Attorney
Are you facing drug-related charges in Massachusetts? If so, you can better protect your freedom and interests by understanding your legal options. Here’s what you need to know.
Common Types of Drug-Related Offenses
Some of the common kinds of drug-related offenses you may face include:
- Simple possession: A simple possession offense occurs when a person possesses a small, personal-use quantity of controlled substances.
- Possession with intent to distribute: A person may face a possession with intent to distribute charge if they possess a large quantity of drugs indicative of an intent to sell or distribute the drugs to other people.
- Drug trafficking: Trafficking occurs when a person transports large quantities of drugs over longer distances, such as moving drugs from ports of entry to local dealers.
- Drug manufacturing: Unauthorized manufacturing or cultivation of drugs also violates Massachusetts drug laws.
- Prescription fraud: Prescription drug-related offenses may include misusing prescription pads or forging prescription orders.
Top Factors Affecting Your Case
Important factors that can affect your legal options when facing prosecution for drug-related offenses include:
- Severity of the charges: A defendant may have fewer legal options when facing more severe drug charges, such as drug trafficking or possession with intent to distribute.
- Prior criminal record: Defendants may face less leniency if they have a more extensive criminal record; furthermore, a prior criminal history can disqualify a defendant from specific options for resolving their options.
- Aggravating factors: Drug offenses may involve aggravating factors that can increase potential penalties and reduce a defendant’s legal options, such as committing an offense in proximity to schools or involving minors in drug-distributing activity.
- Federal vs. state jurisdiction: Federal drug offenses carry much harsher penalties than equivalent state offenses.
Potential Legal Options
When you face prosecution for a drug-related offense, potential options you may have to resolve your charges include:
- Challenging the prosecution’s evidence: Defendants may seek to weaken the prosecution’s case by moving to exclude evidence that investigators obtained in violation of the defendant’s rights. A defendant may also contest the reliability of evidence by highlighting chain-of-custody issues or problems with laboratory testing.
- Negotiating a plea deal: Defendants may seek to avoid harsher penalties by negotiating a plea agreement in exchange for a favorable sentencing recommendation from the prosecution.
- Pursuing admission to diversionary programs: People facing lower-level drug offenses may qualify for admission to diversionary programs targeted toward people charged with drug offenses or minor crimes. Completing these programs may entitle defendants to the dismissal of their charges and expungement of related arrest records.
- Contesting the charges: Defendants can file pre-trial motions to dismiss their charges for lack of evidence or take them to trial to show that the prosecution’s case fails to prove every element of the charges beyond a reasonable doubt.
- Post-conviction expungement: Even if a defendant’s drug-related charges result in a conviction, some defendants may qualify for expungement of their criminal records, which can relieve the stigma of a conviction by sealing records from most public access.
Steps to Take After a Drug Arrest
Following an arrest for a drug-related offense, taking prompt action can protect your rights and put you in the best position to defend against your charges. Steps to take after a drug arrest in Massachusetts include:
- Exercise your right to remain silent and refuse to answer questions from the police about your charges.
- Gather relevant evidence related to your charges, including lists of potential witnesses.
- Speak to a criminal defense attorney as soon as possible to discuss your options for pursuing a favorable outcome to your charges.
Contact a Drug Defense Attorney Today
If you’ve been charged with a drug crime in Massachusetts, you need help from experienced legal counsel. Contact Geraghty Law, LLC today for a confidential consultation with a drug crime defense lawyer to discuss your charges and learn how our firm can help you protect your rights, reputation, and future.
