Drug Distribution in a School Zone in Massachusetts
Possession with Intent to Distribute in a School Zone Defense Attorney
Massachusetts recently made significant changes to the crime of possession with intent to distribute in a school zone. The changes made it more difficult for the prosecution to convict you of this offense by adding additional "elements" that the government must prove to find you guilty and must be considered in defending distribution in a school zone charges.
Our criminal defense attorneys have been handling drug offense in Massachusetts for over 20 years, and include a former prosecutor (and special prosecutor) of serious drug charges. If you or someone you know has been arrested on a Massachusetts drug charge, it is important to hire an experienced drug crimes defense lawyer as soon as possible, as bail may be an issue and you must ensure that your constitutional rights are adequately protected throughout the legal process.
Drug arrests often present unique constitutional issues, including whether the search (of your person, your car, your house, your business, etc.) and seizure of the drugs (and/or other evidence) was constitutional. Likewise, if the defendant gave a statement, there may be 5th Amendment issues and potential legal challenges that may exclude the evidence.
Possession of a controlled substance with intent to distribute in Massachusetts is extremely serious and, pursuant to MGL c. 94C s. 32J, carries a 2 year-minimum mandatory sentence. To make it worse, if convicted, you will also be sentenced on the underlying distribution charge, which is considered a separate offense and must be served on and after the mandatory sentence. These charges are prosecuted very aggressively and the government will utilize all of it's resources to obtain a conviction.
What are the Elements of Possession with Intent to Distribute in a School Zone?
As with the prior version of the law, the prosecution must prove that you committed the offense within 300 feet of a "school zone", which is is defined as any public or private accredited preschool, accredited headstart facility, elementary, vocational or secondary school, or within or within 100 feet of a public park or playground. Lack of knowledge of school boundaries is not a defense to this crime. Further, the offense must have taken place between the hours of 5:00 a,m and midnight. Of course, it may be possible to challenge whether you were, in fact, within the "school zone" or close enough to a park, or even whether a particular location is an "accredited school","park" or "playground".
With the revision in the law, the prosecution must also now prove that, during the commission of the offense, the defendant:
(i) used violence or threats of violence or possessed a weapon or induced another participant to do so; or
(ii) directed the activities of another person who committed any drug-related felony; or
(iii) committed or attempted to commit certain offenses involving distribution to minors (G. L. c.94C, §32F) or inducing a minor to distribute or sell a controlled substance (G. L. c.94C, §32K).
Penalties for Conviction of Possession with Intent to Distribute in a School Zone
If convicted, a defendant faces the following penalties:
- minimum mandatory of 2 years in jail up to state prison for 15 years;
- A fine of not less than $1,000 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum.
Free Consultation on Any Massachusetts Criminal Charges
If you would like to speak about your case and get an expert opinion, please call or text us at any time. We will listen to the facts of your case, address your concerns and let you know what your options are. The initial consultation is free and there is no pressure to hire. If you choose to hire us, we will give you a reasonable quote and we can discuss payment options.
Criminal Defense FAQ
As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!
NO, you shouldn't! At least not without a lawyer after careful consideration.
Think about it. The police have a job, which is to solve crimes and bring criminal charges. The only reason for them to call you is because they are looking for evidence and there is no better evidence than your statement. Very often, they are calling you because they don't have enough evidence to charge you yet and they're looking to make their case with your statements.
They are not your friends. They are not trying to help you. There is nothing to "clear up". They will not go away if you just admit it and take responsibility.
Seriously, don't speak to the police without consulting a criminal defense lawyer first. It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!
First, unless you have committed a very serious crime, the chances of you going to jail are minimal (especially if you hire a good attorney). In any event, this is not something that typically would happen until many months down the road.
We're not going to lie to you, if the prosecution can meet the burden of proof on your case, there will be consequences, ranging from a slap on the wrist to jail time. Our job is to minimize the consequences and to eliminate them, if possible.
Of course, this depends on the charges, your criminal history and many other factors, so please feel free to reach out and we can give you a more specific answer.
No, no, no, no no! Even if you decide to eventually take responsibility, your lawyer should negotiate the best deal possible. What this means depends entirely the circumstances of your criminal charge, but very often you can take responsibility and still avoid a permanent criminal record. It may also involve:
- Pre-Trial Probation or Pre-Trial Diversion
- An outright Dismissal of your charges upon payment of court costs
- A Continuation Without a Finding, including the length and terms of your probation (after which the case is dismissed)
- A period of straight probation without a jail or state prison sentence
- A suspended sentence, where a sentence is imposed, but not served unless probation is violated
- A lesser sentence to jail or prison and less severe conditions upon release
This is to say nothing of the fact that your case may be winnable on a motion to dismiss or at trial!
In many cases, yes. Some cases have issues that may justify a Motion to Suppress or a Motion to Dismiss for lack of evidence.
Others can and should be taken to trial, or call for a plea as soon as possible so the client can move on with their life.
The decision on what to do really depends on the facts of the case and your individual goals.
This is why it is important to speak to an experienced Massachusetts criminal attorney who can quickly evaluate your specific case to see if there are any issues worth pursuing.
Related Content:
Strategy and Potential Issues in Massachusetts Criminal Cases
As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!
No, do NOT talk to the police without a lawyer. They are not your friends. They are not trying to help you. They will not go away if you just admit it and take responsibility.
Their job is to gather evidence of crimes and there is no better evidence than your statement.
It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!
It is very possible that you can avoid a criminal record, especially if you don't have a significant criminal history and and it is a relatively minor offense.
The answer to this question is very case-specific, depending on the facts of your case and what we decide to do with it.
A vast majority of our criminal cases cases are handled on a flat fee basis, ranging from a clerk-magistrate's hearing to superior court or federal court cases.
All we can tell you is that we are always up front and honest, and will treat you fairly. We're also willing to work with you on payments if we can, as this is not all about the money.
Of course, it is prefereable to have an attorney at the arraignment, but don't panic! First, you can call or text me at any time and I may be able to be there. If not, take a look at this link for all the information you need:
Where you can find us
1583 Beacon Street • Brookline • MA 02446
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