Drug offenses represent a large portion of criminal cases in Massachusetts. Drug crimes include the unlawful distribution, possession, or trafficking of substances like heroin, crack cocaine, marijuana, LSD, or ecstasy. It can also include the unauthorized possession or distribution of prescription medications, like OxyContin, Percocet, or Vicodin.
Each drug case is unique because they have essential elements that the prosecution must prove beyond a reasonable doubt. It is up to the Commonwealth of Massachusetts to establish that the individual who committed a drug crime knowingly and intentionally possessed a controlled substance.
If you are convicted of a drug offense in Massachusetts, you may face fines, drug testing, probation, loss of your driver’s license, and even jail time. If you or someone you love has been charged with a drug crime, you need experienced Massachusetts criminal defense lawyers on your side.
At The Law Offices of Gerald J. Noonan, our Wrentham drug crimes lawyers make it our fight to protect your freedom and your future. We have years of experience defending people against drug charges, and we can help you. Contact our team to learn more.
Understanding Drug Crimes
There are a lot of types of drug crimes. Massachusetts’ most common drug crimes are drug possession, drug manufacturing, drug possession with intent to sell, and drug distribution.
Drug Possession
Drug possession involves having illegal narcotics in your possession for personal use, distribution, or sale.
The penalties you face vary based on the drug that was found and the amount of the drug. In Massachusetts, drugs are categorized A – F. Class A drugs receive harsher sentences because they are considered more dangerous and have a higher likelihood of causing severe dependency. Class A drugs include heroin, morphine, and GHB.
The first offense for possessing a class A substance could be up to two years in jail, fines, and court-mandated treatment programs. A second-time offender could be sentenced to jail for up to 2.5 years with subsequent offenses resulting in longer jail sentences and higher financial penalties.
Drug Possession With the Intent to Distribute
This is where a person has one or more illegal narcotics in their possession and intends to sell the narcotics. If a person is found guilty of drug possession with intent to sell to a minor, they may face enhanced criminal charges and lengthier sentences.
In Massachusetts, a person can be charged with intent to sell if they possess more than a specific amount of an illegal substance, if they own a scale that is thought to have been used to measure drugs for distribution, or if they are growing a large amount of an illegal substance, such as marijuana.
A first offense of possession with intent to distribute can result in a 2 1/2 year sentence in county jail or an even longer sentence in state prison. If you are caught possessing drugs and are charged with intent to sell, you need to contact an experienced Wrentham drug crimes attorney immediately.
Drug Distribution
This is the crime of distributing illegal narcotics. Unlike possession with the intent to sell, drug distribution requires that the exchange of drugs for money or other services actually take place. Drug distribution encompasses drug trafficking, an extremely serious crime in Massachusetts. Drug trafficking sentences will vary based on the drug trafficked and the number of drugs involved.
Massachusetts, like most states, has a mandatory minimum sentence for drug offenses. This means that a judge is required to sentence you to a set amount of time as required by statute, or they must sentence you to probation where the statute requires it. Mandatory minimums can mean long sentences, especially for repeat offenders.
A person convicted of possession with the intent to distribute marijuana could be fined $500 and receive a sentence of two years. For cocaine, a first-time offender could receive 2.5 years in prison. The sentence can jump up to 10 years for repeat offenders.
A person convicted of trafficking between 50 and 100 pounds of marijuana could face a minimum sentence of one year to 2.5 years. Those convicted of cocaine trafficking could face a five-year sentence if they have at least 14 g of cocaine but less than 28 g. As the quantity of the possessed drug increases, so does the punishment.
How The Law Offices of Gerald J. Noonan’s Lawyers Defend Against Drug Charges
There are several defenses that an experienced Massachusetts criminal defense attorney may use on your behalf.
1. Suppress the Evidence
According to the fourth amendment, unreasonable search and seizure of your personal property and home are prohibited without the proper warrants. Often, drug distribution charges will be based on searches and seizures that police officers conducted that may or may not have been under a warrant. Our skilled criminal defense lawyers will look at the facts surrounding your case and file motions to suppress evidence gathered in violation of your fourth amendment rights.
2. Challenge Inaccurate Evidence
The evidence raised against you is key in determining the sentence you will receive. For example, police officers could intentionally or unintentionally inflate the weight of the drugs in your possession. Our team will look to challenge the weight of the drugs if the situation warrants it. A drug offense attorney may also challenge the prosecution’s evidence proving intent to distribute. They may allege intent because of the presence of drug paraphernalia or because of how the drugs were packaged.
3. Lower the Charges
Possession with intent to distribute brings harsher punishments than simply drug possession. This means longer mandatory minimum sentences that may not offer probation. Your criminal defense attorney may try to negotiate with prosecutors to get the charges dropped or reduced to a less severe crime.
4. Request Alternatives to Incarceration
For some people, drug addiction is at the heart of drug possession or distribution charges. An experienced criminal defense attorney will be able to explain this to prosecutors and negotiate to get their client treatment in exchange for reduced or dropped charges.
Protecting Your Rights and Securing Your Future
Your future is on the line when you are charged with a drug crime. At The Law Offices of Gerald J. Noonan, our experienced drug law attorneys employ unique strategies to handle drug-related charges. If this is your first offense, a good lawyer may make the difference between you spending time in prison or not.
If you have multiple convictions, you need an experienced attorney who understands how to work with the system to minimize charges. Our team works closely with our clients. If you have been arrested and accused of a drug crime, you must contact The Law Offices of Gerald J. Noonan today so that we can begin working to represent you in a way that protects your rights and your future.
