Drug Related Arrest Lawyer
When it comes to Drug Defense my office is dedicated to Constitutional Based Defenses. My office stresses that the search and seizure be done legitimately by the law enforcement officers. We will be analyzing police reports, grand jury minutes, and search warrant affidavits to make sure the procedure was done correctly. When the procedure was done incorrectly, we will be cross-examining arresting officers to attack their credibility and illicit the truth on how the drugs were improperly seized. In order to preserve your future and your freedom, you need a Drug Defense Attorney who is willing to fight for you. My office has obtained numerous dismissals and not guilty verdicts in felony drug cases.
In Massachusetts, the government prosecutes people aggressively who have been charged with possessing large amounts of cocaine, heroin, marijuana, methamphetamines and prescription drugs. Additionally, possession charges are often accompanied with distribution charges and sometimes school zone drug charges. The consequences of being convicted of drug possession charges include: prison time, probationary period, a permanent criminal record and the loss of your driver’s license.
In Massachusetts, Possession with Intent to Distribute a Controlled Substance (drug) is a felony. A conviction for distributing drugs can result in a prison sentence, probationary period, permanent criminal record and minimum mandatory sentences. A minimum mandatory sentence means that a judge will not have any discretion to impose a lesser sentence. The most common charges that are associated with Drug Distribution involve the drugs of: marijuana, cocaine, methamphetamine, prescription drugs and heroin.
In Massachusetts, you can be indicted for Drug Trafficking if you are caught with a certain quantity of drugs. The larger the quantity of the drug that you are caught with, the longer the prison sentence you will face if you are convicted. For example, in Massachusetts, if you are caught with 14 grams (or more) of heroin you can be charged with Drug Trafficking and face a minimum mandatory jail sentence. It may not matter that law enforcement officers did not catch you actually selling the drug, the mere quantity that you were caught with can trigger the Drug Trafficking charge. However, many times there are deficiencies in the way that law enforcement officers go about obtaining the drugs. There are certain Constitutional guidelines that need to be followed, so the evidence that the police seized – e.g., drugs, drug paraphernalia money, etc… may be thrown out because of a bad search and seizure of the evidence.
A Controlled Substance is any type of drug whose possession and use is regulated by law, including a narcotic, a stimulant, or a hallucinogen. In Massachusetts, we have statutes that regulate Controlled Substances that are designed to control the distribution, classification, sale, and use of certain Controlled Substances. Anyone who is not licensed to a sell Controlled Substance or who does not possess a proper prescription for a Controlled Substance is subject to penalties under Massachusetts Law.
A Narcotics Charge can have a devastating effect on one’s job, family, friends and loved ones. Being charged with a Narcotics Charge can make people see you in a different light. If convicted of a Narcotics Charge you could be facing imprisonment, Court mandated drug rehabilitation programs, Probation, Community Service, loss of one’s Driver’s License and Monetary Fines.
School Zone Drug Charge
Thousands of people are charged with a School Zone Drug Charge every year. Many of these people are charged with a School Zone Drug Charge even when they have not been selling drugs within the School Zone. In Massachusetts, you do not need to be caught in the act of making a drug sale to be charged with a School Zone Offense. You just need to be caught with a large enough quantity of the drug or have the appearance through packaging and other indicators (money, drug paraphernalia, records, etc…) that a drug sale could be taking place within the School Zone. A School Zone Drug Charge carries a minimum mandatory two year jail sentence.
Minimum Mandatory Sentence
In Massachusetts, many drug charges carry a Minimum Mandatory Jail Sentence. A Minimum Mandatory Jail Sentence means that if you are convicted a Judge has no discretion to reduce the jail sentence or just give you probation instead. The Judge is mandated by statute to impose the Minimum Mandatory Sentence even if there are mitigating circumstances. In order to circumvent a Minimum Mandatory Sentence you need an attorney who can negotiate with a prosecutor to drop the particular charge that carries the Minimum Mandatory Sentence or an attorney who can convince a jury or judge that the charge simply does not apply in this case.
Drug Crime Defense
In Massachusetts, thousands of people are charged with Drug Crimes every year. The U.S. Controlled Substances Act sets the criteria for what constitutes criminal offenses in the manufacture, possession, sale and abuse of drugs. According to state and federal laws, a controlled substance considered to be a drug can be:
|· Other illegal substances
· Altered over-the-counter drugs
· Illegally prescribed or abuse of prescription drugs
The severity of the punishment for a Drug Crime depends on the type of substance, the quantity, the intent of possession, and local, state and federal laws. Prosecutors and Law Enforcement Officers take Drug Crimes more and more seriously, each and every year.
Prosecutors are often looking for defendants to serve jail time as opposed to a Probation Period; this is why it is imperative that you hire a skilled and knowledgeable Drug Crime Defense Attorney.
If you or someone you know has been arrested for a drug-related crime, please do not hesitate to contact experienced Massachusetts Attorney Paul R. Moraski today, at (978) 744 – 1200.