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Proving a Drug Crimes Charge

May 5, 2012 by Kevin Mahoney

Elements of a Massachusetts Drug Trafficking Case 

Drug trafficking is a serious criminal offense in Massachusetts. If you are convicted, you are facing a mandatory prison sentence. You need an experienced Boston drug crimes lawyer to review the facts of your case, assess your legal options, and help you present your best defense.

In order to obtain a Massachusetts drug trafficking conviction, the Commonwealth must prove each of the following elements beyond a reasonable doubt:  

(1)  “Trafficking” behavior

The law defines drug “trafficking” broadly, to include (a) manufacturing, distributing, dispensing, or cultivating a controlled substance, or (b) possessing a controlled substance with the intent to manufacture, distribute, dispense, or cultivate that substance, or (c) transporting a controlled substance across state lines from another state into the Commonwealth of Massachusetts;

(2)  Knowledge or intent

The defendant must have “knowingly or intentionally” committed the acts charged as drug trafficking; and,

(3)  An unlawful amount of drugs

Lastly, the prosecutor must prove that the defendant’s activities involved a minimum amount of the particular controlled substance, as established by the law. The penalties for drug trafficking are directly linked to the amount of the controlled substance involved; the greater the amount, the more severe the penalty. For example, an offense of drug trafficking in marijuana requires a minimum weight of 50 pounds. Marijuana trafficking in an amount between 50 and 100 pounds results in a mandatory minimum term of imprisonment for one year, while trafficking in an amount above 10,000 pounds requires a mandatory minimum sentence of ten years. Similarly, an offense of drug trafficking in heroin requires a minimum weight of 14 grams (punishable by a mandatory minimum prison term of 5 years). Conviction of heroin trafficking in an amount of 200 grams or more, by comparison, results in a mandatory minimum prison term of 15 years.

Contact a Massachusetts Drug Offense Lawyer

The War on Drugs is being hard-fought in the state of Massachusetts. If you are charged with a drug trafficking offense, you need a smart, experienced Boston drug crimes lawyer on your side to protect your rights. The lawyers at the Mahoney Criminal Defense Group will aggressively challenge the State’s evidence against you by means of a motion to suppress, and piercing cross-examination at the suppression hearing and, if necessary, at trial. Please contact us is you would like to discuss drug charges brought against you.

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Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
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About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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