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DRUG TRAFFICKING 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 Trafficking Defense Victories
- Drug Trafficking Penalties in Massachusetts
- Massachusetts Drug Trafficking Law: Chapter 94C

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

Recent Drug Trafficking Defense Victories

Although results obtained depend on the facts of each case, and each case is different, the following drug trafficking and distribution cases are representative:

Charges:
(1) Conspiracy to Violate Drug Law
(2) Trafficking 14 grams or more of Cocaine
(3) Drug Violation in a School Zone
Police Report: Police executed a search warrant at a Fall River apartment. Upon entry into the apartment, the defendant (along with other individuals) is found to be in the residence. The defendant is located in the kitchen next to 61.5 grams of crack cocaine, a black digital scale, a box of sandwich bags, and 2.9 grams of marijuana.
RESULTS:
(1) Plea to 1 count of Simple Possession of Cocaine to be dismissed after successfully completing 1 year unsupervised probation (CWOF)
(2) DISMISSED
(3) DISMISSED

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 Trafficking Penalties

Penalties for drug sales and trafficking 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 trafficking 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 Trafficking Penalties and Sentences

Trafficking Cocaine; 14 Grams or more but less then 28 Grams
*State Prison 3-15 years
*Fine $2,500-$25,000

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

Trafficking Cocaine; 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

Heroin Trafficking Penalties and Sentences

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

Massachusetts Drug Trafficking Laws

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

(a) Any person who trafficks in marihuana by knowingly or intentionally manufacturing, distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute, dispense, or cultivate, or by bringing into the commonwealth a net weight of fifty pounds or more of marihuana or a net weight of fifty pounds or more of any mixture containing marihuana shall, if the net weight of marihuana or any mixture thereof is:

(1) Fifty pounds or more, but less than one hundred pounds, be punished by a term of imprisonment in the state prison for not less than two and one-half nor more than fifteen 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 five hundred 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.

(2) One hundred pounds or more, but less than two thousand pounds, be punished by a term of imprisonment in the state prison for not less than three 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 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.

(3) Two thousand pounds or more, but less than ten thousand pounds, 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 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.

(4) Ten thousand pounds or more, be punished by a term of imprisonment in the state prison for not less than ten 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 ten years and a fine of not less than twenty thousand nor more than two hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a) or in clause (3) of paragraph (c) of Class B of section thirty-one 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 a controlled substance as so defined, or a net weight of fourteen grams or more of any mixture containing a controlled substance as so defined shall, if the net weight of a controlled substance as so defined, 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 three nor more than fifteen years. No sentence imposed under the provisions of this clause shall be for less than a minimum term of imprisonment of three 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.

(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 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.

(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 a 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 herein.

(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 herein.

(c) Any person who trafficks 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 Drug Trafficking Lawyers at (508) 343-0676 or
CLICK HERE

Attorney James Powderly defends individuals facing Massachusetts Drug Trafficking 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.