In the State Courts of Massachusetts the severity of a drug case depends on the amount of drugs and their classification. Controlled substances are classified from Class A to Class E. Class A drugs are treated the most severely mainly due to their highly addictive nature; the most common on the streets is Heroin. The most commonly seen of the other classifications are: Class B, different types of Methamphetamines, such as Cocaine or Adderall as well as LSD; Class C, peyote and mescaline; Class D includes Marijuana, and Class E steroids.

Charges can range from Possession of a controlled substance to “Trafficking” in a controlled substance which basically is possession of such a large amount of the drug that the law presumes that it is not for personal use and that you intend to sell/distribute such a large amount. Possession of less than an ounce (28.3 grams) of Marijuana for personal use is now a civil infraction carrying just a $100 fine. But be aware intent to distribute a drug, including Marijuana is still a criminal offense. Evidence of intent to distribute is seen in police testifying as to how the drugs are packaged, small quantities individually wrapped, also whether a large amount of currency was seized from the person, or beepers or multiple cell phones. Distribution is also charged when a sale to an undercover officer occurs or they observe a "hand to hand" transaction with another person. Although a personal use amount of marijuana is no longer a criminal offense possession of any drug paraphernalia is still a misdemeanor criminal charge.

Penalties increase with charges of distribution or possession with intent to distribute. Trafficking amounts start at possession of 14 to 28 grams, if it is Cocaine a 3 year minimum mandatory jail sentence is triggered at this level, Heroin a 5 year mandatory sentence. Between 28 to 100 grams, Cocaine has a 5 year mandatory sentence, Heroin 7 years. Trafficking between 100 to 200 grams triggers a 10 year minimum mandatory sentence for both Cocaine and Heroin; and over 200 grams of either substance has a 15 year mandatory sentence. Trafficking or intent to distribute type charges can also trigger a "School Zone" charge which basically requires a 2 year minimum mandatory sentence on and after any other sentence if the offense occurred within 1000 feet of any type of school or park. In metro Boston it is common to see this charge with the large amount of parochial schools that exist in most neighborhoods.

It is easy to see why it is important to get an attorney involved in your case as soon as possible. The less you say to the police the better; they will only use your statements against you and will often confuse or distort what you say to make a better case against you. It is very important to understand that what happens on the street at the time of the investigation or arrest by police appears at times completely different in a police report. What happens at the time of arrest and how an officer may later testify against you in a motion or at trial sometimes are completely unrelated; this is the reality of the situation. The reality is police at times investigate, search and arrest people based on observations or tips which don’t amount to the necessary probable cause to invade privacy but later when a police report is drafted actions or behavior appears in the report which creates probable cause for their search. If you have not already, do not make a statement to the police tell them you would like to speak to your attorney first. Avoid the natural desire to want to explain. The police may threaten you with severe prosecution or immediate arrest, don’t be fooled any statement made without an attorney is almost always a bad idea. You have a Constitutional right to remain silent under the 5th Amendment; you do not have to provide evidence through admissions or excuses. It is the Commonwealth who bears the burden of proving your guilt beyond a reasonable doubt. You have the right to sit there in Court and say nothing and make the Commonwealth bring witnesses and evidence to prove your guilt beyond a reasonable doubt. You do not have to say or prove anything at trial and the Commonwealth cannot argue that your silence at your time of arrest or at trial is somehow proof that you are guilty.

Most drug cases involve filing motions to suppress evidence which challenge the manner in which the police found the drugs or investigated the matter. Search warrants are often executed at homes which are either improperly applied for or executed. These things need to be challenged. Frank Fernandez is a former prosecutor who has had numerous drug trials as both a prosecutor and criminal defense lawyer, he has been practicing criminal defense for years and is very good at investigating drug cases using investigators who are former State Troopers to help build the strongest case for you. There are many stages in a criminal drug case including: the initial investigation, questioning, extradition, arrest, grand jury proceedings and testimony, bail hearing, arraignment, motions to suppress evidence including statements, plea negotiations if appropriate, jury or judge trials, verdicts, pre-sentence investigations and reports, post conviction appeals and motions for new trial, probation violation and issues of parole. You need an attorney as soon as possible if facing a drug charge to help guide you and fight at every stage on your behalf.