Drug Crimes

In Massachusetts and New Hampshire, much of our inmate population are incarcerated because of drug crimes. That is not to say that all of these people are evil or even did something wrong.

In 2013, a drug lab technician in Boston named Annie Dookhan was convicted of intentionally falsifying drug tests that were used to convict defendants who were charged with drug crimes. Around the same time, a drug lab technician in Amherst, was similarly charged with abusing seized drugs while she conducted drug tests that were also used to convict defendants.

Because the evidence from the technicians was now tainted, Massachusetts dropped 45,000 drug cases.

At Marcotte Law Firm in Lowell, Massachusetts, our drug crime defense lawyers have more than 150 years of combined legal experience. We use our extensive understanding of Massachusetts and New Hampshire drug laws to build the best possible defense for our clients. If you have been charged with a drug crime, you can rely on us to protect your rights.

For a free consultation with one of our Lowell drug defense lawyers, call us at (978) 458-1229 or contact our law firm online.

In all drug crimes, the prosecution will have to prove the person being charged, the defendant, was in “possession” of the illicit substance. There are two types of possession, actual and constructive. Actual possession is having control or custody of the illicit substance, maybe it is in your hand, pocket, or purse.

Constructive possession is the concept that you can possess something even if you are not holding or have custody of the item. A defendant is said to constructively possess the drug if they (1) have knowledge of it, (2) have an ability to exercise control over it (possibly through another person), and (3) there is intent to exercise control over it. An example would be if the item was in a safe deposit box or hidden in grandma’s basement.

Years ago, you would lose your license automatically after a drug conviction. That is no longer the case in Massachusetts, but that is not to say the Commonwealth is lenient when it comes to drug crimes.

In Massachusetts, the sentence after the defendant is found guilty of possession depends on what type of drug was involved. Although marijuana is generally legal to possess, if you are found guilty of possessing more than one ounce, you could face a jail (also known as the house of corrections) sentence of up to six month and/or $5,000 fine.

For other drugs that are not heroin or marijuana, like cocaine or LSD, the penalties include a jail sentence for not more than one year and/or a fine of up to $1,000. Heroin is more complicated. If you are found guilty of being knowingly present around heroin, for example in someone’s home, you face up to a year incarceration and a $1,000 fine.

If you physically possess heroin, the penalties are higher. First offense includes a house of correction sentence for up to two years and/or a fine of no more than $2,000. For a second offense of possessing heroin, the judge can give up to five years in state prison, up to two and a half years in jail, and/or $5,000 in fines.

The penalties for a successful conviction for a drug crime in the state of Massachusetts are strict. No matter the charge, nearly every drug crime conviction will result in loss of your driver’s license for a period of at least one year. At Marcotte Law Firm, our drug crimes defense attorneys work to secure the rights of our clients and achieve the best possible outcome. We have worked with clients who have been arrested and charged with crimes involving marijuana, cocaine, prescription drugs and heroin. We have successfully represented those charged with the following crimes:

• Drug possession
• Possession in a school zone
• Possession with intent to distribute
• Distribution
• Cultivation
• Trafficking

No matter what charges you are facing, it is critical to consult with an experienced Massachusetts lawyer who knows how to build a solid case for your criminal charge.

Our attorneys will conduct a vigorous investigation of your situation. We analyze the procedures used by the police to ensure that your rights were not violated and to poke holes in the prosecution’s case. You can rely on our criminal defense knowledge to challenge improper searches and protect your constitutional rights.

At Marcotte Law Firm, our drug crimes defense attorneys work to secure the rights of our clients and achieve the best possible outcome.

To schedule a free consultation regarding your drug issue, contact our law firm online or call us at (978) 458-1229.