Possession With Intent to Distribute Drugs
There are several statutes in Massachusetts that criminalize the possession of illegal drugs with the intent to distribute those substances. These crimes are felonies. The breakdown of specific drugs to a class is laid out in Massachusetts General Laws Chapter 94C Section 31. Our office handles all types of drug crimes involving all classes of controlled substances. The most common crimes associated with possession with intent to distribute involve marijuana, cocaine and heroin. In all possession with intent cases the prosecution must prove beyond a reasonable that you knowingly or intentionally possessed a controlled substance and that you did so with the intent to distribute that substance. There is no need to prove that your intent was to sell the drugs. Holding the drugs for someone merely for the purpose of giving them to someone else can result in a conviction.
Possession With Intent to Distribute Marijuana
This crime is regulated by Massachusetts General Laws Chapter 94C Section 32C. Marijuana is a Class D substance. If you are convicted of committing this crime you face a 2 year jail sentence and a $500 fine or both. If you get convicted of this crime a second or subsequent time you face a minimum 1 year jail sentence and a 2 ½ year maximum jail sentence. There is also a fine of at least $1,000 and up to $10,000 dollars for anyone convicted of a second and subsequent possession with intent to distribute marijuana offense.
Possession With Intent to Distribute Cocaine
Cocaine is a Class B substance. Massachusetts General Laws Chapter 94C Section 32A governs this crime. If you are convicted of this offense you face a potential 2 ½ year jail sentence and a fine of not less than $1,000 and up to $10,000. Massachusetts laws consider cocaine a much more dangerous substance than marijuana. The laws also permit prosecutors to indict first offenses to the Superior Court where someone can face a possible 10 year prison sentence. These cases are almost never indicted if it is someone’s first offense. Second and subsequent offenders face a 3 year mandatory minimum state prison sentence and a maximum sentence of 10 years. Fines in the range of $2,500 to $25,000 can be imposed after a conviction of this offense.
Phencyclidine or PCP is also a Class B substance in Massachusetts. The PCP laws are even more severe than are the cocaine laws. If convicted of possession with intent to distribute PCP you face up to 2 ½ years in jail or up to 10 years in state prison. Fines for a conviction of this crime range from $1,000 to $10,000. If you are convicted of this crime you must serve at least 1 year in jail. This is a mandatory minimum sentence. It is critical that if you are charged with this crime you hire a criminal defense lawyer right away. A second of subsequent conviction for possession with intent to distribute PCP requires you to serve a mandatory minimum 5 year prison sentence.
Possession With Intent to Distribute Heroin
Massachusetts General Laws Chapter 94C Section 32 makes this a crime. Heroin is a Class A substance. If you are found guilty of this offense you face up to 2 ½ years in jail or 10 years in state prison for a first offense. There is also a fine of $1,000 to $10,000 that can be imposed after a conviction. If you are convicted of this crime a second time you are mandatory minimum prison term of 5 years and as much as 15 years.
Somerville District Court: Charges of Possession With Intent to Distribute Cocaine to be Dismissed
The defendant is a twenty-four year old construction worker with superior court convictions for violent crimes. On September 8, 2017 undercover police officers in Medford, Massachusetts were conducting a surveillance of a parking lot where a significant number of drug transactions had been reported. These officers knew the defendant from past encounters and knew him to sell drugs. They observed the defendant drive into the parking lot and make contact with occupants of another vehicle. The defendant then entered that vehicle and made movements suggesting a transfer of an object for another object. The experience of these officers suggested a drug transaction was underway. They got out of their undercover vehicle and approached the vehicle the defendant had entered. Upon reaching the vehicle they observed the defendant in possession of a large quantity of a white powdery substance they believed to be cocaine. He was arrested and charged with possession with intent to distribute a class B substance, cocaine. This is a crime under G.L. c. 94C Section 32A. Attorney Neyman was able to get the case continued without a finding. There will be no conviction once the probationary period is over and the defendant will not having a loss of license.
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Somerville District Court: Personal Recognizance for Man Charged With Possession With Intent to Distribute Cocaine
The defendant is a twenty year old man on probation for a Superior Court stabbing conviction. Two nights ago he was observed getting into a car at a location known for heavy drug distribution activities. A local police task force had established a surveillance at that location. When they saw the defendant get into the car they believed he was engaging in a drug deal. They descended on the car and caught him with six bags of cocaine and an amount of money consistent with drug sales activities. Today he was arraigned in the district court and after a bail argument released on personal recognizance.
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Barnstable District Court: Charges of Possession With Intent to Distribute Class D and Carrying a Dangerous Weapon Dismissed
On July 18, 2016 a Massachusetts State Trooper on patrol observed a car being operated by the defendant driving 79 in a 55 limit zone. The officer stopped the vehicle and contacted the operator. The trooper noted a strong odor of marijuana coming from inside the car. He asked the defendant if he had any marijuana. The defendant admitted to possession of 20 grams that he produced from a backpack in the back seat of his car. While doing so the trooper saw a knife in the defendant's possession. He also saw a scale in plain view. The defendant was arrested and charged with possession with the intent to distribute marijuana , G.L. c. 94C Section 32C and possession of a dangerous weapon in violation of G.L. c. 269 Section 10(b). Today. Attorney Neyman was able to get both charges dismissed.
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