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What are Possible Defenses for a Drug Trafficking Charge?

If you’ve been charged with drug trafficking, it is crucial that you call a 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. I take on criminal defense cases in all Massachusetts courts, so call or text me today at 617-295-7500!

What is Drug Trafficking?

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 if they 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 substance 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?

  • 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

  • Insufficient evidence
    • The prosecution did not provide enough evidence to show that you transported, manufactured, or distributed controlled substances
    • That 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 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 on high stakes trafficking cases.

If you have been charged with drug trafficking, there are defenses that can be argued in court. I am a 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. I have office locations in Boston and Salem, Massachusetts, but I take cases in all Massachusetts courts.

Call or text me at 617-295-7500 today, and let’s get started on your defense!

 

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Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.

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