Drug Trafficking

Uncover the Top Strategies: How Our Expert Lawyers Defend Against Drug Trafficking, Distribution, and Possession with Intent Charges

Facing drug trafficking, distribution, or possession with intent charges in Massachusetts is a serious matter. These charges carry severe penalties, including lengthy prison sentences, hefty fines, and devastating immigration consequences. At Erkan & Sullivan, P.C., we understand the gravity of these charges and are committed to providing a robust and strategic defense for our clients. Our expert lawyers, Murat Erkan and Ryan P. Sullivan, are here to reveal the top strategies for defending against these serious charges.

Understanding Drug Trafficking, Distribution, and Possession with Intent Charges

Drug trafficking, distribution, and possession with intent to distribute are among the most serious drug-related offenses. Understanding the nuances of each charge is crucial for mounting an effective defense.

Drug Trafficking

Drug trafficking involves the manufacture, distribution, or sale of large quantities of illegal drugs. In Massachusetts, trafficking thresholds vary depending on the type of drug:

• Heroin: 18 grams or more
• Cocaine: 18 grams or more
• Marijuana: 50 pounds or more
• Fentanyl: 10 grams or more

The penalties for drug trafficking are severe and increase with the quantity of drugs involved:

• Heroin/Fentanyl:
  • 18 to 36 grams (heroin) or 10 grams (fentanyl): Minimum 3.5 years in prison
  • 36 to 100 grams: Minimum 5 years in prison
  • 100 to 200 grams: Minimum 8 years in prison
  • Over 200 grams: Minimum 12 years in prison
• Cocaine:
  • 18 to 36 grams: Minimum 2 years in prison
  • 36 to 100 grams: Minimum 3 years in prison
  • 100 to 200 grams: Minimum 8 years in prison
  • Over 200 grams: Minimum 12 years in prison

The relevant statute is G.L. c. 94C, section 32E.

Drug Distribution

Drug distribution charges involve the sale or distribution of illegal drugs and carry significant penalties. The severity of the penalty is influenced by the quantity of the drugs and the defendant’s prior record.

Possession with Intent to Distribute

Possession with intent to distribute means that an individual had illegal drugs in their possession and intended to sell or distribute them. The prosecution must prove intent, which can be inferred from the quantity of drugs, packaging materials, and other evidence.

School Zone Violations

Drug offenses committed within 300 feet of a school or 100 feet of a park carry enhanced penalties. Even if no children are present, these charges add a mandatory minimum sentence of 2 years in addition to the underlying offense penalties.

Immigration Consequences

Drug trafficking, distribution, and possession with intent charges can have devastating immigration consequences, whether you are a legal permanent resident or undocumented.

Legal Permanent Residents

For legal permanent residents (LPRs), these charges can lead to:

• Deportation: Convictions for drug trafficking, distribution, or possession with intent are considered aggravated felonies, making an LPR deportable.
• Inadmissibility: Convictions can render an LPR inadmissible, affecting their ability to re-enter the U.S. after travel abroad or to apply for naturalization.
• Loss of Status: Multiple convictions or a conviction for a particularly severe offense can lead to the loss of LPR status.

Undocumented Immigrants

For undocumented immigrants, the consequences are even more severe:

• Deportation: Any conviction for drug trafficking, distribution, or possession with intent can result in immediate deportation.
• Ineligibility for Relief: Convictions can make an undocumented immigrant ineligible for various forms of relief, such as asylum or cancellation of removal.
• Permanent Bar to Re-entry: Convictions can lead to a permanent bar from re-entering the U.S.

Why Choose Erkan & Sullivan, P.C.?

When it comes to defending against drug trafficking, distribution, and possession with intent charges, having seasoned and strategic legal representation is essential. Here’s why Murat Erkan and Ryan P. Sullivan are uniquely equipped to handle these complex cases:

1. Deep Knowledge of Prosecutorial Tactics:
   • Murat Erkan: With over twenty-six years of trial experience, including extensive work as a prosecutor in Essex County, Murat has a profound understanding of how prosecutors build their cases. This insight allows him to anticipate and counteract prosecutorial strategies effectively.
   • Ryan P. Sullivan: Ryan’s award-winning tenure as a prosecutor in the Middlesex County District and Superior Courts has provided him with an insider’s perspective on prosecutorial tactics. His transition to criminal defense enables him to identify and exploit weaknesses in the prosecution’s case, particularly in high-stakes drug cases.
2. Specialized Defense Strategies:
   • Murat Erkan: Murat’s approach to each case is meticulously tailored, leveraging his prosecutorial background to dismantle the prosecution’s arguments. His extensive courtroom experience and relentless style at trial are crucial assets in fighting serious drug charges.
   • Ryan P. Sullivan: Ryan’s aggressive defense tactics and thorough understanding of drug laws make him a formidable advocate. His ability to meticulously analyze and challenge evidence, coupled with his strategic negotiation skills, ensures a robust defense.
3. Proven Track Record of Success:
   • Murat and Ryan: Both attorneys have a history of securing favorable outcomes in complex drug cases. Their expertise and strategic acumen have led to numerous dismissals, reductions in charges, and successful plea negotiations.

Unique Defense Strategies for Serious Drug Charges

Our approach to defending against drug trafficking, distribution, and possession with intent charges is multifaceted and tailored to each client’s unique situation. Here are some of the specialized strategies we employ:

Suppression Motions

One of the most powerful tools in defending against drug charges is filing suppression motions to exclude evidence obtained through illegal means.

• Illegal Searches: If law enforcement conducted a search without a valid warrant or probable cause, any evidence obtained during that search can be suppressed. This often involves challenging the legality of traffic stops, home searches, and searches of personal belongings.
• Violation of Rights: If your Fourth Amendment rights were violated during the investigation or arrest, we can file a motion to suppress any evidence obtained as a result. Suppression motions can lead to the dismissal of the case if the prosecution’s key evidence is excluded.

Defenses Challenging Intent to Distribute Versus Personal Use

Proving intent to distribute rather than personal use is a significant burden for the prosecution. We employ several strategies to challenge this intent:

• Quantity of Drugs: We argue that the quantity of drugs found was consistent with personal use rather than distribution.
• Lack of Distribution Paraphernalia: We highlight the absence of items typically associated with distribution, such as scales, baggies, and large amounts of cash.
• Client’s Personal Circumstances: We present evidence of the client’s personal drug use history, demonstrating that the drugs were intended for personal use rather than distribution.

Contesting Knowledge, Ability, and Intent to Exercise Dominion and Control

In many cases, the prosecution must prove that the defendant had the knowledge, ability, and intent to exercise dominion and control over the drugs. We challenge these elements by:

• Mere Presence Defense: We argue that the defendant’s mere presence at a location where drugs were found does not prove possession or control. This is particularly relevant in cases where drugs were found in a shared space, such as a car or apartment.
• Lack of Evidence of Control: We demonstrate that there is no evidence to show the defendant had control over the drugs. This can involve questioning the credibility of witnesses or co-defendants who may have a motive to implicate our client.
• Alternative Explanations: We provide alternative explanations for the defendant’s presence at the scene, such as visiting friends or being in the wrong place at the wrong time.

Strategic Negotiations: Securing Favorable Outcomes

While our primary goal is to have charges dismissed or reduced, achieving a favorable plea bargain in serious drug cases requires exceptional negotiation skills and a deep understanding of the legal landscape.

Continuance Without a Finding (CWOF)

One effective resolution in drug cases is a Continuance Without a Finding (CWOF) (for US citizens, not immigrants because it can trigger immigration consequences). A CWOF allows the defendant to admit that the evidence is sufficient for a finding of guilt, but instead of entering a conviction, the court continues the case for a specified period (usually six months to a year). During this period, the defendant must comply with certain conditions, such as:

• Probation: The defendant must meet regularly with a probation officer and comply with all probation terms.
• Drug Testing: Regular drug testing to ensure the defendant is not using illegal substances.
• Treatment Programs: Participation in drug education or treatment programs as required.

If the defendant successfully complies with these conditions, the case is dismissed at the end of the continuance period, and no conviction is recorded. This can be particularly beneficial for avoiding a criminal record and minimizing immigration consequences. However, obtaining a CWOF for serious drug charges requires exceptional negotiation skills and a thorough understanding of the legal system.

General Continuance

Another potential resolution is a general continuance. In this arrangement, the court agrees to continue the case for a set period without a finding or admission of guilt. During this time, the defendant may need to:

• Stay Out of Trouble: Avoid any new criminal charges.
• Community Service: Complete a certain number of community service hours.
• Compliance with Court Orders: Follow any additional court-imposed conditions.

If the defendant meets these conditions, the charges may be dismissed or reduced at the end of the continuance period. A general continuance can help avoid the immediate consequences of a conviction and provide the defendant with an opportunity to demonstrate good behavior. Negotiating a general continuance for serious drug offenses requires a strategic approach and the ability to persuade the prosecution and the court of the defendant’s commitment to rehabilitation and compliance.

Geographic Considerations:

Due to the state’s tendency to over-police urban and economically disadvantaged areas, the majority of drug prosecutions occur in diverse urban centers such as Boston, Worcester, Brockton, New Bedford, Lowell, Lawrence, Lynn, Fall River, Chelsea, Malden, Woburn, Framingham, and Haverhill. However, this does not imply that smaller towns like Andover, Newton, Concord, and Ayer are exempt from strict drug enforcement policies. Additionally, towns located along major highways, such as Leominster and Sturbridge, also experience heightened levels of enforcement.

Contact Erkan & Sullivan, P.C. Today

If you or a loved one is facing drug trafficking, distribution, or possession with intent charges in Massachusetts, don’t wait to seek legal help. The sooner you contact us, the better your chances of achieving a favorable outcome. At Erkan & Sullivan, P.C., we are dedicated to fighting for justice and ensuring that your rights are protected.

At Erkan & Sullivan, P.C., we believe that everyone deserves a strong defense. Our team is committed to providing the highest level of legal representation to those caught in the grips of the criminal justice system. Remember, you are not alone. With our secrets to beating drug trafficking, distribution, and possession with intent charges, we stand ready to fight for you every step of the way.