Drug trafficking is handled very seriously in the Commonwealth of Massachusetts and is often accompanied by minimum mandatory sentences and significant incarceration. If you been charged or arrested with possession of marijuana, cocaine, heroin, morphine, opium and other controlled substances with the intent to distribute or distribution you need to know your legal rights and defenses to that charge? If you been accused of Trafficking due to a larger quantity of illegal drugs then your exposure is even greater.
Many trafficking sentences have severe state or federal mandatory guidelines – but strong and aggressive representation can make a difference. Criminal Attorney Bonavita, located in Newburyport, Ma. has extensive experience prosecuting drug trafficking charges as a former prosecutor in the Narcotics Division of the Suffolk County District Attorney’s Office. Attorney Bonavita will aggressively defend your drug trafficking charges. Call 978-376-6746 immediately or click click here-bonavitalawoffice to send an email.
The decision to indict a case under the Trafficking statute is based, for the most part, on the amount of illegal drugs in possession. In order to strengthen the argument, the prosecutor may cite the presence of drug distribution paraphernalia (plastic bags, envelopes, scales, etc.), existence of incriminating external factors such as multiple residences or vehicles and associated registration/lease information or a large amount of cash.
You need a Massachusetts criminal attorney who understands the defenses that will work to protect your freedom. If your Attorney can clearly demonstrate that the incriminating evidence was illegally seized, it may be possible to have the case dismissed. Additionally, in some cases, a trafficking charge is inappropriate due to a lack of evidence offered at the Grand Jury or submitted during the pre-trial phase. In almost every drug related offense, the police seize evidence which they intend to put forth is that case is brought to trial. As such, knowledge of your Constitutional Rights and Due Process Rights under the United States and Massachusetts Constitutions are paramount. If the police did not legally seize evidence, that evidence could be suppressed and ultimately the case dismissed. Massachusetts Criminal Attorney Kristen Farrell Bonavita will work with the prosecutor’s office to determine exactly why the charge was trafficking and not a lesser included, and explore every angle to render the best possible disposition in your case.
If you have been charged with trafficking of controlled substance, it is vital that you contact the Law Office of Criminal Attorney Bonavita immediately at 978-376-6746 or fill out the confidential case evaluation form.
Cocaine Trafficking in Massachusetts
Cocaine trafficking in Massachusetts is the possession with the intent to distribute or the actual distribution of a certain amount of cocaine, a Class B substance in Massachusetts. While Cocaine is the most frequent class B trafficking offense, the penalties under this statute also pertain to Trafficking in LSD, Ecstasy, Oxycontin/oxycodone, hydrochloride, Amphetamine, Methamphetamine and any other class B substance as defined by chapter 94C, section 31 of the Massachusetts General Laws.
Sentences for trafficking in cocaine, and other class B controlled substances, are extremely harsh and impose sentences mandated by the State of Massachusetts. An aggressive defense by a Attorney Bonavita is, without question, your best and only option.
- 14 grams – 28 grams (1oz), the Court must impose a mandatory three (3) year state prison sentence.
- 28 grams (1oz) – 100 grams of cocaine, Massachusetts requires a five (5) year mandatory state prison sentence
- 100 grams – 200 grams of cocaine, the mandatory sentence is ten (10) years in state prison.
- 200+ grams or more of cocaine mandates a fifteen (15) year state prison sentence.
Heroin, Morphine and Opium Trafficking in Massachusetts
Heroin, Morphine and Opium trafficking in Massachusetts is the possession with the intent to distribute or the actual distribution of a certain amount of heroin, a Class A substance in Massachusetts.
- 14 grams – 28 grams (1oz), the Court imposes a mandatory five (5) year state prison sentence.
- 28 grams (1oz) – 100 grams, Massachusetts requires a seven (7) year mandatory state prison sentence
- 100 grams – 200 gram, the mandatory sentence is ten (10) years in state prison.
- 200+ grams the punishment is a fifteen (15) year mandatory state prison sentence.
Trafficking Marijuana
The weight threshold to be charged with Trafficking in Marijuana is much higher than that of other controlled substances, but the penalties are equally as harsh as the quantities increase.
- 50 – 100 pounds state prison time of between 2 1/2 and 15 years, with a mandatory minimum sentence of one (1) year.
- 100 – 2,000 pounds, three (3) year mandatory sentence.
- 2,000 – 10,000 pounds, five (5) year mandatory sentence
- 10,000+, ten (10) year mandatory sentence
If you have been charged with trafficking of controlled substance, it is vital that you contact Criminal Attorney Bonavita at 978-376-6746 or send her an email immediately.