If you are charged with drug possession, the penalties can be very severe. For instance, if you are charged with trafficking in cocaine between 18-36 grams, the potential penalty includes a 2 year mandatory minimum state prison sentence with a maximum 15 year prison sentence, and a potential fine ranging from $2,500-$25,000. Similarly, if found guilty of trafficking in cocaine between 36-100 grams, there is a 3.5 year mandatory minimum state prison sentence with a maximum 20 year sentence, and a potential fine from $5,000-$50,000. The penalties continue to increase as the amounts involved increase.
Additionally, in order to prove trafficking in cocaine, the government need only show that the person (1) knowingly or intentionally (2) possessed, actually or constructively, (3) a specified amount(4) of cocaine (5) with the intent to distribute it (or actually distributed it in the specified amount). M.G.L.A. c. 94C, § 32E(a), (b), (c).
As a result, if you find yourself or someone you know facing a trafficking or any drug possessory crime, contact a drug possession attorney who knows how to advocate for you. Time is of the essence.
Worcester County Firefighter Charged With Theft of a Drug and
Obtaining Drugs by Fraud
A Princeton, Massachusetts firefighter was arraigned the other day in Worcester Central District Court on one count of larceny of a drug, and one count of obtaining drugs by fraud. Any Worcester area citizen has to be concerned where such a person in a position of power and trust is charged in such a manner. What is important to remember, however, is that the firefighter is innocent until proven guilty, according to Worcester criminal lawyer Shane W. Surrette.
The idea of innocence until being proven guilty is often dispelled with in society today, as we often adopt sensational allegations and leave it up to the person being charged to disprove the allegations. While larceny of a drug and obtaining drugs by fraud are serious charges, as are any drug offenses, we as a society must remain vigilant not to condemn those charged with criminal offenses, and we must allow the court process to take its course.
As drug offenses can affect any segment of the population, as the Princeton case highlights, if you or someone you love is faced with possessing, stealing, or intending to distribute drugs, don’t go at it alone. Contact an experienced criminal lawyer who has tried drug cases in both the Superior and District Courts.
For more information, please contact Attorney Surrette by clinking the link below:
What to do When Faced With Drug Charges Today in Light of the
State Drug Lab Scandal
If you are facing drug charges today, you may feel that the deck is stacked against you. Not only are there mandatory minimum sentences, but there are also enhanced penalties based on drug weight, according to criminal attorney Shane W. Surrette of Worcester, MA. For example, if you are in possession under the law of 18-36 grams of cocaine, this is sufficient weight for trafficking, calling for a mandatory minimum prison sentence of 2 years.
Possessing anything less than 18 grams of cocaine would be insufficient for trafficking and would likely subject you to an allegation of possession with intent to distribute cocaine. Depending on the particular subsection you are charged under, this could call for either a mandatory minimum sentence of one year incarceration or no mandatory minimum sentence at all.
The differences referenced above are obviously significant, and with recent allegations that a chemist at the Massachusetts crime lab was not even testing substances, and was making substances test positive for drugs when drugs weren’t even present, your confidence in the judicial system may be compromised.
As a result, it is important for you to hire a Worcester Criminal Drug Lawyer who is going to challenge the Commonwealth’s testing procedures, and all quality assurance procedures to make sure that your rights are scrupulously protected. Don’t hesitate, you future depends on it.
What Does it Mean to Possess Drugs With the Intent to Distribute
Whenever there is a charge or indictment for possession of drugs with the intent to distribute, often times the main issue to be litigated is whether or not the government can prove an intent to distribute, according to drug attorney Shane W. Surrette of Worcester, MA. For example, beyond claiming an observed hand to hand transaction, many times the government will allege that the presence of certain items make the case an intent to distribute rather than a mere possession case.
Some of the items that the government will look at to determine if there was an intent to distribute include: the presence of cutting instruments(cut product), various cell phones, numerous cut corner baggies, lists with numbers and/or names, as well as large amounts of both narcotics and cash. Usually the Commonwealth will utilize a police officer witness to testify in an expert capacity that the presence of some or all of the items listed above show that the drugs possessed were consistent with an intent to distribute.
Clearly, as the number of items listed above increases, the likelihood that the Commonwealth will be able to prove an intent to distribute also increases. For example, if the only allegation of an intent to distribute is the high quantity of drugs found, than that could obviously be indicative of someone who uses a lot of the drug, is not a dealer, and who possessed the drugs for personal use.
Similarly, as with any innocent items found with drugs, the central issue comes down to whether the items can be explained away, or whether the inescapable conclusion is that their presence shows that the drugs possessed are consistent with an intent to distribute. This is a fact driven determination and from a defense perspective less is obviously more.
Massachusetts drugs laws carry significant penalties, including mandatory minimum sentences, and lengthy license suspensions. Both go up drastically as more marijuana, cocaine and heroin is allegedly found. Make the right move and contact Worcester County drug possession attorney Shane W. Surrette today. He is the best drug defense lawyer in the area.
Worcester drug possession attorney Shane W. Surrette has handled Trafficking, Possession with Intent to Distribute, Possession with Intent to Distribute Subsequent Offense, School Zone Violation, and Possession cases throughout Worcester County..
Go with the premiere Worcester criminal defense drug possession Attorney today. Attorney Surrette has handled countless marijuana, cocaine and heroin cases in Northern and Central Worcester County as well, and his experience makes him the one to contact if you reside in the Worcester/Fitchburg area.
When an individual is arrested, there are many issues that must immediately be managed by a drug defense attorney. If the arrest takes place in the middle of the night, early in the morning, or on a holiday or weekend, you need a drug possession attorney available to fight for you and your rights. The criminal justice system operates twenty-four hours a day, seven days a week, and so does Attorney Shane W. Surrette Each client can reach Attorney Shane W. Surrette 24 hours a day, 7 days a week, including Sundays and holidays. No client of this top rated drug defense attorney is ever left alone to deal with the authorities.
Contact Attorney Surrette today to help you beat your drug charges. He offers free advice and can help you win your case.