What are Possible Defenses for a Drug Trafficking in Massachusetts?

Written By: Matthew W. Peterson

Published: 12/28/2022

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If you’ve been charged with drug trafficking in Massachusetts, it is crucial that you call a drug trafficking defense attorney as soon as possible. Drug trafficking is a serious offense, and a conviction could result in jail time, including mandatory minimum sentences, and fines. The Law Office of Matthew W. Peterson take on criminal defense cases in all Massachusetts courts.

What is Drug Trafficking in Massachusetts?

A person may be charged with drug trafficking if they have large amounts of controlled substances in their possession that they have sold, have the intent to distribute, or are manufacturing drugs. Controlled substances are any drug that a licensed doctor has the authority to prescribe, including opioids, stimulants, depressants, hallucinogens, and anabolic steroids. The category of controlled substances also includes drugs that serve no medical use, and are illegal in the United States, such as heroin.

What Must the Prosecution Prove in Order to Convict Me of Drug Trafficking in Massachusetts?

That you transported, manufactured, or distributed controlled substances.
That you knew you were in possession of the illegal substances, and that you intended to sell them.
That the drugs had a certain weight.

Possible Defenses for a Drug Trafficking Charge in Massachusetts

Insufficient evidence
- The prosecution did not provide enough evidence to show that you transported, manufactured, or distributed controlled substances.
- The items seized were not controlled substances.
No knowledge of the drugs/ did not intend to distribute
- The state must also prove that you knew the substances were in your possession, and that you had the intention to sell them, rather than for personal use.
- You can also defend the case by arguing that you were not in constructive possession of the drugs at all.
- The prosecution may also have to show evidence to support the “intent to sell” aspect, which could mean that they found a scale in your possession, or other materials that are used to trafficking drugs, such as plastic baggies.
Motion to Suppress
- You could also argue that you were searched illegally, either at your home or your person. A criminal defense attorney could prove that your rights were violated, and the entire case could be thrown out.
- I have won several motions to suppress even in high-stakes trafficking cases.

If you have been charged with drug trafficking, there are defenses that can be argued in court. We are criminal defense attorney based in Boston, and I can help you with your drug case. Drug trafficking in Massachusetts is a serious offense, so you should contact an experienced and skilled criminal defense attorney so you can have the best chance of obtaining the best outcome. We have office locations in Boston and Salem, Haverhill, but we take cases in all Massachusetts courts.

Call or text the Law Office of Matthew W. Peterson at 617-295-7500 today, and let’s get started on your defense!