Drug trafficking is the possession with the intent to distribute or the actual distribution of a certain threshold quantity of drugs. The prosecutor must prove beyond a reasonable doubt all of the elements associated with possession as well as the particular amount of the drugs charged in the indictment. Trafficking is the most serious of all Massachusetts drug crimes. Associated with all drug trafficking convictions is Massachusetts is a mandatory minimum state prison sentence that must be served before parole is possible. All drug trafficking laws in Massachusetts state courts are set out in Massachusetts General Laws Chapter 94C Section 32E.Marijuana Trafficking
If you are convicted of trafficking marijuana Class D you face the following penalties:
- For a conviction of trafficking 50 pounds or more you face 2 ½ to 15 years in state prison or 1 to 2 ½ years in jail. A conviction carries a minimum mandatory 1 year sentence.
- For a conviction of trafficking 100 pounds but less than 2000 pounds you face 2 to 15 years in state prison. There is a minimum mandatory 2 year sentence to be served.
- For a conviction of 2000 pounds and less than 10,000 pounds the sentence can range from 3 ½ to 15 years in state prison. The minimum mandatory sentence is 3 ½ years.
- If convicted of trafficking 10,000 pounds or more the sentence ranges from 8-15 years. The minimum mandatory sentence is 8 years.
Cocaine trafficking in Massachusetts Class B is considered more serious than marijuana trafficking. If you are convicted of cocaine trafficking you can be sentenced as follows:
- 18 grams but less than 28 grams provides for 2 to 15 years in state prison. The minimum mandatory sentence you must serve is 2 years.
- 36 grams but less than 100 grams provides for a 3 ½ to 20 year prison sentence. 3 ½ years of this sentence is a minimum mandatory that must be served.
- 100 grams but less than 200 grams has a prison sentence that ranges from 8 to 20 years. 8 years of this sentence is a minimum mandatory.
- 200 grams or more requires a sentence of 12-20 years. The minimum mandatory is 12 years.
Heroin trafficking Class A is treated as the most severe of all trafficking crimes in Massachusetts. The sentences associated with the various quantities of heroin are as follows:
- At least 18 grams but less than 36 grams requires a mandatory minimum 3 ½ year sentence. The maximum is 20 years.
- At least 36 grams but less than 100 grams requires a mandatory minimum 5 year prison sentence. The maximum is 20 years.
- At least 100 grams but less than 200 grams requires a mandatory minimum 8 year prison sentence. The maximum is 20 years.
- At least 200 grams requires a mandatory minimum 12 year prison sentence. The maximum is 20 years.
The legislature has recently amended this statute to include a section specifically targeting Fentanyl trafficking Class A. The sentence now associated with Fentanyl trafficking is as follows:
- 10 or more grams of Fentanyl, or any derivative thereof, requires a mandatory minimum 3 ½ year prison sentence. The maximum sentence is 20 years.
Attorney Neyman has been defending drug trafficking in Massachusetts and throughout the country for nearly thirty years. We have an unparalleled track record of success. We have won cases with motions to dismiss. We have secured victory by winning motions to suppress illegal searches and seizures thereby making the district attorney’s case unprovable. We have won countless drug trafficking cases by going to trial and winning. Our results speak for themselves. We know how to win these cases.
Cocaine Trafficking Over 100 Grams Against Lead Abatement Contractor Dismissed
The defendant is a lead abatement contractor with a successful business based in Massachusetts. On March 15, 2019 stopped a truck being driven by the defendant. Upon contacting the driver the state trooper observed him to be nervous and sweaty. He was providing inconsistent and evasive responses to the trooper's questions. The officer asked him to get out of the car so that he could be searched for weapons. The officer observed, in plain view on the driver's seat, packaged materials consistent with illegal drugs. The officer picked up the packages and recognized it to be cocaine. The defendant was arrested and charged with trafficking cocaine in excess of 100 grams in violation of G.L. c. 94C Section 32E. If convicted he would serve a mandatory minimum eight year state prison sentence. The defendant hired Attorney Stephen Neyman. Today, Attorney Neyman was able to get all charges dismissed.
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Charges of Trafficking Fentanyl Reduced to Possession
In June of 2018 members a Merrimack Valley, Massachusetts department were conducting surveillance of an area saturated with drug dealing activities. Officers observed a vehicle with New Hampshire plates engaging in counter-surveillance activities. The driver ultimately met up with a known drug dealer who got into the defendant's car. Officers observed actions consistent with drug purchasing and selling. They stopped the car. The known dealer fled. The defendant, a woman was found in possession of over ten grams of fentanyl. She was charged with trafficking fentanyl under G.L. c. 94C Section 32E. The crime carries a 3 ½ year mandatory minimum state prison sentence. She hired Attorney Neyman to represent her. Through bank records and drug program receipts along with hospital records we were able to convince the prosecutor that our client purchased the drugs for personal use and had no intention of selling them. The prosecutor agreed to reduce the charges to possession thereby allowing the defendant to avoid a jail sentence.
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Man Charged with Heroin Trafficking Released on Reasonable Bail
The defendant is from northern New Hampshire. This past weekend he was a passenger in a car being driven in Methuen and believed to be coming from Lawrence. Officers had seen this pattern on countless prior occasions and quickly formed the opinion that drug related activities could be attributed to the occupants of the vehicle. The car was stopped and the occupants were searched. The passenger was found in possession of in excess of fifty grams of fentanyl. He was charged with trafficking in violation of G.L. c. 94C Section 32E. A very high bond was set by the bail commissioner over the weekend. Accordingly, Attorney Stephen Neyman was hired. Today, the defendant was arraigned and Attorney Neyman was able to get the bail reduced to something affordable and reasonable. The defendant posted and remains free at this time.
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