Articles Posted in Drug Possession

In April of this year, 44-year-old Steven Duane Dent was sentenced by U.S. District Judge Avern Cohn to 20 years in federal prison for his role in trafficking narcotics, specifically cocaine and heroin, according to a recent announcement by United States Attorney Barbara L. McQuade. The DEA and IRS – Criminal Investigation Acting Special Agent in Charge Jarod Koopman participated in the investigation of Dent and others in the eastern district of Michigan, including defendant Abel Ruiz. 

According to court documents, Dent and Ruiz conspired with others to distribute nearly 13 kilograms of cocaine in this area of the state in March of 2007. Dent pleaded guilty to conspiracy to distribute 5 kilograms or more of cocaine. Following his 20-year term in a Tucson, Arizona institution and participation in a residential drug and alcohol program, Dent will be on supervised release for 10 years.

Dent was also charged in March of 2010 with money laundering which involved purchasing more than 50 money orders totaling more than $98,000. These money order transactions were an effort by Dent to disguise what the funds were being used for, and to avoid reporting the transactions as required by federal law.

Essentially, Dent and his co-conspirators worked to profit from the sale of illegal narcotics, and attempted to disguise these profits in order to avoid reporting to the IRS. Jarod Koopman said in a press release that like other criminals, drug dealers are motivated by greed. The crimes drug dealers are involved in have a devastating effect on the community. Koopman said that the IRS – Criminal Investigation will continue to provide financial expertise and work in conjunction with the U.S. Attorney’s Office to strip the profits from drug traffickers.

Trafficking illegal schedule I substances including cocaine and heroin is one of the most serious crimes anyone can be accused of. While possessing or manufacturing illegal drugs is serious, distributing and selling to others will result in substantial prison time and fines that can range into hundreds of thousands or even millions of dollars.

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Last month, nine people were arrested by the FBI and are facing federal charges for dealing drugs after an informant dubbed ‘CW1’ made a flurry of phone calls to law enforcement, according to a news article at City Paper. 

On August 11, seven of the nine individuals were arrested at the Mondawmin Mall parking lot within a four hour period. Later that day, two other individuals from Washington D.C. were arrested at an apartment complex in northwest Baltimore. A federal grand jury indicted all nine individuals on August 22, charging them in a cocaine and heroin conspiracy.

CW1, the informant, had been arrested after being found with several kilograms of cocaine and heroin. Following his arrest, he “set up” his customers by selling the drugs in the mall parking lot, so that FBI agents could make arrests. One of the arrests involved an individual who allegedly worked as a maintenance man at the Haddon Hill Apartments. A maintenance closet at the apartments contained $216,140 in cash, which agents seized.

Several of the nine individuals arrested appear to have been convicted at the federal level in the past. CW1 placed phone calls to his previous customers, informing them that he had cocaine and heroin. Eight of the nine people arrested brought cash with them; the ninth individual had been alerted by his probation officer, and showed up with no money. He said he did not understand why he was arrested, that he just came to “look at” the drugs and did not have any money on him.

In all, law enforcement seized close to a half-million dollars in cash, and arrested nine kilo-level drug dealers.

Federal drug charges are extremely serious. In Michigan, those who are charged with dealing drugs including heroin and cocaine will face severe penalties; however, the criminal penalties at the federal level are even harsher. For example, someone who is found guilty of trafficking up to 4,999 grams of a Schedule 1 drug such as heroin may spend up to 40 years in prison, and face fines of as much as $2,000,000. This is for a first-time offender. If an individual has a past drug conviction, the punishment will be more severe. The amount of drug or substance involved also plays a role in the punishment an individual will face if convicted.

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On August 15, 26-year-old Eric Santos of Nantucket was indicted on a charge of possession of heroin with intent to distribute after he allegedly flew to Hyannis from his home to purchase heroin, according to a news article at the Cape Cod Times. 

A Barnstable County grand jury indicted Santos on the charge, which came after police departments in Nantucket and Barnstable worked together to catch him. A police report indicated that Barnstable police were notified by Nantucket police that the suspect would be flying to Hyannis to purchase heroin to bring back to Nantucket via an Island Airlines flight.

After arriving in Hyannis, Santos was unknowingly followed by Barnstable police as he went to a McDonald’s and was delivered to a Hyannis residence after being picked up by a taxi. Santos allegedly remained inside the residence only a short time before leaving in a taxi and being dropped off at the airport. This is when police approached the suspect with a drug-sniffing dog. Upon the dog detecting narcotics, police found a digital scale and 12 grams of heroin in Santos’ backpack, estimated to have a street value of $6,000.

In Massachusetts, the criminal penalties for a first-time offender convicted of possession of heroin with intent to distribute include a maximum of 10 years in state prison, or 2 1/2 years in the House of Correction, along with fines of up to $10,000 and loss of driver’s license.

These are very serious penalties, however in Michigan the consequences an individual will face if found guilty of heroin possession with intent to deliver are even more serious. A first-time offender convicted of this drug offense when less than 50 grams of heroin is involved will face a maximum prison term of 20 years, along with fines of as much as $25,000.

It is important to know that when a person possesses an illegal drug such as heroin, cocaine, methamphetamine, or even marijuana, the amount in that person’s possession may dictate whether prosecutors attempt to charge the individual with possession, or possession with intent to distribute or deliver. When the amount of a drug a person possesses is more than police and prosecutors feel someone would possess for his or her own personal use, they may attempt to up the charges to include distribution. This will result in harsher penalties if the defendant is found guilty.

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On Wednesday, August 20, authorities searched the home of a Frederick, Maryland man they believed to be distributing illegal drugs. The home of 24-year-old Richard Thomas Rodgers Jr. was searched by Frederick County Special Services Team and the Frederick County Narcotics Task Force, according to an article at the Frederick News-Post.

Court papers revealed that Rodgers’ home was searched just before 5:30 p.m. on Wednesday, and that officers located various drug paraphernalia items along with a safe containing drugs in a bedroom. Officers had to pry the safe open, but once inside discovered three 30 mg. oxycodone pills and five bags of heroin estimated to be a total of 10 grams.

Rodgers is charged with a single count each of possession of heroin, possession of oxycodone, possession of drug paraphernalia, heroin distribution, and possession of heroin with intent to distribute.

Heroin possession and possession with intent to distribute are serious charges, regardless of where an alleged offender lives. The state of Michigan is particularly hard on drug offenders in terms of criminal penalties for those found guilty. For example, anyone who is convicted of heroin possession with intent to deliver heroin in an amount less than 50 grams will face a maximum of 20 years in prison, up to $25,000 in fines, or both. Even if it is determined that an individual was in possession of less than 50 grams of heroin but did not intend to sell or distribute the drug, he or she may still face up to four years in prison, and the same fine as mentioned above. The criminal penalties for oxycodone possession in an amount less than 50 grams are the same as those for heroin possession.

Anyone who is found to be in possession of heroin, cocaine, methamphetamine, marijuana, or any illegal drug should consult with a skilled Michigan drug crime attorney at once. Depending on the amount of the substance involved, police/prosecutors may attempt to turn a possession charge into a possession with intent to distribute charge, which means penalties that are much harsher if convicted.

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On Friday, August 8, several people considered “major players” in an Orlando-based drug organization were arrested, according to News 13. Authorities uncovered an elaborate drug trafficking ring in which overnight shipments of drugs originating in California including cocaine and marijuana were arriving at hotels in Orlando, a sting the authorities dubbed ‘Operation Hotel California.’

Several agencies worked in conjunction to make the major drug bust a success including the Orange and Seminole County Sheriff’s Offices, the U.S. Postal Inspection Service, the U.S. Immigration and Customs Enforcement, the Florida Attorney General’s Office of Statewide Prosecution, and the Orlando Metropolitan Bureau of Investigation.

Suspects who were arrested in the drug bust faces various charges from trafficking cocaine and marijuana, conspiracy to traffic cocaine in excess of 400 grams, conspiracy to traffic marijuana in excess of 25 pounds to importation of marijuana and racketeering. News reports indicate that the Orlando Metropolitan Bureau of Investigation began receiving information in December of last year that parcels which were “suspicious” were being delivered to hotels in Orlando, specifically those on International Drive.

At the time of news reports 26 people in all had been identified, arrested, or were in the process of being arrested. While the names were not released at the time, two people were identified. 35-year-old Binh Tran of Westminster, California is believed to be the supplier of the marijuana. Authorities also revealed that 29-year-old Joshua Slemons was the ringleader of the Florida portion of the drug operation.

There is no doubt that the individuals involved in this drug ring will face serious criminal penalties if convicted. In the state of Michigan, cocaine possession with intent to distribute or deliver involving 400 grams up to 449 grams will leave the defendant facing up to 20 years in prison along with fines of up to $250,000 if found guilty. Amounts of more than 450 grams adds a possible additional 10 years in prison to the sentence, and increases fines to a maximum of $500,000.

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On August 6, three Ironwood residents were arrested after authorities executed a search warrant at 248 W. Larch Street. During the search, members of the Gogebic Iron Area Narcotics Team discovered methamphetamine, heroin, analogues, and firearms, according to an article at Upper Michigan’s Source. 

The three people arrested include Carly Ann Pestka, 22, Mark Dwayne Overton, 35, and Adam Lee Stone, 33. All of the suspects were arraigned on the charges on August 7 in Gogebic County Court.

The Hurley Police Department, Gogebic County and Iron County Sheriff’s Departments, Ironwood Public Safety Department, and the Lac View Desert Tribal Police comprise the Gogebic Iron Area Narcotics Team.

Carly Pestka was charged with a single count of possession of heroin. Mark Overton faces several charges, including one count each of maintaining a drug house, possession of analogues, possession of meth, possession of heroin (less than 25 grams), and possession of a firearm during the commission of a felony. Adam Stone faces charges of maintaining a drug house, delivery/manufacture of heroin less than 50 grams, and possession of heroin less than 25 grams.

These charges are extremely serious, and will leave the offenders facing serious consequences if convicted. For example, Carly Pestka may face up to four years in prison and a fine of up to $25,000 for possession of less than 50 grams or heroin, although news reports do not indicate how much of the Schedule I drug she had in her possession.

Manufacturing, distributing, or delivering Schedule I substances including heroin will result in extremely severe penalties for those convicted, including up to 20 years in prison for an offense involving less than 50 grams of heroin. If the amount involved is more, the fines and prison sentences increase substantially. An individual who is found guilty of manufacturing or distributing 1,000 grams or more of heroin may face a maximum of life in prison, and fines of up to $1,000,000.

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On Friday evening, August 1, Laredo city council member Jorge Vera was booked into the Webb County Jail after being charged with possession of a controlled substance (cocaine). According to news reports at Mysanantonio.com, Vera posted a $1,500 bond and faces a misdemeanor charge of filing a false police report in addition to a felony drug charge.

On Wednesday July 30, Vera attended a special meeting of the Laredo City Council, just one day after he had been questioned by police regarding another man’s arrest for drugs and the involvement of Vera’s truck in the incident. On Tuesday evening, July 29, police were summoned to a bar after being tipped off that someone was selling drugs out of a truck in the bar’s parking lot. After a drug dog went over the truck and detected a “powdery substance,” a 24-year-old man was arrested and charged with tampering with evidence. Vera admitted that the truck in question was his, but says that it was broken in to.

Vera initially denied any connection with the drugs in his truck, but later turned himself in to police. According to television station KGNS, police told the station that Vera offered a female off-duty patrol officer and her friends cocaine.

On August 1, the City of Laredo issued a statement regarding Vera’s arrest, and the criminal matter which must run its course as the district attorney’s office continues investigating.

As all Michigan drug crime lawyers know, selling cocaine is a serious criminal offense. While no mention of the amount of cocaine involved was found in our news sources, the punishment for cocaine possession with intent to distribute or sell in the state of Michigan is harsh. Even when less than 50 grams is involved, the offender may face fines of up to $25,000 along with a maximum of 20 years in prison if convicted.

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Over the weekend, six individuals were arrested in Boston who are believed to be involved in drug dealing near the Boston Common, according to news reports at the Houston Chronicle and NBC News. One of the six people arrested was 42-year-old John Manwaring of Florida, who is a JetBlue pilot. Manwaring was arraigned on Monday on charges of heroin possession.

Manwaring told police that he had arrived in Boston on Sunday, July 20, and that he was a pilot. A woman who was with Manwaring and who was not named in news reports was also charged with heroin possession. Among the others arrested were two men who were charged with selling heroin, and another charged with trespassing and cocaine possession. 

Residents in the area of Boylston and Tremont Streets had begun complaining about suspected drug activity going on in the area, which led police to investigate the allegations. Police had also made numerous drug arrests in the area in the past.

JetBlue Airways Corp., based in New York, announced on Sunday evening that Manwaring had been removed from duty pending the outcome of the investigation. The company is cooperating with investigators, and stated that “In compliance with all FAA and DOT regulations and requirements, JetBlue has in place a rigorous drug testing programs for crew members that includes a strict “no tolerance” program.

Manwaring was released on his own recognizance after pleading not guilty in court on Monday.

In Massachusetts, the criminal penalties for a first offense heroin possession conviction include fines of up to $2,000 and up to two years in prison. In the state of Michigan, those found guilty of possessing less than 50 grams of heroin will face up to four years in prison, along with fines of as much as $25,000. The criminal penalties for heroin possession depend on factors including criminal history, amount of heroin involved, and where the crime occurred (such as in close proximity to a school, park, church, etc.).

Possession of a large amount of heroin, or an amount that would be considered by police as more than a person would need for his or her own personal use, could lead to possession with intent charges. When prosecutors trump up a possession charge to possession with intent to distribute or deliver, the situation becomes much more serious.

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On Tuesday evening July the 8th, Costa Mesa police discovered two men who were allegedly preparing to smoke heroin inside a bathroom stall at a Chuck E. Cheese restaurant, according to a news article at NBC Los Angeles. Police Sgt. Patrick Wessel stated that the two men went to the location to meet with a drug supplier. 

The two men who were arrested at the Chuck E. Cheese in Orange County located at 2300 Harbor Blvd. were Daniel Lubach, 27, and Collin Zborowski, 28. Police said that both men were determined to be under the influence of a controlled substance at the time of their arrest. Police also confiscated the drugs (heroin) and paraphernalia the two men were in possession of at the time of the arrest. Costa Mesa officers were uncertain whether the two had attempted to sell drugs at the restaurant.

Collin Zborowski faces several misdemeanor charges and one count of felony possession of a controlled substance. At the time of the report, he was being held on $20,000 bail in the Orange County Jail. Lubach faces misdemeanor charges and was released from custody on a written promise to appear.

Possession of heroin or any controlled substance is serious, regardless of the state in which an individual resides. In California, a person found guilty of heroin possession may face penalties that include up to three years in prison. For a first-time offender, probation and a brief jail stay are more likely.

In Michigan, heroin possession is also classified as a felony. The criminal penalties an individual faces if convicted depends on several factors, including the amount of heroin involved. For example, possession of less than 50 grams will result in up to four years in prison, while possession of up to 449 grams may result in a maximum of 20 years in prison. The more heroin a person is found in possession of, the more likely it is that police will suspect the individual intended to sell or distribute the drug; this could result in “trumped up” charges of possession of heroin with intent to distribute/deliver, resulting in even harsher penalties.

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