Do not talk to police. Do not give them ammo to convict you. You give your name and date of birth and request a lawyer.

Possession

Possession is the least serious of drug offenses. The penalties range from 6 months to 2 years in jail, except for a subsequent possession of heroine conviction, which is a felony punishable by up to 2.5 years in jail or 2.5 to 5 years in state prison.

Possession with intent to distribute usually carries a 2 year minimum mandatory school zone charge with it. Heroine is not more than 10 years in state prison, or up to 2.5 years in jail. Subsequent offenses: 5-10 years state prison with a 5 year minimum mandatory prison sentence.

Cocaine

If charged under (A) of Section 32A of GL 94C
No more than 10 years state prison or up to 2.5 years in jail. Subsequent offense: 3-10 years in state prison with a 3 year minimum mandatory state prison sentence.

If charged under (C) of Section 32A of GL 94C
2.5 to 10 years state prison or 1 to 2.5 years jail with a 1 year minimum mandatory jail sentence. Subsequent offense: 5-15 years state prison with a 5 year minimum mandatory prison sentence.

Marijuana

Up to 2 years jail. Subsequent offense: not less than 1- 2.5 years jail.

School Zone:

If charged with distribution or possession with intent to distribute within 1000 feet of a public or private accredited pre-school, head start facility, elementary, or secondary school, a conviction means a 2 year minimum mandatory jail/prison sentence that will run after the sentence on the possession with intent or distribution charge.

Drug Trafficking

Here, the penalties depend on the weight of the drugs.

Heroine

• 14 grams or more, but less than 28: 5-20 years prison, with a 5 year minimum mandatory prison sentence
• 28 grams or more, but less than 100 grams: 7-20 years with a 7 year minimum mandatory prison sentence
• 100 grams or more but less than 200 grams: 10-20 years with a 10 year minimum mandatory prison sentence
• 200 grams or more, 15-20 years with a 15 year minimum mandatory prison sentence

Cocaine

• 14 grams or more, but less than 28: 3-20 years prison, with a 3 year minimum mandatory prison sentence
• 28 grams or more, but less than 100 grams: 5-20 years with a 5 year minimum mandatory prison sentence
• 100 grams or more but less than 200 grams: 10-20 years with a 10 year minimum mandatory prison sentence
• 200 grams or more, 15-20 years with a 15 year minimum mandatory prison sentence

Marijuana

• 50 pounds or more but less than 100: 2.5-15 years prison, 1-2.5 years jail with a 1 year minimum mandatory jail/prison sentence
• 100 pounds or more, but less than 2000: 3-15 years with a 3year minimum mandatory prison sentence
• 2000 pounds or more, but less than 10,000: 5-15 years with a 5 year minimum mandatory prison sentence
• 10,000 pounds or more: 10-15 years with a 10 year minimum mandatory prison sentence

Cops tricks of the trade:

1. CI's or confidential informants
2. Undercover cops make buys
3. Surveillance by detectives and state troopers that are assigned to every district attorney's office under the CPAC unit

How do they search the people and places?

1. Search warrant issued by a Judge or Clerk-Magistrate - Officer must submit written affidavit.
2. Warrant less stop, search and seizure of cars, people, persons, apartment units, homes, condominiums, purses, bags, lockers, suitcases.

How do you fight?

1. Motion to suppress evidence and statements because the police did not follow the requirements of the Massachusetts Declaration of Rights, Articles 12 and 14, and/or they violated the 4th, 5th, or 6th Amendments of the United States Constitution, as made applicable through the 14th Amendment.
2. Pre-trial discovery motions to limit the prosecution
3. An aggressive trial strategy to avoid conviction if possible, and any minimum mandatory sentences.