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.
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.
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.
Lawrence District Court: Charges of Trafficking Cocaine and Trafficking Heroin Dismissed
On May 10, 2016, following a collective investigation with the Manchester, New Hampshire DEA and the Lawrence, Massachusetts police an informant placed an order for over fifty grams of heroin. The informant agreed to meet with a known drug dealer and consummate a deal for the drugs. Surveillance was established and the suspected dealer was seen engaging in a drug sale. The buyer was stopped and identified by the informant as the person he put in contact with the dealer. Further surveillance established that the drug dealer was operating out of a residence in Lawrence. A search warrant was issued and executed. During the search large quantities of heroin and cocaine were located along with a significant amount of drug trafficking paraphernalia. Also, during the search the defendant was seen packaging and weighing identifiable quantities of drugs. He was charged with trafficking cocaine and trafficking heroin in violation of G.L. c. 94C Section 32E. Today Attorney Neyman was able to get the trafficking charges dismissed.
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Norfolk Superior Court: Marijuana Trafficking Case Dismissed
In October of 2013 Braintree Firefighters were dispatched to a home for a report of a fire alarm going off. Responders made entry to the property and observed it to be empty with the exception of large quantities of marijuana throughout the home. The police were called and a search warrant issued. During the search hundreds of pounds of marijuana were located. The apartment was rented to our client, a young woman who apparently resided in Boston, not the Braintree residence. She was charged with trafficking marijuana and faced a mandatory minimum sentence. Today, Attorney Neyman was able to get all charges dismissed.
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Norfolk Superior Court: Cocaine Trafficking Case Dismissed Against Local Woman
The prosecution alleged that on April 29, 2015 members of the Braintree Police Department were engaged in a drug investigation involving large scale distribution of cocaine. They observed a known drug user enter a vehicle registered to a Dominican woman. An Hispanic male was driving the car, the woman was in the passenger seat. The known drug user was seen exiting the car and was detained by officers who observed him to be in possession of some cocaine. He admitted to purchasing the drugs from the driver of this vehicle. Subsequently, that vehicle, the driver and female passenger became additional targets to this investigation. Throughout the remainder of the investigation this couple was seen engaging in multiple drug deals. A few months later, after documenting these deals the two were seen engaging in a sale to another male who was also detained and questioned by the officers. The buyer was seen purchasing from the woman. This time the buyer alerted the police not only to the identity of the sellers but also informed the officers that a large quantity of the drug remained in the vehicle. Surveillance and backup officers descended on the woman’s car. Several ounces of cocaine were found in the vehicle. In the backseat of the car officers found the woman’s young daughter. The parties were arrested and charged with trafficking cocaine, a violation of G.L. c. 94C Section 32E. The woman hired Attorney Stephen Neyman to represent her. Today, all charges were dismissed.
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