Case Result: One Year Unsupervised Probation Despite Serious Conspiracy Allegations

Jurisdiction: Middlesex Superior Court (Woburn)
Date: November 2024

Case Background:

On the heels of his release from a 13-year federal prison sentence for drug conspiracy, our client came to our office charged again with conspiracy related to an alleged cocaine trafficking operation. The Commonwealth claimed he supplied narcotics from a “stash house” in Lowell, based on surveillance and evidence collected through prolonged electronic monitoring. If convicted, he faced up to 20 additional years in prison—a harsh prospect that threatened to derail his chance at a fresh start.

Uncovering and Leveraging Illegal Search:

Our investigation revealed that police secretly placed cameras in our client’s apartment building without a warrant, capturing him throwing out materials that later tested positive for cocaine. Because the cameras they placed and dumpsters they searched were in public areas, the government was confident the searches were valid. However, by studying legal developments and trends throughout the country, we were able to develop a legal theory which rendered these searches doubtful. We assembled a cutting-edge legal brief which challenged the admissibility of the government’s proof. This left the prosecutor flat footed, causing him to wonder if his whole case was going to fall apart.

As the day for a hearing on the constitutionality of the search approached, a deflated prosecutor invited us to the bargaining table. Instead of pursuing a twenty-year sentence, the prosecutor agreed to resolve the case with one year of unsupervised probation, which our client gladly accepted. Now, he is finally in a place where he can start fresh and build the life he always wanted, free from the threat of further prison time.

I think the natural tendency of many lawyers is to look at a case like this from a position of pessimism; where the number of years he served in the last sentence is the starting point of negotiations. Not so here. At Erkan & Sullivan, we believe that our clients’ freedom is precious. Regardless of whether our client is dealing with a first offense or trying to break free from their past, we will do everything in our power to open doors for them and, in doing so, give them the chance to reclaim control of their lives. Every client deserves a defense rooted in hope and determination, not resignation. At Erkan & Sullivan, we approach each case with fresh eyes and a relentless drive to achieve the best possible outcome. We believe that justice means offering a second chance, not imposing a lifetime penalty for past mistakes. For us, it’s not about where a client has been, but where they can go.