It is common practice in Massachusetts for the police to charge a person with a school zone violation when the person is charged with distribution or possession with intent to distribute a controlled substance. A conviction for a school zone violation requires a mandatory minimum sentence of incarceration to be served consecutive to (on and after) the sentence imposed on the underlying drug distribution charge. Since it is hard to imagine any location in urban neighborhoods to be less than 1000 feet from a school or 100 feet from a park or playground, school zone charges are extremely common in urban areas. Boston criminal drug defense lawyer Robert Wheeler is experienced in all facets of drug defense including alleged school zone violations. Contact Attorney Wheeler for experienced and aggressive defense of all drug charges at (617) 973-5858 or by email to rjw@rjwheelerlaw.com.

To prove a school zone violation the prosecution must first prove the underlying drug distribution charge beyond a reasonable doubt and then prove, also beyond a reasonable doubt, that the offense was committed within 1000 feet of the grounds of a public or private elementary, vocational, secondary school, preschool or HeadStart facility, whether or not in session or within 100 feet of a public park or playground. The government does not have to prove that the accused knew that he was within 1000 feet of a school or 100 feet of a public park. The statute establishing school zone violations has survived a constitutional equal protection attack on the ground that urban offenders are more likely to be within range for a violation than rural dwellers.