Drug Distribution in Massachusetts
Depending on the circumstances, a person can be charged with a variety of drug offenses in Massachusetts. For example, if a small amount of a “controlled substance” is found on a person, in a car or in a home-and there is no other drug paraphernalia-then the police often charge a defendant with simple “possession” of the contraband. Possession of a controlled substance is a misdemeanor.
However, if the police find a large amount of the substance or the substance is accompanied with baggies, scales, a large amount of money, “client” lists and baggie twists, a defendant will usually be charged with possession of a controlled substance with intent to distribute. Unless the substance is marijuana, this crime is a felony. Finally, if the defendant makes a sale to an undercover officer, he or she will face charges for illegal distribution of a controlled substance.Is It Necessary To Have A Lawyer For This Type Of Crime?
If you have been charged with distribution of a controlled substance or possession with intent to distribute a controlled substance, including heroin, cocaine, marijuana, oxycontin, ecstasy or any other controlled substance, you need an experienced Massachusetts Criminal Drug Defense Lawyer.
Depending on the circumstances, you could face the possibility of going to prison for up to ten years or to jail for up to two and one-half years. If you have previously been convicted of this offense, you may face a term of imprisonment ranging from five to fifteen years. No sentence imposed for a second or subsequent offense of distribution of a controlled substance will be for less than the mandatory minimum term of imprisonment.
Conviction for these offenses also carries collateral consequences, such as the suspension of your driver's license for a period of time. Attorney Kathleen M. McCarthy has over twenty years’ experience in the criminal court system. Attorney Kathleen M. McCarthy can explain what your options are. Successful trial strategy and negotiations must be developed in the early stages of the case. Attorney McCarthy's experience as a former prosecutor and current defense attorney is invaluable to a positive resolution of your case.
You can be charged with distribution if you knowingly deliver or distribute a controlled substance to another person. In most cases, it is not necessary that you accept money after the substance is distributed, and the sharing of a controlled substance among a group is sufficient to charge you with distribution of a controlled substance. However, the recent Regulation and Taxation of Marijuana Act provides that one may “give away,” but not sell, up to one ounce of marijuana to a person 21 years of age or older, as long as the transfer is not publicly advertised or promoted.
Trial preparation and strategy include the filing of appropriate pre-trial motions for discovery, motions to dismiss and motions to suppress. A successful outcome on these motions may lead to the outright dismissal of serious drug charges and the end to your legal troubles. Drug distribution Defense Attorney Kathleen M. McCarthy will tirelessly work to avoid the imposition of a mandatory minimum sentence.What Types Of Pre-Trial Motions Should An Attorney File To Successfully Defend This Type Of Case?
The following motions are critical to file in order to develop a successful defense:
- Filing of pre-trial discovery motions
- Filing of motion relative to informant identify if appropriate
- Filing of motion relative to surveillance location if appropriate
- Filing of motion relative to inventory policy if appropriate
- Filing of motion to suppress
- Filing of motion to dismiss