Next to DUI / OUI charges, drug offenses are among the most common criminal charges brought in the Commonwealth. Most people don't understand how serious our drug laws are in Massachusetts, and they view the "average drug defendant" in an entirely erroneous light: Ask most people to describe the average person charged with a drug crime in Massachusetts, and they will conjure up images of a sleazy, BMW-driving dope dealer, selling heroin to young children in schoolyards. Not so, at all.

Some Background on Drug Cases In Massachusetts:

The truth? Most drug cases are much less dramatic. Most defendants (though not all) use or sell small quantities of marijuana, Ecstasy or similar. These are called "Class D" offenses in Massachusetts, and are relatively minor. Most cases involve sales of $10 or $20, and carry smaller penalties. As criminal charges are concerned, this is called simple "Possession." Again, we stress: This is what most cases that we have seen look like. While there are certainly far more serious ones, they typically represent the exception, not the rule. Teenagers and college-age students typically experiment with marijuana and other relatively minor drugs. If charged and convicted, the resulting criminal record will follow them for the rest of their lives. On an immediate basis, it can even disqualify them for federal financial aid in college. Conviction of a charge like this is not something that should happen to a young person starting out in life. People have even been arrested for carrying their own prescription painkillers, but did not have their prescription bottle on their person at the time the police stopped them.

Things can get more serious than simple possession, though. A charge of "trafficking" in illegal drugs is very different, and carries much more severe penalties. A charge "trafficking" means that you are being accused of selling and distributing large amounts of a prohibited drug.

There are several "markers" that lead police and prosecutors to the use of trafficking charges. One is the mere quantity of illegal drugs found. One "marker" the police look for is whether the amount of the drug found, is more than a recreational or casual user would typically have on hand for personal use. Also, if drug paraphernalia is found - weighing scales, envelopes, measuring tools, plastic bags, mixing ingredients, etc., or large amounts of undocumented cash are present at the scene, this will almost automatically produce a charge of trafficking. Not surprisingly, police like to land "bigger busts" and are often overeager when trying to land "trafficking" cases. This is often seen in the typical "sting" operation, which police use to make arrests. Often, an undercover police officer buys a small quantity of contraband from his target. After several small purchases, he tells the seller that he can "move" a larger quantity of the substance. He then arrests his target for dealing large quantities, which nets him a "bigger bust" of "trafficking" in his police department. If you have been arrested on a drug charge in Massachusetts, contact us for a free initial consultation. We appear before all District and Superior Courts in Eastern Massachusetts. We can provide you with the help you need.

Some Brief Answers to Two Common Questions:

Are the penalties for trafficking drugs in Massachusetts all the same, no matter what kind of drug is involved?

No, the penalties in Massachusetts for drug trafficking vary, according to the type of contraband involved, the amount of the drug involved, and whether the defendant has previous drug trafficking offenses/convictions.

I was arrested for possessing a small amount of a controlled substance. I don't feel this is a serious offense. What can you do to help me?

As with many drug cases, the first legal mechanism we typically employ on behalf of our defendants charged with this type of crime are several Motions To Suppress. These types of Motions are used to exclude evidence seized by the police in violation of certain constitutional rights you have. The police are prevented from bringing into evidence anything obtained in violation of your constitutional rights under the circumstances. In sum, the objective is to get the evidence thrown out of court.

If the facts do not support a Motion To Suppress in a given situation, there are several other defenses available in drug cases. These commonly relate to who was in actual possession of the contraband (for example, if they are found in a car with passengers, or in an apartment with more than one tenant). Prosecutors sometimes charge "Possession With Intent To Distribute" (a more serious charge than mere Possession) when a person is arrested with only relatively small quantities of drugs. When this happens, we can possibly reduce the formal charges to simple Possession.

We have effectively defended cases involving a wide range of drug-related offenses, including the following:

• All Drug Possession cases
• All Drug Possession with intent to sell and/or distribute cases
• All Drug Trafficking cases
• All Drug Manufacturing

In Massachusetts, drug offenses can bring grave legal consequences, including mandatory minimum jail sentences and forfeiture of a driver’s license. A criminal record stemming from any drug offense can haunt a person for possibly the rest of his or her life. A criminal record of drug offense(s) can crush a person’s employment potential, and limit prospects to gain admission to college or graduate school, and/or secure a scholarship. A criminal record of a drug offense(s) can also seriously reduce the prospect of obtaining citizenship in the United States, and can also serve as the basis for deportation.

If you are arrested and charged with a drug offense in Massachusetts, it is critically important that you immediately contact a qualified criminal defense attorney, in order to secure all possible legal defenses that are available. We practice before all District and Superior Courts in Eastern Massachusetts. Contact us for a free initial consultation and we can discuss the particulars of your case.