Drug Crimes

 

Massachusetts Drug Defense Attorney

 

  
 At the Law Offices of Michael R. St. Louis, we have the drug defense experience and expertise to successfully defend these types of charges. We will explore creative legal solutions that are specifically tailored to meet your needs in order to resolve your matter. Motions to dismiss, motions to supress evidence based on illegal searches and unreliable informants are just part of our drug defense tactics. 

 

 

Massachusetts General Laws Chapter 94C governs the drugs laws and penalties. Massachusetts general law Chapter 94C Section 32J also governs drug penalties within school zones and public parks.  An individual who is convicted of a school zone drug violation may be sentenced to 2.5 years to 15 years in the state prison or 2.5 years in a jail or house of correction. There is a mandatory minimum sentence of 2 years imprisonment.

 

   

 

MARIJUANA DRUG LAWS

 

 

Marijuana possession is governed by M.G.L. 94C Sect. 32C.   Marijuana is a class "D" substance. Penalties can lead to up to 6 months in jail and a fine of up to $500 for first offenders. Second offense can result in up to 2 years and a $2000 fine. First time offenders with no previous convictions can have their case continued without a finding, but face a 1 year loss of license. Possession of less then 1 ounce is a violation only that carries a fine of up to $100. If you are under 18, you are required to attend a drug awareness program. No such violation shall be grounds for denial of student aid.

 

 

Marijuana possession with intent to distribute is governed by M.G.L. Chap.94C,.  Intent to distribute can be inferred from various sources such as amounts involved, drug paraphernalia found or associations with known narcotic informers.  The penalty for first time offenders is 2 year jail sentence and a $500 fine or both. Second or subsequent offenders face a minimum 1 year jail sentence and a 2 ½ year maximum jail sentence. There is also a fine of at least $1,000 and up to $10,000 dollars for anyone convicted of a second and subsequent possession with intent to distribute marijuana offense. There is also a mandatory loss of license for 2 years for first time offenders.

 

 

Marijuana trafficking falls under MGL Chap. 94C, Sect. 32E. If you possess between 50 lbs and 100 lbs., then the penatly is a state prison term for not less than two and one-half nor more than fifteen years or by imprisonment in a jail or house of correction for not less than one nor more than two and one-half years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of one year and a fine of not less than five hundred nor more than ten thousand dollars may be imposed but not in lieu of the mandatory minimum one year term of imprisonment, as established herein.

 

 

COCAINE DRUG LAWS

 


Cocaine possession
is governed by MGL Chap.94C, Sect.34.  Cocaine is a class "B" substance. If you are convicted of cocaine possession for the first time you could face up to 1 year in jail and a fine of up to $1000. You also face an automatic loss of license for 1 year.

 

 

Cocaine possession with intent to distribute is governed by M.G.L. Chapter 94C Section 32A. The penalty for this offense  is a 2 ½ year jail sentence and a fine of not less than $1,000 and up to $10,000.  Second and subsequent offenders can face a 3 year mandatory state prison sentence and a maximum sentence of 10 years. Fines in the range of $2,500 to $25,000. You also face a mandatory 3 year loss of license.

  

 

Cocaine trafficking is governed by MGL Chapt. 94C, Sect. 32E. Below are the penalties based on the amount involved.



      (1) Fourteen grams or more but less than twenty-eight grams is punished by a term of imprisonment in the state prison for not less than three nor more than fifteen years. No sentence imposed under the provisions of this clause shall be for less than a minimum term of imprisonment of three years, and a fine of not less than two thousand five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

 

     (2) Twenty-eight grams or more, but less than one hundred grams is punished by a term of imprisonment in the state prison for not less than five nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of five years, and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

 
     (3) One hundred grams or more, but less than two hundred grams is punished by a term of imprisonment in the state prison for not less than ten nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of ten years and a fine of not less than ten thousand nor more than one hundred thousand dollars ma be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.


                                                                                                    

 HEROIN DRUG LAWS


Heroin drug laws are governed by M.G.L. Chapt. 94C, Sect.34. Heroin is a class "A" substance. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both, and for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years.

 

 

Heroin possession with intent to distribute is governed by M.G.L. Chapter 94C Section 32.  If you are found guilty of this offense you face up to 2 ½ years in jail or 10 years in state prison for a first offense. There is also a fine of $1,000 to $10,000.  If you are convicted of this crime a second time you are looking at a mandatory minimum 5 year prison sentence and as much as 15 years. 

 

 

Heroin trafficking is governed by MGL Chapt. 94C, Sect. 32E. Below are the penalties based on the amounts involved.



       (1) Fourteen grams or more but less than twenty-eight grams is punished by a term of imprisonment in the state prison for not less than five nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

 

      
       (2) Twenty-eight grams or more but less than one hundred grams is punished by a term of imprisonment in the state prison for not less than seven nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of seven years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.

  

     
        (3) One hundred grams or more but less than two hundred grams is punished by a term of imprisonment in the state prison for not less than ten nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of ten years, and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.

 

 

 

Pre-trial drug motions

 

Drug charges often involve motions to supress evidence for illegal search and seizures of drugs. Additionally, the police often use informers to gather probable cause before making an arrest. As a defense attorney, challenging these informers on how they knew what they know, and how reliable they have been in the past can be challenged.  Also, challenging search warrants and deficient affidavits is another factor to be challenged in a drug crime.

 

 

Drug Classifications

 

Drug classifications generally fall into Class A, B, C, D, and E.   The following is a brief listing of controlled substances in the State of Massachusetts for the purposes of drug penalty classification.

 

 Class A substances include Heroin & other opiates such as Morphine; some designer drugs such as GHB; and Ketamine (Special K).

 

Class B substance include Cocaine; prescription opiates such as Oxycontin, Oxycodone (Percodan/Percocet),and Codiene, Methadone; LSD; MDMA; Ecstasy (XTC); PCP; Amphetamines (speed) ; & Methamphetamine (meth).

 

Class C substance examples include prescription tranquilizers and narcotics diazepam (Valium), Librium, Hydrocodone (Vicodin, Lorcet, Dolacet, Hydrocet, Lortab, Codiclear DH, Tussionex, Cogesic, Anexia), mescaline, psilocybin/mushrooms, peyote, STP, other hallucinogenic substances, some medium doses of prescription narcotics.

 

Class D substances include marijuana / pot (most common), chloryl hydrate, phenobarbital, and some lesser doses of prescription narcotics.

 

Class E substance charges are typically for lighter doses of prescription narcotics containing codeine (Tylonol #3), morphine, or opium.

 

 ___________________________________________________________________________________________________________________________

 Contact a Massachusetts Drug Crimes Attorney

 

 

At the Law Offices of Michael R. St. Louis, we are fully prepared to handle your drug case. As a leading Boston drug defense law firm, we can provide you with the direction and legal counsel you need to fight your misdemeanor or felony drug charges. Call our Law Offices today for your free consultation at 781-816-3950 or contact us online.

 


Si español es el unico idioma, por favor pongase en contacto con nuestro traductor Eneria Noguera al 508-839-2376 o contactenos en linea.

 
Attorney at Law