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Drug Distribution

Your Massachusetts Drug Distribution Defense Attorney

Every 19 seconds, someone in the U.S. is arrested for violating a drug law. America has been embattled in a war on drugs for decades, spending over $15 billion a year federally and over $20 billion a year on a state and local level to prosecute and house drug offenders. Over half of inmates in the federal prison system are drug offenders and 25% of those arrested each year are arrested for a drug offense.

Although recent public sentiment might indicate a turning point in the views of policy makers on the punishment of drug offenders, the consequences of a drug offense conviction are grave and likely to remain so for some time to come. Drug distribution and possession with intent to distribute are two crimes punished harshly under the laws of Massachusetts.

Take the recent case of Wilfredo Perez and his co-defendants, Rafeal Yeje-Cabrera, Nerys Cabrera, and William Olivero. Perez and his co-defendants were involved in distributing cocaine by the truckload across the states of Massachusetts, Rhode Island, New York, and Atlanta. The drug bust came after law enforcement officers obtained court ordered wiretaps of the organization’s telephones and from there were able to determine where a truckload of cocaine could be found. The seized cocaine had an estimated street value of $20.6 million—and was then largest ever cocaine seizure in Massachusetts.

Perez, a former New Bedford resident, and his co-defendants were convicted following a jury trial of conspiring to distribute cocaine. The jury found Yeje-Cabrera guilty of conspiring to distribute in excess of 260 kilograms and attempting to possess 260 kilograms of cocaine with intent to distribute. Perez was sentenced to 30 years imprisonment, with 5 years of supervised release to follow and a $4 million dollar fine, for his involvement in the enormous cocaine seizure. Yeje-Cabrera was sentenced to life imprisonment for theses and other convictions stemming from his drug trafficking operations. Nerys Cabera was sentenced to five years imprisonment for conspiring to distribute cocaine. Twenty-one individuals were originally indicted surrounding the seizure, and all have since pled guilty, been convicted, or are awaiting trial.

Possession With Intent to Distribute and Drug Distribution in Massachusetts

The following is a brief overview of the crimes of possession with intent to distribute drugs and drug distribution in Massachusetts:

Possession with intent to distribute - is the crime of having one or more illegal narcotics in one’s possession with the intention of selling the narcotics. If a person is found guilty of drug possession with intent to sell to a minor (person below the legal age of 18), he/she faces enhanced criminal charges and sentencing. This crime is set out in Massachusetts General Laws Chapter 94C Section 32. Punishments for possession with intent to distribute vary according to the type of drug involved and will be elaborated below.

Drug distribution - is the crime of distributing illegal narcotics. This crime requires that an exchange actually took place. This crime encompasses drug trafficking, which is the most serious of all drug crimes in Massachusetts. Sentences for drug trafficking similarly vary by the type of drug and quantity involved, as will be discussed below.

Sentences for Possession With Intent to Distribute and Distribution in Massachusetts

Massachusetts, like many states, has mandatory minimum sentences for many drug crimes. This means exactly what it says—the judge cannot sentence you to less time than required by statute, or to probation where the statute prohibits it. Mandatory minimum sentences can have harsh results, particularly for repeat offenders.

As discussed above, punishments for possession with intent to distribute and distribution vary by the drug involved and quantity. For instance, if you are convicted of possession with intent to distribute marijuana, as a first time offender you face a sentence of two years and a $500 fine. Possession with intent to distribute cocaine has a possible penalty of two and a half years imprisonment upon first offense, but jumps to a possible penalty of up to ten years imprisonment for repeat offenders. If you are convicted of marijuana trafficking, of between 50 and 100 pounds, you face a mandatory minimum sentence of one year imprisonment, with the possibility of two and a half years. Cocaine trafficking is punished more severely, with defendants facing a mandatory five year sentence for distributing at least 14 grams but less than 28. The severity of punishment increases with quantity, as it does with all the distribution offenses.

Possible Defenses to a Charge of Possession With Intent to Distribute and Distribution

The following is a list of possible defenses your experienced Boston criminal defense attorney can raise on your behalf:

  1. Suppression of the evidence — the Fourth Amendment prohibits the unreasonable search and seizure of one’s person, home and personal property absent the issuance of a warrant. Often, drug distribution crimes will involve searches and seizures conducted by police officers that may or may not have been conducted pursuant to a warrant. A skilled defense attorney can examine the facts of your case and file a motion to suppress evidence where warranted, challenging any violation to your essential Fourth Amendment rights.
  2. Challenge the evidence itself — the weight of the evidence is crucial in determining the sentence you will face. The weight of the drugs can be inaccurately described by police officers due to hydration or flawed equipment. An experienced drug distribution attorney will look to challenge the weight of the drugs if warranted. Further, a skilled defense attorney can also challenge the evidence of intent to distribute. Intent is often alleged based on the presence of paraphernalia or the packaging of the drugs.
  3. Seek to lower the charges — possession with intent to distribute and drug distribution crimes come with harsher punishment than mere possession crimes, and longer mandatory minimum sentences that may not allow for probation. Your defense attorney can seek to negotiate with prosecutors to drop your charges down to possession or another less severe crime.
  4. Seek alternatives to incarceration — sometimes a drug addiction is the root of a drug distribution charge. A savvy criminal defense attorney can negotiate to secure treatment for his or her client in exchange for dropped or reduced charges.
The Law Offices of Stephen Neyman Will Aggressively Defend Against Your Drug Distribution Charge

If you have been charged with a drug distribution crime in Massachusetts, your future depends upon hiring an aggressive, skilled criminal defense attorney with years of experience defending clients against drug charges. Stephen Neyman will be that attorney for you. The Law Offices of Stephen Neyman will fight tirelessly to defend against your charge, investigating all aspects of your case and aggressively challenging the prosecution’s evidence every step of the way. We will negotiate on your behalf for a reduction of charges or alternatives to prosecution, or take your case all the way to trial and zealously argue for your innocence. We have the skill and knowledge to defend against any drug charge in Massachusetts. Call The Law Offices of Stephen Neyman today at 617-263-6800 to schedule your initial consultation.

Case Results » Drug Distribution
  • Charges of Distribution of a Class B Drug and Conspiracy Dismissed

    In October of 2021 a multi department drug task force focused on our client, a known drug dealer in the Merrimack Valley area. Surveillance was set up in areas frequented by addicted people who would purchase small amounts of heroin and fentanyl to support their habits. The defendant's car was observed in the area multiple times. Drug deals were observed by the officers where someone using the defendant's car would make sales. The driver would meet up with the defendant, refill her supply and go back to make additional sales. The defendant was arrested and charged with distribution of a class B drug G.L. c. 94C section 32A and conspiracy to violate the drug laws G.L. c. 94C section 40. Knowing that the prosecution could not prove the case we scheduled this for trial. Today, the day of trial all charges were dismissed.

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  • Possession With Intent to Distribute Class B Substance Cocaine Dismissed

    The defendant was charged with possession with intent to distribute a class B substance, cocaine in violation of G.L. c. 94C section 32A. The man had a prior conviction and was facing state prison time. The case stemmed from a police investigation that was several months long. According to reports, the defendant was observed engaging in conversations with known drug users. Officers saw him passing objects to these people and receiving something in return. Believing this to be drugs the officers used a confidential informant to attempt to purchase from our client. The officers watched as this individual engaged in a transaction with the defendant. The officers met up with the informant and obtained the cocaine that he purportedly purchased from our client. He was arrested and charged with this crime. Our office was able to prove that the informant liked the requisite reliability. We also showed that the police did not follow proper procedures for monitoring the informant. The assistant district attorney agreed with us and did not object to our motion to dismiss. 

    This resolution of this case came telephonically due to the courts being closed

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  • Pre-Arraignment Diversion For College Student Charged With Distribution of Drugs and Possession With Intent to Distribute Drugs

    The defendant is a student at a prestigious university in Massachusetts. On May 31, 2018 a student at that university was rushed to a hospital after having seizures from taking drugs. The university and local police investigated the matter and learned that the individual had purchased drugs from our client. The officers interviewed our client who admitted to having sold marijuana to the other student and others. It was determined that the marijuana had been laced with an unknown substance that caused the seizures. Our client permitted the officers to search his dorm room. They located class D and class E drugs consistent with an intent to distribute. The defendant was charged with distributing class D, G.L. c. 94C section 32C, possession with intent to distribute class D, G.L. c. 94C section 32C and possession with intent to distribute class E, G.L. c. 94C section 32D. He hired Attorney Stephen Neyman to represent him. Our office continued the arraignment on several occasions in hopes of getting the prosecutor and/or judge to agree to imposed pre-arraignment diversion under G.L. c. 276A. Today, we succeeded in that regard. After the defendant completes diversion all charges will be dismissed, prior to arraignment.

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Client Reviews
"We went to trial and won. He saved me fifteen years mandatory in state prison for this case." A.C. Boston, Massachusetts
"I hired him and he got the case dismissed before I had to go into a courtroom. My school never found out and if they had I would have lost my academic scholarships. He really saved my college career." Melissa C. Cold Spring, New York, October 2013
"My union rep told me to call Steve Neyman. From the get go I felt comfortable with him. He took the time to talk to me about my case whenever I needed .... He even gave me his personal cell number and took all my calls. We won the case and I kept my job." Bart L. S.
"The best criminal defense lawyer in Massachusetts. Takes all of his client's calls at any time of the day or night. He was always there for me and my family. Steve saved my life." Jacquille D. Brockton, Massachusetts
"In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record." Paul W. Boston, Massachusetts