Steven J. Topazio - Attorney At Law

Drug Possession / Sale / Distribution / Trafficking

Search and Seizure in Drug Charges Defense

In most drug charges cases, your defense will depend in part on challenging law enforcement's search and seizure of drugs or paraphernalia. Drug convictions usually depend on the prosecutor's ability to use physical evidence to demonstrate criminal activity. Boston Criminal Defense Attorney Steven J. Topazio will investigate the search of your person, car or home and challenge any evidence illegally obtained against you. Attorney Topazio has proven success handling search warrant issues and complex wiretap evidence, and knows how to argue successfully for the suppression of illegally obtained evidence.

Why Hire a Criminal Defense Attorney?

An experienced criminal defense attorney understands the law governing search and seizure. A police officer is only allowed to search your person or your private property if the officer has probable cause -a reasonable belief that a crime has been committed or is about to be committed. Without probable cause or consent from the person to be searched, generally searches and seizures are illegal.

Boston criminal defense attorney Steven J. Topazio challenges evidence in drug cases. Experienced criminal defense lawyers know that attacking the evidence through a Motion to Suppress when drugs are illegally seized may be the best way to fight the case. Attorney Topazio has successfully challenged the tactics employed by the police when the evidence seized violated the rights of the accused.

Protect Your Right to Drive

A conviction of any drug crime, including simple possession of marijuana, results in a loss of a Massachusetts Drivers License. The length of loss of license depends on the class of drug involved and the seriousness of the crime. A qualified attorney will know what can be done to avoid a license loss.

Passionate About Defending Your Rights

If you need the assistance of a criminal defense attorney experienced in defending his clients' Fourth Amendment rights, contact Attorney Steven J. Topazio for a free consultation and case evaluation.

The Fourth Amendment protects individuals from unreasonable searches and seizures by the government. In drug cases, the legality of the way the drugs were seized is frequently challenged. If the government violated the Constitution, the drugs cannot be used as evidence. Without evidence to prove the charges, the government may have to dismiss the case.

The quantity of drugs also plays a significant role in determining if one is simply in possession for personal use, or possessing with intent to distribute, or traffick. Other items found with the drugs such as drug paraphernalia, needles, pipes, bongs, plastic bags, rolling paper, large quantities of money, cell phones, beepers, lists of names with a dollar figure next to the name, etc. are all used by the police to convince the courts that one is selling drugs.

If you have been charged with a drug crime, Boston criminal defense attorney Steven J. Topazio can advise you whether the evidence leading to the charges may have resulted from an illegal search and seizure. Call today to discuss your options for defense.

The Penalties for Illegal Search and Seizure

To ensure that police officers respect individuals' constitutional rights, the U.S. Supreme Court provides strict penalties. If the police perform an illegal search, the evidence they obtain as a result of this search will not be allowed by the prosecutor. This means that if the police search you without probable cause, even if they find drugs, they will not be allowed to present this evidence to a jury. Illegal search and seizure is one of the strongest defenses available for any criminal matter. Boston criminal defense attorney Steven J. Topazio can help you understand your rights and remedies following an illegal search and seizure.

Drug Classifications

In Massachusetts there are 5 classifications of drugs that an individual can be accused of according to G.L. c. 94C § 31. An example of where a drug might be classified is as follows:

• Class A - Heroin
• Class B - Cocaine
• Class C - Certain narcotic prescription medications link Clonazepam, Diazepam, amphetamines, etc.
• Class D - Marijuana
• Class E - Steroids

Consequences of Conviction

A conviction of serious drug crimes involving sale or distribution can result in mandatory penalties. The following are a list of some of the penalties one can face in Massachusetts:

• 14 to 27 grams of Cocaine = 3 years mandatory jail
• 28 to 99 grams of Cocaine = 5 years mandatory jail
• 100 to 199 grams of Cocaine = 10 years mandatory jail
• 200 grams or more of Cocaine = 15 years mandatory jail
• 50lbs to 99lbs of Marijuana = 1 year mandatory jail
• 100lbs to 1999lbs of Marijuana = 3 years mandatory jail
• 2000lbs to 9999lbs of Marijuana = 5 years mandatory jail
• 10000lbs or more of Marijuana = 10 years mandatory jail

Distribution of any drug within 1000 feet of a school zone is mandatory two (2) years in jail on and after the underlying offense.

Distribution of any drug within 100 feet of a public park or playground is a mandatory two (2) years in jail on and after the underlying offense. A qualified attorney will know the necessary requirements for what constitutes a school and how the distance is measured.

Trafficking in Marihuana, Cocaine, Heroin, Morphine, Opium, Etc. (G.L. c. 94C § 32E)

Section 32E. (a) Any person who trafficks in marihuana / marijuana by knowingly or intentionally manufacturing, distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute, dispense, or cultivate, or by bringing into the commonwealth a net weight of fifty pounds or more of marihuana / marijuana or a net weight of fifty pounds or more of any mixture containing marihuana / marijuana shall, if the net weight of marihuana or any mixture thereof is:

(1) Fifty pounds or more, but less than one hundred pounds, be punished by a term of imprisonment in the state prison for not less than two and one-half nor more than fifteen years or by imprisonment in a jail or house of correction for not less than one nor more than two and one-half years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of one year and a fine of not less than five hundred nor more than ten thousand dollars may be imposed but not in lieu of the mandatory minimum one year term of imprisonment, as established herein.

(2) One hundred pounds or more, but less than two thousand pounds, be punished by a term of imprisonment in the state prison for not less than three nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of three years and a fine of not less than two thousand and five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) Two thousand pounds or more, but less than ten thousand pounds, be punished by a term of imprisonment in the state prison for not less than five nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(4) Ten thousand pounds or more, be punished by a term of imprisonment in the state prison for not less than ten nor more than fifteen years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of ten years and a fine of not less than twenty thousand nor more than two hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a) or in clause (3) of paragraph (c) of Class B of section thirty-one by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of fourteen grams or more of a controlled substance as so defined, or a net weight of fourteen grams or more of any mixture containing a controlled substance as so defined shall, if the net weight of a controlled substance as so defined, or any mixture thereof is:

(1) Fourteen grams or more but less than twenty-eight grams, be punished by a term of imprisonment in the state prison for not less than three nor more than fifteen years. No sentence imposed under the provisions of this clause shall be for less than a minimum term of imprisonment of three years, and a fine of not less than two thousand five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(2) Twenty-eight grams or more, but less than one hundred grams, be punished by a term of imprisonment in the state prison for not less than five nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of five years, and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) One hundred grams or more, but less than two hundred grams, be punished by a term of imprisonment in the state prison for not less than ten nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of ten years and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than fifteen nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of fifteen years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(c) Any person who trafficks in heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute, or dispense or by bringing into the commonwealth a net weight of fourteen grams or more of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or a net weight of fourteen grams or more of any mixture containing heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof shall, if the net weight of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or any mixture thereof is:—

(1) Fourteen grams or more but less than twenty-eight grams, be punished by a term of imprisonment in the state prison for not less than five nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(2) Twenty-eight grams or more but less than one hundred grams, be punished by a term of imprisonment in the state prison for not less than seven nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of seven years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) One hundred grams or more but less than two hundred grams, be punished by a term of imprisonment in the state prison for not less than ten nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of ten years, and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than fifteen nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of fifteen years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.

Safeguard Your Rights — Contact Attorney Topazio

For additional information about Attorney Topazio's ability to protect your rights and liberties in drug crimes cases, contact his Boston office at 617-422-5803 or email him for a free consultation.