Dudley, Massachusetts Drug Trafficking Lawyer
If you have ever been arrested for a drug trafficking in Dudley, you will want to consider hiring a drug trafficking attorney who has experience dealing with Massachusetts court system for drug trafficking charges. Specifically, you will need a confident trial lawyer who is able to communicate your theory of defense to the judge or jury.
Drug Trafficking in Massachusetts (M.G.L. 94C § 32E)
(a) Trafficking marijuana with the intent to distribute in Massachusetts:
(1) 50 lbs-100 lbs. - imprisonment in a jail or house of correction for 1-2.5 years
(2) 100 lbs-2,000 lbs. - imprisonment in state prison for 2-15 years
(3) 2,000 lbs-10,000 lbs. – imprisonment in state prison for 3.5-15 years
(4) 10,000 lbs. or more – imprisonment in state prison for 8-15 years
(b) Trafficking a controlled substance with the intent to distribute Massachusetts:
(1) 18 g.-36 g. – imprisonment in a state prison for 2-15 years
(2) 36 g.-100 g. – imprisonment in state prison for 3.5-20 years
(3) 100 g-200 g. – imprisonment in state prison for 8-20 years
(4) 200 g or more – imprisonment of 12-20 years
(c) Trafficking any type or salt of heroin, morphine, or opium with the intent to distribute/manufacture in Massachusetts:
(1) 18 g.-36 g. – imprisonment in state prison for 3.5-30 years
(2) 36 g.-100 g. – imprisonment in state prison for 5-30 years
(3) 100 g.- 200 g. – imprisonment in state prison for 8-30 years
(4) 200 g. or more – imprisonment in state prison for 12-30 years
Trafficking in narcotics involves distribution of a large quantity of narcotics.
Defenses to Drug Trafficking in Dudley, Massachusetts
It is often the case that the primary way to attack a drug trafficking charge is to attack the legal basis of the seizure of the drugs. There are 3 ways generally to attack a seizure of drugs in a drug case:
- Challenge the basis for the police to stop your car; order you from the car and to search your vehicle;
- Contest any search warrant to search your home based on a lack of probable cause;
- Challenge any search of your person under the Constitution.
- Compulsion, Duress/Coercion – the Defendant was under unlawful threat of death or serious bodily injury forcing him to violate the laws.
- The defendant must (1) receive an immediate or imminent threat of death or serious bodily injury; (2) have a reasonable fear that the threat will be carried out; and (3) there was no reasonable opportunity for the defendant to escape the threatened harm except by committing the criminal act.
- Necessity – the Pressure of the circumstances causes the defendant to violate criminal law in order to avoid a greater harm that would have resulted if he complied with the law
- Lack of Knowledge – You may be able to show that you did not know that the drugs were in your vehicle or wherever they were found.
- Entrapment – Government inducement of criminality to one who was not predisposed to the crime. In drug trafficking the government may induce the defendant to sell drugs in a particular amount in order to trigger a mandatory minimum sentence
- Mitigation- Often times people become victims of drug traffickers and forced to transport illegal drugs. You could be able to mitigate your role in the transportation of the drugs.
- Motion to Suppress/Throw Out Evidence – You can argue that the police did not have a warrant or consent to conduct a search and seizure. As a result, we may be able to get the evidence suppressed.