DRUG TRAFFICKING

drug-trafficking-smallFor over almost 20 years, I have been representing individuals that have been charged with or are being investigated for drug trafficking. The crime of drug trafficking is governed by Massachusetts General Laws Chapter 94C Section 32E.  Drug trafficking is the most serious drug crime that you can be convicted of in Massachusetts. I have extensive background in representing individuals charged with drug offenses. In 2003, I appeared on the O’Reilly Factor for a ground breaking case that involved the suppression of a KILO of cocaine. I utilized statistical analysis to show that the Massachusetts State Trooper who stopped my clients vehicle was pulling over and searching minorities at a significantly greater rate than Caucasians. The crime of drug possession is defined as the direct physical control of a controlled substance. In order for an individual to be convicted, he or she must knowingly and intentionally possess a controlled substance from one of the 5 drug classes listed above. A controlled substance will also be considered to be in someone’s possession if the individual has the ability to exercise control over it. This is called constructive possession.

DRUG TRAFFICKING PENALTIES

The penalty structure is listed below.

Marijuana

The punishments in Massachusetts for trafficking Marijuana are as follows:

  • 50 pounds or more will result in a punishment of 2.5 to 15 years in state prison or 1 to 2.5 years in jail.  There is a mandatory minimum sentence of 1 year in state prison.
  • 100 pounds up to 2,000 pounds will result in a punishment of 3 to 15 years in state prison.  There is a mandatory minimum sentence of 3 years in state prison.
  • 2,000 pounds up to 10,000 pounds will result in a punishment of 5 to 15 years in state prison.  There is a mandatory minimum sentence of 5 years in state prison.
  • 10,000 plus pounds will result in a punishment of 10 to 15 years in state prison.  There is a mandatory minimum sentence of 10 years in state prison.

Cocaine

The punishments for trafficking Cocaine in Massachusetts are as follows:

  • 14 grams up to 28 grams will result in a punishment of 3 to 15 years in state prison.  There is a mandatory minimum sentence of 3 years in state prison.
  • 28 grams up to 100 grams will result in a punishment of 5 to 20 years in state prison.  There is a mandatory minimum sentence of 5 years in state prison.
  • 100 grams up to 200 grams will result in a punishment of 10 to 20 years in state prison.  There is a mandatory minimum sentence of 10 years in state prison.
  • 200 grams or more will result in a punishment of 15 to 20 years in state prison.  There is a mandatory minimum sentence of 15 years in state prison.

Heroin

The punishments for trafficking Heroin are as follows:

  • 14 grams up to 28 grams will result in a punishment of 5 to 20 years in state prison.  There is a mandatory minimum sentence of 5 years in state prison.
  • 28 grams up to 100 grams will result in a punishment of 7 to 20 years in state prison.  There is a mandatory minimum sentence of 7 years in state prison.
  • 100 grams up to 200 grams will result in a punishment of 10 to 20 years in state prison.  There is a mandatory minimum sentence of 10 years in state prison.
  • 200 grams or more will result in a punishment of 15 to 20 years in state prison.  There is a mandatory minimum sentence of 15 years in state prison.

 

Schedule a Free Initial Consultation.

I have had tremendous success in the area of my practice and understand what needs to be done in order to increase your chances of obtaining a successful result.  If you have questions, please contact me at my office at (508) 791-9001 or by cell phone at (508) 769-7995.   You may also e-mail me Michael@criminaldefenseworcester.com or text me.  I take great pride is a very quick response time and will promptly schedule a free initial consultation at your convenience.  I have also begun to conduct quite a few meetings via FACETIME or SKYPE for those clients who are either out of state or have license issues.