Boston Lawyer - Trafficking A Controlled Substance - The Fernandez Firm
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In state court trafficking is a charge of possessing a large amount of a controlled substance, an amount which alone is evidence that it is not for personal use but rather to distribute or “traffic” in the controlled substance. Possession of large amounts of drugs carries mandatory minimum sentences which are set out by statute. Trafficking does not require that a person be caught distributing the drug, mere possession of these large amounts is considered trafficking.


In federal court large amounts of drugs are charged usually as a conspiracy to distribute and include multiple co-defendants who are charged only after a lengthy investigation involving thorough surveillance. These cases usually involve wiretaps of phone conversations between the co-defendants over a large period of time in which the conversations are recorded. The investigations usually end with the federal agents, after listening to phone conversations and following suspects, intercepting a large shipment of drugs or currency and then charging all those connected to the conspiracy. Conspiracy to distribute charges in federal court cast a wide net in which all involved can be held accountable for the actions of the whole group as long as it is shown that a person acted in some way to advance the purpose of the conspiracy. It is a serious charge in that these cases usually involve a large quantity of drugs carrying a mandatory minimum sentence in federal court. In both state and federal court the mandatory minimum sentence is triggered by the type of drug and quantity.


Trafficking charges in state court carry the following mandatory minimum sentences:

Trafficking in Heroin a class A drug triggers:

  • 18 to 36 grams a 3.5 year mandatory minimum sentence;
  • 36 to 100 grams triggers a 5 year mandatory minimum sentence;
  • 100 to 200 grams triggers a 8 year mandatory minimum sentence;
  • 200 grams or more triggers a 12 year mandatory minimum sentence;
  • The maximum potential sentence for all of the above amounts is 20 years.


Trafficking in Cocaine a class B drug triggers:

  • 18 to 36 grams 2 year mandatory minimum sentence;
  • 36 to 100 grams 3 year mandatory minimum sentence;
  • 100 to 200 grams 8 year mandatory minimum sentence;
  • 200 grams or more a 12 year mandatory minimum sentence;
  • The maximum potential sentence for these offenses is 20 years except for between 18 to 36 grams which carries a maximum potential sentence of 15 years.


Trafficking in Marijuana a Class D drug triggers:

  • 50 to 100 pounds a 1year mandatory minimum sentence;
  • 100 to 2,000 pounds a 2 year mandatory minimum sentence;
  • 2,000 to 10,000 pounds a 3.5 year mandatory minimum sentence;
  • 10,000 + a 8 year mandatory minimum sentence;
  • The maximum potential sentence for these offenses is 15 years.


Trafficking and Conspiracy to distribute drugs are the most severe drug charges in both state and federal court. An experienced criminal lawyer would attempt to challenge the evidence through motions to suppress or to dismiss. Pre-trial motions can be based on a lack of probable cause to obtain search warrants which formed the basis for the surveillance, wiretap or search involved. Challenges of the probable cause for the arrest itself would also be investigated. As always a thorough analysis of the probable cause to search or arrest a suspect needs to be done in every case.


Frank Fernandez was my lawyer for my case. He did a great job on handeling my case. Frank went out his way to get the proper justice in my defense. He didn't just give up on me Frank skills are great he is a great lawyer and I would tell anyone about his services. He is a good man.
Corey Williams
Corey Williams
15:38 21 Aug 17
Very professional and personable. highly recommended. Cared about my cases.exceeded expectations. Thank You Frank.
Adrian Mojica
Adrian Mojica
23:53 10 Aug 17
Was very helpful through out the whole process and was able to get good results out of the cases an less than a year which is amazing.
Xavier Perez
Xavier Perez
18:16 08 Jul 17
Very great to work with. Knowledgeable, calm, cool, and collected. Highly recommended.
Ryan Askerberg
Ryan Askerberg
08:48 07 Jul 17
I am happy that I chose Frank to be my lawyer, and I will choose him again in the future. Although we agreed that I will pay him more money if my case went to trial, but he did his best to get my case dropped, and in fact the case was dismissed, and I didnt have to go through a trial or pay him extra money. He did all the work and all i had to do was showing up in court, I didnt need to speak a word. Very impressing, Frank is someone you can trust, and I respect him and his work
Remas 20007
Remas 20007
18:31 11 Oct 16
He is an amazing lawyer and I recommend him tremendously! He cares about his clients and I assure you he will try his best to get you the best outcome! Highly thankful that I found him, he goes out of his way to please his clients and is very effective. If you are a latino or hispano do not even hesitate and hire him ASAP.
Maria Jose Escobar Navarro
Maria Jose Escobar Navarro
17:05 04 Oct 16
Very honest. Accepted my case while I was in NYC. Explained to me exactly what will happen at minimum cost. First time I can say I met an honest attorney. As a business and real estate in NYC, I retained many attorneys whose goal was to maximize their fees. Mr Fernandez was very reasonable and upfront honest with his fee. Very highly reccomend.
John Haniff
John Haniff
20:51 09 Feb 16
Frank Fernandez should be the first call anyone makes within the Boston area for legal representation. As a working professional, I made a horrible mistake and I was arrested with the potential of spending a lot of time in jail with the potential to have charges escalated. His efforts saved me a lot of potential pain and grief. He came to my rescue when I had no family locally to help me out of the situation my actions caused.I was fortunate that I found him out of the chaotic choices that are out there. Frank is professional and cares about all of the elements which affected the outcome of my case. My life and my career are back on track and I could not have done this without Frank's ability to react and change the course of difficult decisions. Trust, integrity, honesty, alongside the ability to dig deep, are just some of the characteristics of the person who accepted my case in the middle of the night.If you need a sanctuary when you can only see your life taking a change for the worse, call Frank and explain the elements of your case. I've got his card in my car, my wallet, my desk when I've got the potential for any type of legal action. I know he's someone that I can depend upon.I'm not posting for sake of Frank's business, I'm posting to convey my thanks for a difficult set of circumstances that I'll not face due to his ability to think quickly and make reliable decisions in spite of the issues that resulted from my actions.
Tom Coll
Tom Coll
13:41 25 Nov 15