rhode Island and Fall River, Massachusetts.