Simple possession of drugs for personal use is a common charge.there is a heroin
epidemic in Massachusetts and all over the country. Heroin and opiate is a drug
which creates a strong craving in addicts. Heroin addicts are responsible for a
large amount of petty theft and armed robberies all for the purpose of getting
their next fix. Possession of drugs for personal use including heroin, cocaine,
ecstasy and prescription medications is dealt with every day in the Boston
courts. Sentences may become severe if a person becomes a repeat offender and also engages in violent crime to satisfy their addiction.
Other drug crimes include drug trafficking which basically is the possession of
a large amount of drugs which by law is considered to be an amount for
distribution. Trafficking in drugs in Massachusetts can lead to long mandatory
minimum sentences. Depending on the type of drug and the amounts
increasing mandatory minimums will apply. Possession of 18 grams of heroin
carries a 3 1/2 year mandatory minimum sentence in Massachusetts. Possession of over 18 g of cocaine carries a two-year mandatory minimum sentence. It is a sliding scale from there, all the way to over 200 g and more
triggering a 12 year mandatory minimum sentence. Drug trafficking in
Massachusetts is treated very seriously and can be prosecuted both in state and
Federal agents engage in long surveillance operations in which
they tap phones and keep an eye on suspects getting as much evidence as possible before moving in and arresting all those involved. A group engaged in drug trafficking can be charged with conspiracy to distribute drugs in both state and federal court which is a charge that cast a wide net and makes it easy to prosecute anyone who did anything to further the conspiracy. A person who does not even handle the drugs but rather perform some other function in the conspiracy can still be held responsible for the whole amount of drugs that was reasonably foreseeable in the conspiracy. A conspiracy criminal charge in Massachusetts can hold someone responsible for the entire group and the entire amount of drugs involved. Conspiracy charges are very broad and benefit the prosecutor in that anyone can be dragged up and considered as to helping the conspiracy.
Possession with intent to distribute a drug is charged when someone has
possession of an amount which is not enough to trigger trafficking but it
appears to be packaged or other evidence exists which suggests it was to be
distributed. Other evidence suggesting distribution are multiple cell phone, large
amounts of cash, scales, baggies and any other drug distribution paraphernalia. Possession with intent to distribute can carry a harsher sentence then
possession for personal use.
As a Boston criminal drug trafficking attorney Frank Fernandez as represented
many clients in both state and federal court charged with drug
trafficking, possession with intent to distribute or possession of drugs for
In Massachusetts if you were caught selling drugs within 300 feet of a school
zone or park this triggers a mandatory minimum sentence of two years on
and after any sentence for the distribution itself. The school zone charge or
distribution near a park or playground can lead to this added charge.
Call a drug lawyer in Boston with experience if charged with any type of drug
crime to get a free consultation call Frank Fernandez at 617-393-0250.