Drug Crimes in Norfolk County
Drug crimes in Norfolk County are the improper handling of controlled substances as defined under the Massachusetts Substance Control Act. The Act criminalizes the unlawful manufacture, distribution, dispensing, and possession of any controlled substance.
Drug manufacture is the crime of unlawfully producing a controlled substance. Drug distribution involves smuggling, transporting, or distributing controlled substances. Drug dispensing involves the sale and other dispensation of controlled substances unlawfully. Dispensing controlled substances unlawfully to minors may aggravate the offender’s punishment. Drug possession is the crime of unlawfully having controlled substances for personal use or any other purpose. There are other offenses in Massachusetts related to drugs such as drugs and firearms, drugs and kidnapping, forced drug use, and operating under the influence offenses.
Controlled substances fall under class different classes, A to class E. drug convictions under Class A controlled substances have the most severe consequences while a conviction under Class E controlled substances would result in lesser punishments. The Commissioner of Public Health may also add more substances previously excluded from the Act in different classes. In doing this, the Commissioner would consider the following.
- The drug’s potential for abuse
- Scientific evidence of the drug’s pharmacological effect
- The drug’s history and the current pattern of abuse of the drug
- The risk the drug poses to public health
- If the drug is an immediate precursor of a controlled substance
- The drug’s psychological or physiological dependence liability
- The range, duration, and magnitude of abuse of the drug
- The state of current scientific knowledge regarding the drug or other substance
The punishments for drug offenses may include fines, imprisonment, probation, community service, drug offender registration, and court-mandated drug rehabilitation programs. However, charges for drug crimes in Norfolk County are based on the facts and circumstances of each case. The prosecution must also prove a number of factors before the accused can be convicted. This is why it is necessary to hire a defense attorney with experience and expertise in handling and defeating drug-related charges.
What are the Penalties for Drug Crimes in Norfolk County?
The penalties for drug crimes in Norfolk County depend on elements such as the class of the substance involved in the crime, the circumstances of the case, like sale, distribution, or possession, and the criminal history of the offender.
Under Section 31 of the Massachusetts Controlled Substances Act, classes of controlled substances include
Class A: Heroin, Acetylmethadol, Codeine methylbromide, Codeine–N–Oxide, Morphine methylbromide, Morphine methylsulfonate, Morphine–N–Oxide, and Ketamine (“Special K”).
Class B: Methamphetamine (“Meth), Opium and opiate, Opium poppy and poppy straw, Coca leaves, Cocaine, Amphetamine, and Phencyclidine.
Class C: Chlordiazepoxide, Chlorhexadol, Glutethimide, Lorazepam, and Nalorphine.
Class D: Barbital, Marihuana, Chloral betaine, Ethinamate, and Phenobarbital.
Class E: Less than 200 milligrams of codeine per 100 milliliters or per 100 grams, less than 100 milligrams of opium per 100 milliliters or per 100 grams, and prescription drugs not contained in class A to class D.
| Penalties | Class A | Class B | Class C | Class D | Class E |
|---|---|---|---|---|---|
| Penalties for unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense | First-time offense Imprisonment in state prison for a term not exceeding ten years, or imprisonment in a house of correction for not more than two and a half years. Alternatively, a fine between $1,000 and $10,000. Both imprisonment and a fine may be imposed. Subsequent offense Imprisonment in state prison for a minimum of three and a half years and a maximum of fifteen years. A fine between $2,500 and $25,000 may also be imposed in addition to the imprisonment term. | First-time offense Imprisonment in state prison for a term not exceeding ten years, or imprisonment in a house of correction for not more than two and a half years. A fine between $1,000 and $10,000. The Court may impose only a fine or imprisonment term or both a fine and imprisonment Subsequent offense Imprisonment in state prison for a term not exceeding ten years, imprisonment in state prison for a term not exceeding ten years and a fine between $2,500 and $25,000, or a fine not exceeding $25,000. | First-time offense Imprisonment in state prison for a maximum of five years, or imprisonment in a house of correction for not more than two and a half years. A fine between $500 and $5,000. The Court may choose to impose both an imprisonment term and a fine or impose either one. Subsequent offense Imprisonment in state prison for a maximum of ten years and a fine between $1,000 and $10,000, imprisonment in a house of correction for a maximum of two and a half years, imprisonment in a house of correction for a term not exceeding two and a half years and a fine between $1,000 and $10,000, or a fine not more than $10,000. | First-time offense Imprisonment in a house of correction for a maximum of two years, a fine between $500 and $5,000, or both imprisonment and a fine. Subsequent offense Imprisonment in a jail or house of correction for a maximum of two and a half years, a fine between $1,000 and $10,000, or both imprisonment and a fine. | First-time offense Imprisonment in a house of correction for not more than nine months, a fine between $250 and $2,500, or both imprisonment and a fine. Subsequent offense Imprisonment in a house of correction for a term not exceeding one and a half years, a fine between $500 and $5,000, or both imprisonment and a fine. |
| Penalties for possession | First-time offense Imprisonment for a maximum of one year, fine not more than $1,000, or both imprisonment and fine. The penalty for a conviction for heroin possession as a first-time offense is a maximum of two years imprisonment in a house of correction, a fine not more than $2,000, or both. Subsequent offense Imprisonment in a house of correction for a maximum of two years, a fine not more than $2,000, or both. The penalty for a conviction for heroin possession as a subsequent offense is imprisonment in state prison between two and a half and five years or by a fine, not more than $5,000 and imprisonment in a house of correction for a maximum of two and a half years. | First-time offense Imprisonment for a term less than one year, fine not more than $1,000, or both imprisonment and fine. Subsequent offense Imprisonment in a house of correction for a term not exceeding two years, a fine not more than $2,000, or both. | First-time offense Imprisonment for a maximum of one year, fine not more than $1,000, or both imprisonment and fine. Subsequent offense Imprisonment in a house of correction for a maximum of two years, a fine not more than $2,000, or both. | First-time offense Imprisonment for a maximum of one year, fine not more than $1,000, or both imprisonment and fine. Subsequent offense Imprisonment in a house of correction for a term not more than two years, a fine not more than $2,000, or both. | Imprisonment in a house of correction for a term, not more than six months, a fine not more than $500, or both. |
A defendant imprisoned in a house of correction for a Class A controlled substance violation may be eligible for parole after serving half of the maximum sentence if they are serving the mandatory minimum sentence. However, the following aggravating circumstances may prevent parole
- If the defendant used violence or threat of violence or possessed a firearm during the commission of the crime.
- If the defendant directed the activities of a person who committed a felony under the Massachusetts Substance Control Act.
- If the offense involved selling a Class A, Class B, or Class C controlled substance to a minor or inducing or abetting a minor to sell or distribute controlled substances.
What Percentage of Crimes are Drug-Related in Norfolk County?
According to the Massachusetts Executive Office of Public Safety and Security (EOPSS), Norfolk County recorded 712 drug crimes in 2019. It made up 5% of the total crimes. There was an increase in drug crimes in the County by 3% compared to 2018. Marijuana was the most seized drug in Norfolk County in 2019. A breakdown of the drugs seized included
- 153 for marijuana
- 63 for crack cocaine
- 136 for all other forms of cocaine
- 88 for heroine
- 9 for opium
- 4 for barbiturates
- 56 for amphetamines/methamphetamines
- One for LSD
How Many Prisoners Are in Jail For Drug-Related Crimes in Norfolk County?
There were 6,252 arrestees for drug-related crimes in Norfolk County in 2019. Compared to the number of arrestees in 2018, there was a 5% decrease. In 2019, Norfolk County had more drug crime cases than most counties in Massachusetts and also experienced its first annual increase in the number of drug crimes since 2015. Between 2015 and 2018, the number of drug crimes in Norfolk reduced annually. Heroin and cocaine are the most linked to violent crimes and pose the greatest threat to the Norfolk Communities.
Norfolk County Drug Crime Lawyer
Having a professional and skilled drug crime lawyer in Norfolk County is an asset when facing a drug-related charge. While self-representation is always an option for the accused, they may lack the skill and knowledge to properly defend the case. A drug crime attorney is an expert at exploring and carefully isolating the nuances of the drug charge to build a strong defense. The lawyer will help the accused understand the implications of the charge, the possible consequences and guide them through the complicated legal process. The potential penalties for a conviction on a drug charge can be life-altering, the offender may be sentenced to years of imprisonment or ordered to pay thousands of dollars in fines. Drug crime lawyers take their responsibility to defend the accused very seriously to ensure the offender gets the best possible outcome from their case, including a case dismissal, an acquittal, or negotiating a plea bargain with the prosecution for reduced penalties where necessary.
How to Beat Drug Crime Charges in Norfolk County
Depending on the facts of the case, a drug-crime attorney may rely on any applicable defenses after discussing with the accused. The most common defenses include
- Mere presence defense: The accused may rely on the mere presence defense if the drugs were not found on the accused. The prosecution cannot sustain a conviction solely on the ground that the accused was at the location where the drugs were found. The prosecution would need to prove that the defendant had possession of the drugs or possession with the intent to distribute the drugs. The possession may be either actual or constructive possession. Constructive possession can be shown if the drugs were found on the accused's property, the prosecution needs to establish that the defendant exercised dominion and control over the drugs.
- Motions: The drug crime attorney may raise a defense through motions. Motions can be raised to suppress illegally obtained evidence. One example of this is evidence obtained in violation of the accused’s fourth amendment rights. The fourth amendment to the United States of America’s Constitution prevents unlawful searches and seizures. This right was upheld by the Supreme Judicial Court in Washington v. White. If the drugs are found during an unlawful search and seizure, the lawyer may challenge the admissibility of the evidence.
- Challenging a search warrant: The defendant may challenge a search warrant as defective or contest the officer’s reason for seizing the drugs, claiming the search was improper and there was no probable cause or reasonable suspicion to conduct a search or obtain a search warrant.
- Prescription: If the drugs have been approved for medical use, the defendant may present a prescription proving they had a right to possess the drugs.
- Lack of knowledge: The defendant can rely on lack of knowledge as a defense. If the defendant lacked knowledge of the presence of the drug, the defendant may be able to avoid a conviction for unlawful possession.
- Sixth amendment defense: In the sixth amendment case of Melendez–Diaz v. Massachusetts, the US Supreme Court stated that the Commonwealth of Massachusetts could not rely only on an affidavit stating that a substance is an illegal narcotic. The Court stated that the Commonwealth would have to invite the chemist to testify regarding the laboratory analysis. The defense may insist that the prosecution either call the chemist as a witness for cross-examination or ask the court to exclude the drug test from the prosecution’s evidence.
If the defendant has no prior drug crime conviction, the defense attorney may be able to secure an agreement with the prosecution to avoid a conviction, including
- A continuance without a finding (CWOF): A CWOF is an admission by the defendant that they committed a drug offense. The offender’s admission will not result in a criminal conviction but may count in future drug crime prosecutions. Depending on the peculiarities of the case, the drug crime lawyer will advise the defendant appropriately.
- Pretrial probation: The prosecution may agree to dismiss certain drug-related cases with on stipulated conditions such as attending counseling. It does not involve an admission of guilt. However, the conditions will be binding on the defendant after the case is dismissed.
