What to Do If You Are Charged with a Drug Crime in Massachusetts
A Guide by Benzaken, Sheehan & Wood, LLP — Brockton Criminal Defense Lawyers
Being arrested or investigated for a drug offense in Massachusetts can be overwhelming. Even a minor possession charge can lead to probation, license suspension, and a criminal record that follows you for life. More serious allegations — like distribution, trafficking, or conspiracy — carry mandatory minimum prison sentences.
At Benzaken, Sheehan & Wood, LLP, our Brockton-based criminal defense lawyers have handled hundreds of drug prosecutions in district and superior courts across the Commonwealth. This Q&A explains what to do if you’re facing drug charges, what rights you have, and how a skilled defense attorney can protect your freedom and your future.
Q1: What should I do immediately after being arrested for a drug charge?
Stay calm and say nothing.
Do not try to explain yourself or talk your way out of the situation. Police officers are trained to gather evidence — not to clear misunderstandings. The safest answer is:
“I want to speak to a lawyer before answering any questions.”
Do not consent to searches.
You have the right to refuse consent to a search of your car, home, or phone. If police have a warrant, do not interfere, but do not help them either. Simply state that you do not consent and contact your attorney.
Call an experienced Massachusetts drug defense lawyer right away.
Early intervention can mean the difference between a case that’s quietly dismissed and one that turns into a felony indictment.
Q2: What kinds of drug crimes are most commonly charged in Massachusetts?
Massachusetts law covers a wide spectrum of controlled-substance offenses, including:
Possession (G.L. c. 94C, §34) – having knowledge and intention to exercise dominion and control over a controlled substance without authorization.
Possession with intent to distribute (G.L. c. 94C, §32A-§32F) – Possessing with a specific intent to distribute a controlled substance, usually inferred from circumstantial evidence, like packaging, scales, or cash.
Distribution or sale of drugs – delivering or transferring a controlled substance from one person to another.
Trafficking (G.L. c. 94C, §32E) – possessing or distributing specified quantities; penalties escalate with weight.
Conspiracy to violate drug laws – agreeing with another person to commit a drug offense.
School-zone violations (G.L. c. 94C, §32J) – adding enhanced penalties for distribution within 100 feet of a school.
Prescription fraud or unlawful possession of prescription medication.
Each charge requires proof of knowing possession, control, and (for distribution-level crimes) intent to deliver or sell.
Q3: What are the penalties for drug offenses in Massachusetts?
Penalties depend on the substance and the quantity involved. Examples:
Class A (Heroin, Fentanyl): Possession — up to 2 years in jail; Distribution — up to 10 years; Trafficking (18+ grams) — mandatory minimum 3½ years, 5, 7 or 12 years depending on weight.
Class B (Cocaine, Oxycodone, Methamphetamine): Possession — up to 1 year; Trafficking (36+ grams) — mandatory minimum 3 years.
Class C (Xanax, Valium, LSD): Possession — up to 1 year; Distribution — up to 5 years.
Marijuana (Class D): Personal possession has been fully decriminalized at the state level, but illegal distribution or trafficking remains a crime; there remain stiff federal penalties for Marijuana trafficking.
Class E (Prescription drugs, small quantities): Usually misdemeanors but can still trigger license suspension and CORI exposure.
Felony trafficking charges can lead to mandatory minimum state-prison terms and asset forfeiture, where the Commonwealth seizes cash, vehicles, or property allegedly connected to drug activity.
Q4: What should I do if police search my home or car?
If officers show up with a warrant, do not resist. Politely step aside and contact your attorney immediately. Note the following details:
The exact time and location of the search.
Whether the warrant specifies your address or car.
The items seized (photograph the warrant if possible).
If officers conduct a search without a warrant, never give verbal or written consent. Your lawyer may later file a Motion to Suppress under Article 14 of the Massachusetts Declaration of Rights, arguing that the evidence should be excluded because the search was unlawful.
Q5: What are my rights during a Massachusetts drug investigation?
You have the right to:
Remain silent.
Refuse consent to searches.
Speak privately with an attorney before answering questions.
Be free from unreasonable searches and seizures.
Receive a Miranda warning before custodial interrogation.
If these rights are violated, your attorney can move to suppress evidence or statements, often resulting in dismissal of the case.
Q6: How does the Commonwealth prove possession or intent to distribute?
To convict, prosecutors must prove that you:
Knowingly possessed a controlled substance, and
Had the intent to distribute (if charged under §32A or higher).
Intent can be inferred from circumstantial evidence such as:
Large quantities or individually packaged bags.
Scales, ledgers, or baggies.
Significant cash in small bills.
Text messages suggesting sales.
A skilled defense lawyer will challenge these inferences as unwarranted assumptions. For example, multiple bags could indicate personal use, not intent to distribute.
Q7: What is “constructive possession” and why does it matter?
Constructive possession means you didn’t have drugs on your person, but prosecutors claim you had control and knowledge of them — for example, drugs found in a shared car or apartment.
Defense strategies include showing:
The area was accessible to others.
No fingerprints or DNA link you to the drugs.
No statements or conduct suggest ownership.
Massachusetts appellate courts have repeatedly overturned convictions based on weak constructive-possession evidence.
Q8: What if I’m accused of trafficking?
Drug trafficking is among the most serious offenses in Massachusetts. The penalties depend on the weight of the substance — not necessarily intent to sell.
Even if you never sold drugs, being found with a threshold quantity can trigger mandatory minimum prison terms. Your attorney can fight trafficking charges by:
Challenging the accuracy of drug-weight testing.
Disputing how the total weight was calculated (including packaging).
Attacking the legality of the search or seizure.
Showing that you had no knowledge of the drugs’ presence.
If the drugs were found in a vehicle or package that wasn’t exclusively yours, the Commonwealth’s burden becomes much harder to meet.
Q9: Can drug charges be dismissed or reduced?
Yes — many Massachusetts drug cases can be resolved favorably through:
Motions to Suppress Evidence: If police violated search-and-seizure laws, the evidence is excluded and the case often collapses.
Diversion Programs: First-time offenders may qualify for pretrial diversion or drug-court programs that result in dismissal upon completion.
Section 34 Probation: In minor possession cases, successful completion of probation leads to dismissal and no criminal record.
Plea Negotiations: Prosecutors may reduce charges in exchange for treatment, community service, or restitution.
Trial Acquittal: If the evidence is weak, a jury or judge may find you not guilty.
Q10: What about marijuana and prescription drugs?
Although recreational marijuana is legal in Massachusetts, unlicensed distribution or possession with intent to distribute is still a crime. Selling without a Cannabis Control Commission license can lead to up to 2 years in jail.
Prescription drugs (Oxycodone, Adderall, Xanax, etc.) are strictly regulated. Possession without a valid prescription, or sharing medication with others, can result in felony charges.
Always consult an attorney before speaking with police about prescription-related allegations — these cases often involve medical records and HIPAA issues that require sensitive handling.
Q11: Will a drug conviction affect my driver’s license or immigration status?
Yes. Even minor drug convictions can have serious collateral consequences:
Driver’s license suspension: Up to 5 years for certain convictions (though Massachusetts repealed automatic suspensions for simple possession in 2016).
Employment background checks: Drug offenses appear on CORI records and can affect licensing or security clearances.
Immigration: Any controlled-substance conviction, other than a single marijuana possession under 30 grams, can trigger deportation or denial of naturalization.
These long-term effects are often worse than the immediate punishment — which is why early, aggressive defense is essential.
Q12: How can an experienced Massachusetts drug defense attorney help?
An effective defense begins long before trial. At Benzaken, Sheehan & Wood, LLP, we:
Scrutinize police reports, affidavits, and lab certifications for inconsistencies.
File targeted motions to suppress stops, searches, and statements.
Investigate whether informants or controlled buys were properly supervised.
Demand independent drug-lab testing and chain-of-custody review.
Develop mitigation packages showing treatment, employment, or rehabilitation.
We understand how the Commonwealth builds its drug cases — and how to dismantle them.
Q13: What mistakes should I avoid after being charged?
Talking to police or detectives without a lawyer.
Posting about your case on social media.
Allowing friends to handle your defense or evidence.
Failing to appear in court or missing drug testing.
Hiring an attorney unfamiliar with Massachusetts drug laws or suppression practice.
Your defense begins the moment you remain silent. Everything you say or do after arrest can make your situation better — or worse.
Q14: Can the police use my text messages or phone data?
Yes, but only if they follow constitutional rules. Investigators must generally obtain a search warrant supported by probable cause to examine your phone. Evidence obtained through unlawful searches can be suppressed.
If you suspect police searched your phone or seized digital data without a warrant, tell your lawyer immediately. Suppressing that evidence can destroy the prosecution’s case.
Q15: What happens if I’m charged in federal court?
Federal prosecutors (U.S. Attorney’s Office) handle large-scale trafficking, conspiracy, or interstate-distribution cases. Federal penalties are far harsher and often involve the DEA or Homeland Security.
Our attorneys have experience defending clients in both Massachusetts state and federal courts, working to negotiate reductions, challenge wiretaps, and minimize sentencing exposure under the Federal Sentencing Guidelines.
Q16: What should I do right now if I’m facing a drug charge?
Do not talk to police. Politely assert your right to counsel.
Call an experienced Massachusetts drug-defense lawyer immediately.
Gather documentation — bail slips, police reports, search warrants.
Avoid social-media posts or discussions about your case.
Follow all court orders and testing requirements to maintain credibility.
Early legal guidance often prevents charges from escalating.
Closing
A drug arrest does not have to define your life. Whether you’re accused of simple possession or serious trafficking, the Commonwealth must prove its case beyond a reasonable doubt — and there are many ways to challenge that proof.
At Benzaken, Sheehan & Wood, LLP, our defense lawyers understand every phase of Massachusetts drug litigation, from suppression hearings to jury trial. We have successfully defended clients in Brockton, Plymouth, New Bedford, Fall River, and Boston, achieving dismissals, reduced charges, and acquittals.
If you’ve been charged with a drug crime in Massachusetts, call our office today. We’ll fight to protect your rights, your record, and your future.