Prosectors and law enforcement treat narcotics related offenses seriously in Massachusetts; often using the minimum mandatory jail sentences to assert power and leverage over charged individuals. Notwithstanding this fact, a person charged with violating the drug laws has available to them a number of defenses relating to the stop, search, and seizure leading to the charges. In addition, a person charged with violating the drug laws will have available to them a series of defenses at trial. Attorney Ciraulo and his team will always fight to ensure our clients get the best outcome possible in their unique situation. If you have questions about your specific case or want to know how we will work hard to defend you, contact us at 617-770-3400.
Understanding Drug Crimes in Massachusetts
Drug offenses in Massachusetts vary in severity based upon the quantity and type of narcotics seized, whether the possession was for personal use or distribution, and whether you have prior arrests / convictions for similar offenses. Drug offenses include straight (or simple) possession, manufacturing, possession with the intent to distribute, and trafficking. Penalties for drug offenses in Massachusetts and United States District Court can include probation, court-ordered drug counseling, community service, and incarceration.
A drug offense can occur as a result of a car stop, a so called pat and frisk, or upon the execution of a search warrant. Search warrant arrests often times involve confidential informations (CIs), confidential sources (CSs), controlled buys, and surveillance over a period of time. Regardless of what series of events resulted in the police charging you with the narcotics related offenses, Attorney Ciraulo will assert on your behalf each and every available defense.
It is extremely important that you have on your side an attorney who is both familiar with the intricacies of the law relative to drug charges and is also willing to fight on your behalf.
Possession
It is illegal to knowingly and intentionally possess a controlled substance. This also includes prescription medications without authorization.
Manufacturing
You can be charged with various offenses for participating in any step of the production of an illegal drug. This includes the creation of a synthetic drug or the extraction of a naturally occurring drug.
Trafficking
It is against the law to sell, transport, or import a controlled substance. Trafficking is one of the most serious drug crimes, attracting harsh penalties.
Massachusetts Penalties for Drug Crime Convictions
A range of penalties are available to the Court when sentencing drug offenders, including:
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Fines
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Probation or community supervision
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Court-ordered drug counseling sessions or rehabilitation
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Community service
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Incarceration
When sentencing for a drug crime, the Court usually takes into account:
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the type and amount of drugs involved
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whether possession was for personal use or distribution
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the offender's previous convictions, especially for drug offenses
There are also mandatory minimum sentences attached to some drug offenses or for repeat offenders.
Defenses to Narcotics Offenses
A conviction for a narcotic related offense can have serious, long-lasting consequences. As such, it is critical that you consult with an attorney to assess the defenses available to your case and put together a plan to fight the charges.
Some defenses to drug crimes include:
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Motions to Dismiss
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Motions to Suppress
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Identification
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Deficiencies in the Drug Folder / Drug File / Drug Jacket
Often times, a Motion to Suppress Evidence is the appropriate manner to fight drug cases. A motion to suppress is a legal mechanism to assert that the stop, search, and seizure was conducted unlawfully by the police. If you successfully challenge the search and seizure, the case must be dismissed as the results or "fruits" of the search are no longer admissible at trial.
In other cases, you may be able to challenge the legality of a search warrant. When the police apply for, obtain, and execute a search warrant, the warrant itself must be based on reliable evidence that establishes a nexus or link between the evidence sought and the location to be searched. If there is insufficient probably cause within the "four-corners" of the affidavit in support of the search warrant or if there is some other defect in the warrant or application, the results of the search may be invalid. If you successfully challenge the search warrant, the case must be dismissed as the results or "fruits" of the search are no longer admissible at trial.
Lastly, a drug charge may be challenged at trial. Often times the challenge is based upon whether the evidence can establish you (as opposed to somebody else) knowingly and intentionally (as opposed to un-knowingly or accidentally) possessed the drugs.
Contact Attorney Ciraulo Today
Defenses to drug offenses are unique to every case. Attorney Ciraulo and his colleagues will outline for you in detail all of the defenses applicable to your case. Get started on your defense by contacting Attorney Ciraulo and his team today.