Drug Crimes in Middlesex County, Massachusetts
Drug crimes in Middlesex County, Massachusetts, may be described as the possession, manufacturing, or distribution of illegal drugs such as cocaine, heroin, morphine, amphetamines, or other similarly intoxicating substances that may be abused. The most common drug crimes are drug possession, drug distribution or trafficking, and drug manufacture.
- Drug Possession: An individual may be charged for drug possession if they were in the care of any controlled substances. The drug possession charge may be further categorized into Constructive Possession or Actual Possession. An individual may be charged with constructive possession if the drugs were not found on their person, but the arresting officer believed that they had knowledge and access to drugs. Also, the presence of any equipment, product, and accessory for making or using narcotics for recreational use may be sufficient for the police to bring a charge for drug possession. When charged with actual possession, the drugs must have been recovered on the accused’s person.
- Drug Trafficking: Distributing or trafficking drugs includes smuggling, transporting, or delivering controlled substances. To determine if an act amounts to possession or trafficking is often dependent on the volume of drugs involved.
- Drug Manufacturing involves the growing or production of illegal substances.
Other drug-related crimes in Middlesex include the sale of drugs to minors, sale close to a school zone, abetting a minor to sell, and being knowingly present where heroin is kept.
Regardless of the actual charge against an accused, a conviction is bound to result in penalties with lifelong consequences, including a criminal record, incarceration, fines, and fulfilling decreed conditions. A drug-related charge does not necessarily result in a conviction. Consulting a Middlesex County drug crime attorney can tilt the odds in favor of the accused. Drug crime lawyers are experts in the field and can provide the accused with legal representation or advice that could give them better odds before, during, and after the criminal trials.
What are the Penalties for Drug Crimes in Middlesex County?
Penalties for a drug-related conviction in Middlesex are dependent on factors including the circumstances of the case, the acts of the defendant, the class of drugs involved, and the criminal background of the defendant. Drugs in Middlesex are grouped into classes A to E for the purpose of criminalization. The class of drugs involved can determine the severity of the punishment. Generally, offenses involving Class A drugs attract the most severe punishment. AOr conviction for class E drugs may bear lesser liabilities. Drugs under each class include,
Class A: Acetylmethadol, heroin, fentanyl, carfentanil,
Class B: All types of cocaine, LSD, amphetamine, methamphetamine (meth), oxycodone, hydrochloride, ecstasy
Class C: Chlordiazepoxide, flurazepam, glutethimide, clorazepate, diazepam,
Class D: More than 1 ounce of marijuana, inhalants, chloral betaine, chloral hydrate, ethchlorvynol, ethinamate
Class E: prescription drugs containing less than 200 milligrams of codeine per 100 milliliters or 100 grams, less than 100 milligrams of opium per 100 milliliters or 100 grams, and prescription drugs not contained in other classes.
Below is a table of criminal sentences for drug crimes in Middlesex County
| Distribution/Possession with intent | Possession | Trafficking | |
|---|---|---|---|
| Class A | First offense: 0 to 10 years prison term, or 0 - 2.5 years in a house of correction, and/or fine of $1,000 - $10,000. Subsequent offense: 3.5 - 15 years incarceration and a fine of $2,500 - $25,000. | First Offense: 0 - 1 year in a house of correction or fine not exceeding $1,000, or both. Subsequent offense: 0 - 2 years in a house of correction or fine not exceeding $2,000, or both. *(Heroin)First offense: 0 - 2 years in a house of correction or fine not exceeding $2,000, or both. Subsequent offense: 2.5 - 5 years prison term or 0 - 2.5 years in the house of correction and fine not exceeding $5,000. | (Heroin, opium, morphine, etc.) 18-36g: 3 .5 -30 years prison term 36-100g: 5-30 years prison term 100-200g: 8-30 years prison term Over 200g:12-30 years prison term (Fentanyl/Carfentanil) Over 10g: 3.5-20 years prison term *including fines “g” means grams |
| Class B | First Offense: 0 - 10 years prison term, or 0 - 2.5 years in a house of correction, and/or fine between $1,000 and $10,000. Subsequent offense: 0 - 10 years prison term and/or a fine between $2,500 and $25,000. (Cocaine or Meth) First Offense: 0 - 10 years prison term or 0 - 2.5 years in a house of correction Subsequent offense: 0 - 15 years prison | First offense: 0 - 1 year in a house of correction or by a fine not exceeding $1,000, or both. Subsequent offense: 0 - 2 years in a house of correction or by a fine not exceeding $2,000, or both. | (Cocaine and meth) 18-36g: 2-15 years prison term 36-100g: 3.5 -20 years prison term 100-200g: 8-20 years prison term Over 200g: 12-20 years prison *including fines “g” refers to grams |
| Class C | First offense: either 0 - 5 years prison, 0 - 2.5 years in a house of correction, or fine between $500 - $5,000, or both fine and imprisonment. Subsequent offense: 0 - 10 years prison term or 0 - 2.5 years in a house of correction both options together with a fine between $1,000 and $10,000 | First offense: 0 - 1 year in a house of correction or by a fine not exceeding $1,000, or both. Subsequent offense: 0 - 2 years in a house of correction or by a fine not exceeding $2,000, or both. | |
| Class D | First offense: 0 - 2 years in a house of correction or a fine between $500 - $5,000, or both such fine and imprisonment. Subsequent offense: 0 - 2.5 years in a house of correction or a fine between $1,000 and $10,000 , or both such fine and imprisonment. | First offense: 0 - 1 year in a house of correction or by a fine not exceeding $1,000, or both. Subsequent offense: 0 - 2 years in a house of correction or by a fine not exceeding $2,000, or both. (Marijuana) 0 - 6 months in a house of correction or by a fine of $500, or both. | (Marijuana) 50 - 100lbs: 2.5 -15 years prison or 1- 2.5 years in a house of correction 100 - 2000lbs: 2-15 years prison term 2000-10,000lbs: 3.5 - 15 years prison term Over 10,000lbs: 8 -15 years prison term *including fines “ lbs” refer to pounds |
| Class E | First offense: 0 - 9 months in a house of correction or by a fine between $250 and $2,500, or both such fine and imprisonment. Subsequent offense: 0 - 1.5 years in a house of correction or by a fine between $500 - $5,000, or both such fine and imprisonment | 0 - 6 months in a house of correction or by a fine of $500, or both. |
Depending on the peculiarities of the case, the offender may be able to rely on provisions of the Massachusetts drug laws that mitigate the severity of applicable punishments. In particular, individuals serving a mandatory minimum sentence in a house of correction for trafficking in narcotics or selling class A drugs may be eligible for parole after serving half of the maximum sentence. An offender will, however, not be eligible for parole where the culpable act included any of the following aggravating situations
- Use of violence, threats of violence, or possession of a firearm
- Arranging the commission of a felony drug offense
- Sale of any class A-C drug to minors
- Abetting a minor to sell class A-C drugs
Similarly, a first-time offender convicted for the possession of marijuana or a controlled substance in Class E is entitled to probation unless they object to it or if the court recommends against it. Following the successful completion of the probation period, the drug charge will be dismissed.
What Percentage of Crimes are Drug-Related in Middlesex County?
In 2019, the Massachusetts Executive Office of Public Safety and Security (EOPSS) recorded that Middlesex County had a total of 1,379 drug violations. This figure represents 4% of the crimes within the county during the year. A breakdown of the drug crimes shows a record of 67% possession cases, 26% distribution cases, 3% cases on buying, and 3% on consumption. Cases on transporting, manufacturing both amounted to 1% of the total drug crimes in Middlesex County. Similarly, statistics on drug crimes by drug type show that crack cocaine constituted about 8% of the drug crimes, Marijuana was 18% of the crimes, other forms of cocaine 18%, heroin 17%, morphine 0.1%, LSD 0.3%, and meth 5%. When compared to the previous year, these statistics denote a 4% reduction in Middlesex drug crime rate.
How Many Prisoners Are in Jail For Drug-Related Crimes in Middlesex County?
According to the Massachusetts EOPSS, Middlesex registered a total of 901 drug crime arrestees in 2019. Compared to the reports of 2018, there was a 7% drop in the county’s number of drug crime arrestees. The National Drug Intelligence Center (NDIC) recounts that from the 1990s, the populated counties in Massachusetts like Middlesex have been a major market for drug trade. However, drug crime reports of the past indicate a gradual drop in drug offenses. In fact, drug crimes declined by 15% between 2015 and 2019.
Middlesex County Drug Crime Lawyer
Middlesex drug crime attorneys have the training, expertise, and experience to navigate the Massachusetts drug crime legal processes. Drug lawyers can give valuable legal advice and assistance that can make a difference in the offender’s case. Drug attorneys are qualified professionals that can handle the substantive and procedural challenges of a drug crime legal proceeding. A drug crime attorney will examine the circumstances surrounding the suspect’s search and arrest to expose any irregularity that can be used as a defense for the offender. The lawyer will also seek to explore gaps in the prosecution’s arguments to discredit the drug charge. In the event that the drug charge leads to a conviction, the drug attorney will help the offender negotiate possible resolution options or means of reducing the defendant’s sentence.
How to Beat Drug Crime Charges in Middlesex County
Depending on the circumstances of the case, the defense may be able to raise one or more defenses, including
Mere presence defense: the accused’s mere presence at a location where the police discover drugs without other corroborative evidence is not sufficient to convict the accused.
Violation of Sixth Amendment rights: Under the United States’s Supreme Court decision in Melendez–Diaz v. Massachusetts, a prosecution seeking to rely on a chemist’s report that a drug is illegal cannot do so without inviting the chemist as a witness. If the prosecution does otherwise, the court can strike out the drug charge for the violation of the Sixth Amendment to the U.S. Constitution, which gives defendants the right to challenge the evidence brought against them in a lawsuit. Additionally, the court will generally be strict in its consideration of a lab report due to the Annie Dookhan and Sonja Farak lab scandals that led to the cancellation of thousands of drug cases in Massachusetts.
Violation of Fourth Amendment rights: Pursuant to the provisions of the Fourth Amendment to the U.S. Constitution, law enforcement officials cannot conduct a search except they have a reasonable cause to do so or they have a court-issued search warrant. A defendant can challenge the legality of a drug search and move motions to suppress any evidence resulting from such search.
Lack of Knowledge: Knowledge of the presence of drugs is a key element in sustaining a drug charge in Middlesex County. The law places a burden on the prosecution to prove that the suspect had knowledge of possession of the drugs beyond a reasonable doubt. A defendant can successfully defend a drug charge by showing a lack of knowledge of the presence of the drug(s) in question.
Prescription for the Drugs: A defendant may escape prosecution by providing a prescription for possession and use of drugs. The prescription warrants the custody of the controlled substance. As regards the accusation of possession of illegal amounts of marijuana, the suspect may be able to convince the court that they are a patient certified to engage in a medicinal testing program and possesses the marijuana for personal use under that program.
Defendants with minor or no criminal record can also consider the option of settling their charges with the prosecution in either of the following ways.
Continuance Without a Finding (CWOF): Under this arrangement, the suspect admits to committing the drug crime and avoids a conviction. The court will instead continue the proceedings until the offender has successfully served a probationary period and satisfied its conditions.
Pretrial Probation: the prosecutor can agree to withdraw the charge for certain drug offenses if the offender agrees to specified conditions such as abstaining from drugs or attending therapy for an agreed period. Pre-trial probation does not require an admission of guilt on the part of a defendant but they are required to abide strictly by the stipulated terms of probation.
