Drug Trafficking in Massachusetts
In Massachusetts if a person is alleged to have distributed or possessed with the intent to distribute marijuana, cocaine or heroin, morphine or opium, the charge may be increased from distribution to trafficking. The determining factor is simply the weight of the substance in question. Trafficking charges, if proved beyond a reasonable doubt, require mandatory minimum sentences of incarceration depending on the weight proved. For example, trafficking in cocaine in an amount of more than 14 grams but less than 28 grams carries a mandatory state prison sentence of three years. More than 28 grams but less than 100 grams carries a mandatory sentence of five years. More than 100 grams but less than 200 grams of cocaine carries a ten year mandatory and over 200 grams increases the mandatory minimum to 15 years.
Boston Criminal Defense Attorney Robert J. Wheeler, Jr. has appeared for persons accused of drug trafficking in courts throughout Massachusetts for almost thirty years. He has the knowledge and experience to forcefully defend your rights in these most serious cases. Contact Attorney Wheeler at (617) 973-5858 or firstname.lastname@example.org.
In order to prove a person guilty of trafficking in a controlled substance the government must prove: 1) that the person possessed the substance; 2) that the substance was the drug in question; 3) that the possession was knowing and intentional; 4) that the accused had the specific intent to distribute, manufacture, dispense or cultivate the controlled substance; and 5) that the amount or weight of the substance was in the amount alleged.
Every possible defense in trafficking cases must be explored and forcefully argued. Defenses may include lack of actual or constructive possession, illegal search and seizure of the drugs and entrapment, as in distribution cases. Contact Attorney Robert J. Wheeler, Jr. to fight for your rights.