Drug Crimes

Massachusetts Drug Offenses: Severe Penalties Demand an Aggressive Defense

When people think of Massachusetts, they often imagine a state at the forefront of progressive ideals and liberal values. Yet, beneath this veneer lies a harsh reality: the penalties for drug offenses in Massachusetts are among the most severe in our country. Almost every drug-related offense here is classified as a felony, carrying with it draconian mandatory minimum sentences. Imagine facing twelve years in prison for a first-time offense, or a staggering twenty years for a repeat offense. This is not hyperbole; it is a sobering fact.

The Unyielding Grip of Massachusetts Drug Laws

Federal courts offer some measure of relief, a mechanism that allows first-time offenders to avoid mandatory minimum sentences. However, in the Commonwealth of Massachusetts, no such safety net exists. Here, if you are convicted, even the most compassionate judge cannot circumvent the mandatory sentences that the law imposes.

Even if you have no prior record, the government will aggressively pursue severe penalties, often including incarceration. This underscores the urgent need for a specialized team of attorneys when facing drug charges. Today, the need for an aggressive defense in drug cases is more critical than ever.

Common Drug Offenses in Massachusetts

The most common drug offenses in Massachusetts state and federal courts include:

1. Possession of Controlled Substances
2. Possession with Intent to Distribute, Drug Trafficking and Conspiracy
3. Prescription Drugs

Massachusetts drug laws are contained in G.L. chapter 94C and most federal drug crimes are prosecuted under 21 U.S.C. section 841. The most common classes of drug offenses include trafficking, distribution and possession of class A drugs like fentanyl, heroin, and methamphetamine, class B drugs like cocaine, and class D drugs like marijuana.

The Pressure of Public Fear

In recent years, we have seen a dramatic rise in opiate addiction and overdose, capturing the nation’s attention and heightening public fear. As drug overdose has become the leading cause of death among people under 50, the clamor for justice has become deafening. The nation is gripped by fear, searching for scapegoats, and this places immense pressure on prosecutors and judges to “make an example” of alleged drug offenders. Unfortunately, these stiff sentences do little to solve the root of the problem and disproportionately impact communities of color, often making the problem worse.

Without a powerful defense, you risk becoming another casualty of this ill-conceived war on drugs.

Erkan & Sullivan, P.C.: Your Beacon in the Storm

At Erkan & Sullivan, P.C., we are proud to be recognized as leaders in innovative and bold drug defenses. Our track record is clear. We have defended clients in some of the most high-profile drug cases in Massachusetts history, including a case involving 46 pounds of cocaine and another involving $370,000 in cash and 44 pounds of heroin. Not only do we strive to help our clients avoid jail time, but we also boast an extraordinary record of getting such cases dismissed.

Mastering the Art of Defense

Search and Seizure

Police cannot stop, question, and search individuals on mere suspicion of drug involvement. There is a complex set of rules that law enforcement must follow. Massachusetts courts have developed a vast body of law on search and seizure, protecting the rights of individuals. At our firm, we meticulously examine every aspect of your case to ensure police compliance with these stringent legal standards. We are vigilant in identifying any missteps, which we then use to demand the dismissal of charges.

I recall a recent case where our firm uncovered a simple technical error on a warrant application. This minor mistake is expected to lead to the dismissal of a major drug trafficking case in Lawrence. In another instance, our thorough analysis led to the dismissal of a case involving seventy bags of cocaine due to an inefficient car stop. Yet another case saw us convincing the court to throw out charges when a client was caught with 4,000 oxycodone pills, as the officer exceeded the permissible scope of a pat frisk.

Challenging the Connection to Contraband

Often, police make assumptions based on suspicions, location, or association. However, the law requires the government to construct a compelling case against you, proving your guilt beyond a reasonable doubt. We work tirelessly to topple even the sturdiest cases by highlighting flawed reasoning, conjecture, and speculation.

In one notable instance, we disassembled the government’s case against a client by revealing the gaps and assumptions underlying their claims. By demonstrating the lack of concrete evidence, we inspired the crucial reasonable doubt that led to an acquittal.

Scrutinizing Police Experts

The government frequently relies on “expert” narcotics detectives to bolster weak cases. These so-called experts often tailor their testimony to fit the prosecution’s narrative, despite the lack of verifiable data backing their claims. As a former prosecutor deeply involved in the war on drugs, I have unique insight into these tactics.

I recall a trial where a police “expert” testified that drug deals never occur in certain locations, only to contradict himself in a subsequent trial. This inconsistent testimony highlighted the unreliable nature of such expert opinions. Our team is adept at exposing these fallacies, ensuring the jury focuses on the factual evidence, not shifting theories.

Discrediting the Police Informant

Police informants present another perilous element in drug enforcement. Often, these informants are criminals themselves, motivated by self-interest rather than civic duty. Their testimonies can be dubious at best, driven by a desire to save their own skin or gain financially.

In one case, we exposed an informant’s checkered past and self-serving motives, discrediting their testimony and weakening the government’s case. At Erkan & Sullivan, P.C., we believe in transparency and challenge the government’s reliance on unverified informant information. By bringing to light the true nature of an informant’s motives, we ensure a fairer trial for our clients.

Geography matters:

Owing in large part to our state’s love affair with over-policing urban and economically disadvantaged communities, most drug prosecutions are centered in diverse urban centers such as Boston, Worcester, Brockton, New Bedford, Lowell, Lawrence, Lynn, Fall River, Chelsea, Malden, Woburn, Framingham and Haverhill. This does not mean that smaller communities like Andover, Newton, Concord, and Ayer are safe from harsh drug enforcement policies. Communities through which highways run, like Leominster and Sturbridge, also see a disparate level of enforcement.

Conclusion: Your Defense Starts Here

Drug charges in Massachusetts are no trivial matter. They carry severe penalties and lasting consequences. At Erkan & Sullivan, P.C., we are committed to providing an aggressive, thorough defense to protect your rights and your future. Our deep expertise and unwavering dedication have consistently delivered outstanding results for our clients.

Do not face these charges alone. Contact Erkan & Sullivan, P.C. today, and let us fight for you. We will scrutinize every detail, challenge every assumption, and stand by you every step of the way. Your freedom and future depend on a strong, knowledgeable defense, and we are here to provide just that.