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DRUG DISTRIBUTION DEFENSE

If you have been arrested for a Massachusetts drug trafficking offense, then you have your version of events and the police have theirs. Usually those two aren't the same. What do you do then?

Attorney James Powderly is a Massachusetts Drug Trafficking defense lawyer who has successfully represented hundreds of drug cases, from simple possession to distribution and trafficking offenses. Drug sales and drug trafficking charges are serious. They can carry a mandatory minimum prison sentences, large fines, and can result in deportation if you are an immigrant to the U.S., even if you are a legal immigrant.

Contact Attorney James Powderly today so that he can review the facts surrounding your case and establish a working relationship with you to ensure that you receive the best results for your Massachusetts drug trafficking case.

- Recent Drug Distribution Defense Victories
- Drug Distribution Penalties in Massachusetts
- Massachusetts Drug Distribution Law: Chapter 94C

Contact Our Drug Distribution Lawyers at (508) 343-0676 or CLICK HERE

Attorney Powderly will ensure that you fully understand the charges that you are facing and what your options are. Most criminal cases require some investigation before he can give you an opinion about the likely outcome of your case and your defense options. Attorney Powderly always thoroughly investigates your case to find legal defenses and criminal procedure errors. Some of the potential ways to defeat your Massachusetts Drug Trafficking charge is to challenge police procedure. These challenges include:

• Did the officers follow correct search and seizure procedures?
• Was your vehicle stopped for a valid reason?
• Were the drugs actually in your possession and control, or were your merely present at the scene of a crime?
• Are the police or prosecutors making a big case out of a small case?

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

Contact Our Drug Distribution Lawyers at (508) 343-0676 or CLICK HERE

Recent Drug Distribution Defense Victories

Although results obtained depend on the facts of each case, and each case is different, the following drug distribution cases are 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: Members of the Police Street Crimes unit executed a search warrant where the defendant and two other individuals were located. The defendant attempted to flee when the police were 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 amended 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

Charges:
(1) Possession with Intent to Distribute Marijuana
(2) Possession of Marijuana
Police Report: Police conducted a traffic stop in which the defendant was one of three individuals in the car. The officer smelled a strong odor of marijuana emanating from the car and the vehicle’s registration had expired. Prior to towing the car, the officer searched a bag, which was located directly next to the defendant, containing a box of sandwich bags, five separate bags of marijuana and a scale.
RESULTS:
(1) NOT GUILTY AFTER TRIAL
(2) NOT GUILTY AFTER TRIAL

Charges:
(1) Possession with Intent to Distribute Marijuana
(2) Conspiracy to Violate the Drug Laws
Police Report:
Police conduct a traffic stop in which the defendant is a passenger in the car. The driver provides false information to the police and is arrested for driving on a suspended license. The police locate 1 pound of marijuana in the car, which the driver says belongs to the defendant.
RESULTS:
(1) DISMISSED
(2) DISMISSED

Contact Our Drug Trafficking Lawyers at (508) 343-0676 or
CLICK HERE

Massachusetts Drug Distribution Penalties

Penalties for drug distribution crimes vary greatly according to factors such as:
1. The quantity of the controlled substance involved in the transaction
2. The kind and quality of substance
3. Intent of the person possessing, or distributing, the controlled substance
4. State versus federal charges
5. Criminal history of the accused

Possible penalties for drug distribution charges include:
• Formal or informal probation period
• County jail or state prison time
• Drug counseling and rehabilitation
• Drug testing
• Court fines and fees
• Forfeiture of assets (cash or real estate) derived from drug sales

Cocaine Distribution Penalties and Sentences

Manufacturing/Distributing/Dispensing/Possessing with Intent to Manufacture/Distribute/Dispense Cocaine; 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 Cocaine; 2nd Offense
*State prison 3-10 years
*Fine between $2,500 and $25,000
*Loss of Driver’s License

Heroin Distribution Penalties and Sentences

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

Contact Our Drug Distribution Lawyers at (508) 343-0676 or
CLICK HERE

Massachusetts Drug Distribution Laws

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 32A. Class B 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 B 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 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 other 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 three nor more than ten years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of three 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 term of imprisonment, as established herein.

(c) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense phencyclidine or a controlled substance defined in clause (4) of paragraph (a) or in clause (2) of paragraph (c) of class B of section thirty-one shall be punished by a term of imprisonment in the state prison for not less than two and one-half nor more than ten years or by imprisonment in a jail or house of correction for not less than one nor more than two and one-half years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of one year and a fine of not less than one thousand nor more than ten thousand dollars may be imposed but not in lieu of the mandatory minimum one year term of imprisonment, as established herein.

(d) Any person convicted of violating the provisions of subsection (c) 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 in section thirty-one or of any offense of any other jurisdiction, either 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 and a fine of not less than two thousand five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

Chapter 94C: Section 32B. Class C controlled substances; unlawful manufacturer, 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 C of section thirty-one shall be imprisoned in state prison for not more than five 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 five hundred nor more than five thousand dollars, or 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 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 two and one-half nor more than ten years, or by imprisonment in a jail or house of correction for not less than two nor more than two and one-half years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of two years and a fine of not less than one thousand nor more than ten thousand dollars may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.

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

(a)
Any person who knowingly or intentionally manufactures, distributes, dispenses or cultivates, or possesses with intent to manufacture, distribute, dispense or cultivate a controlled substance in Class D of section thirty-one shall be imprisoned in a jail or house of correction for not more than two years or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing, cultivating or possessing with intent to manufacture, distribute, dispense or cultivate a controlled substance as defined by section thirty-one 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 a jail or house of correction for not less than one nor more than two and one-half years, or by a fine of not less than one thousand nor more than ten thousand dollars, or both such fine and imprisonment.

Chapter 94C: Section 32D. Class E 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 E of section thirty-one shall be imprisoned in a jail or house of correction for not more than nine months, or by a fine of not less than two hundred and fifty nor more than two thousand and five hundred dollars, or 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 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 a jail or house of correction for not more than one and one-half years, or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.

Contact Our Drug Distribution Lawyers at (508) 343-0676 or
CLICK HERE

Attorney James Powderly defends individuals facing Massachusetts Drug Distribution 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.