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MASSACHUSETTS DRUG DEFENSE

POSSESSION OF HEROIN CHARGES

James Powderly is a highly successful criminal defense attorney with offices in Fall River, Massachusetts. Attorney Powderly limits his practice to the trial of criminal cases. He has had particular success in representing citizens accused of possession of heroin as well as citizens accused of large scale trafficking of heroin. Attorney Powderly is extremely experienced, always well-prepared, and fervently represents his clients' best interests. If you have been charged with a heroin related offense, contact Attorney James Powderly immediately for an initial case review.

- Recent Heroin Defense Victories
- Possession of Heroin Penalties
- Possession of Heroin with Intent to Distribute Penalties
- Trafficking Heroin Penalties
- Massachusetts Heroin Statutes: Chapter 94C

Contact Our MA Heroin Defense Lawyers at (508) 343-0676 or CLICK HERE

Before even discussing the merits of going to trial or accepting a plea bargain, Attorney Powderly always conducts a complete investigation of the case to decide if there is a motion to suppress that may be brought which might successfully resolve the case. If an officer violates your rights, then any evidence discovered as a result of that violation must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, then the evidence must be suppressed. Often times, after the fruits of an illegal detention, interrogation or search are suppressed, the government is left with very little evidence and the charges are dismissed.

If no motion to suppress can be filed on behalf of the client, Attorney Powderly will carefully assess with the client his chances of acquittal at trial. A thorough investigation of the case will be made, and if the case goes to trial, Attorney Powderly will be prepared to aggressively cross examine the government's witnesses and present favorable defense evidence.

If no suppression issues can be raised, and the client elects not to try the case, a guilty plea may be entered. Attorney James Powderly will make every effort utilizing his vast experience to insure that the client receives a favorable plea bargain. The best lawyers in trial get the best plea bargains.

Recent Massachusetts Heroin Defense Victories

Although results obtained depend on the facts of each case, and each case is different, the following heroin case is representative:

Charges:
(1) Unlawful Distribution of Heroin
(2) Possession with Intent to Distribute Heroin
(3) Conspiracy to Violate Drug Laws
(4) Assault and Battery

Police Report: Police members of a street crimes unit execute a search warrant where the defendant and two other individuals are located. The defendant attempts to flee when the police are unable to gain entry through a barricaded door. The defendant is alleged to have escaped to the roof of the building where rocks were thrown at the chasing police. The defendant was apprehended and the police seized Heroin and large amounts of cash.
RESULTS:
(1) Plea to 1 count of simple possession of Heroin and sentenced to the time he had been held on bail (less then 4 months)
(2) Nolle Prossed
(3) Nolle Prossed
(4) Nolle Prossed


Contact Our MA Heroin Defense Lawyers at (508) 343-0676 or
CLICK HERE

Massachusetts Heroin Penalties and Sentences

Possession of Heroin 1st Offense
*Imprisonment up to 2 years
*Fine up to $2,000
*Loss of Driver’s License

Possession of Heroin 2nd Offense
*State Prison 2 ½ to 5 years or House of Correction up to 2 ½ years
*Fine up to $5,000
*Loss of Driver’s License

Manufacturing/Distributing/Dispensing/Possessing with Intent to Manufacture/Distribute/Dispense Heroin; 1st Offense
*State prison up to 10 years or House of Correction up to 2 ½ years
*Fine between $1,000 and $10,000
*Loss of Driver’s License

Manufacturing/Distributing/Dispensing or Possessing with Intent to Manufacture,/Distribute/Dispense Heroin; 2nd Offense
*State prison 5-10 years
*Fine between $2,500 and $25,000
*Loss of Driver’s License

Trafficking Heroin; 14 Grams or more but less then 28 Grams
*State Prison 7-20 years
*Fine $5,000-$50,000

Trafficking Heroin; 28 Grams or more but less then 100 Grams
*State Prison 5-20 years
*Fine $5,000-$50,000

Trafficking Heroin; 100 Grams or more but less then 200 Grams
*State Prison 10-20 years
*Fine $10,000-$100,000

Trafficking Cocaine; 200 Grams or more
*State Prison 15-20 years
*Fine $50,000-$500,000

Contact Our MA Heroin Defense Lawyers at (508) 343-0676 or
CLICK HERE

Massachusetts Heroin General Laws

Chapter 94C: Section 34. Unlawful possession of particular controlled substances, including heroin

Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both, and for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years. Except for an offense involving a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter, or of a corresponding provision of earlier law relating to the sale or manufacture of a narcotic drug as defined in said earlier law, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both.

If any person who is charged with a violation of this section has not previously been convicted of a violation of any provision of this chapter or other provision of prior law relative to narcotic drugs or harmful drugs as defined in said prior law, or of a felony under the laws of any state or of the United States relating to such drugs, has had his case continued without a finding to a certain date, or has been convicted and placed on probation, and if, during the period of said continuance or of said probation, such person does not violate any of the conditions of said continuance or said probation, then upon the expiration of such period the court may dismiss the proceedings against him, and may order sealed all official records relating to his arrest, indictment, conviction, probation, continuance or discharge pursuant to this section; provided, however, that departmental records which are not public records, maintained by police and other law enforcement agencies, shall not be sealed; and provided further, that such a record shall be maintained in a separate file by the department of probation solely for the purpose of use by the courts in determining whether or not in subsequent proceedings such person qualifies under this section. The record maintained by the department of probation shall contain only identifying information concerning the person and a statement that he has had his record sealed pursuant to the provisions of this section. Any conviction, the record of which has been sealed under this section, shall not be deemed a conviction for purposes of any disqualification or for any other purpose. No person as to whom such sealing has been ordered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, indictment, conviction, dismissal, continuance, sealing, or any other related court proceeding, in response to any inquiry made of him for any purpose.

Chapter 94C: Section 32. Class A controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc.

(a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section thirty-one shall be punished by imprisonment in the state prison for not more than ten years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars, or by both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance as defined by section thirty-one of this chapter under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not less than five nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than two thousand and five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum five year term of imprisonment, as established herein.

Chapter 94C: Section 32E. Trafficking in marihuana, cocaine, heroin, morphine, opium, etc.

(c) Any person who trafficking in heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute, or dispense or by bringing into the commonwealth a net weight of fourteen grams or more of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or a net weight of fourteen grams or more of any mixture containing heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof shall, if the net weight of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or any mixture thereof is:—

(1) Fourteen grams or more but less than twenty-eight grams, be punished by a term of imprisonment in the state prison for not less than five nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(2) Twenty-eight grams or more but less than one hundred grams, be punished by a term of imprisonment in the state prison for not less than seven nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of seven years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) One hundred grams or more but less than two hundred grams, be punished by a term of imprisonment in the state prison for not less than ten nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of ten years, and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than fifteen nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of fifteen years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.

Contact Our MA Heroin Defense Lawyers at (508) 343-0676 or
CLICK HERE

Attorney James Powderly defends individuals facing Massachusetts Heroin Possession Charges in: Allston, Arlington, Attleboro, Belmont, Boston, Braintree, Brighton, Brockton, Brookline, Cambridge, Charlestown, Dedham, Everett, Fall River, Framingham, Gloucester, Hyde Park, Jamaica Plain, Lawrence, Lexington, Lowell, Lynn, Malden, Medford, Middlesex County, New Bedford, Needham, Newton, Norfolk County, Plymouth, Quincy, Revere, Roxbury, Salem, Saugus, Somerville, South Boston, Springfield, Suffolk County, Taunton, Walpole, Waltham, Wareham, Watertown, West Roxbury, Winchester, Worcester, Worcester County and Wrentham.

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.