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Trafficking a Controlled Substance

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, Trafficking a Controlled Substance

Trafficking a Controlled Substance

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:

  1. 18 to 36 grams a 3.5 year mandatory minimum sentence
  2. 36 to 100 grams triggers a 5 year mandatory minimum sentence
  3. 100 to 200 grams triggers a 8 year mandatory minimum sentence
  4. 200 grams or more triggers a 12 year mandatory minimum sentence
  5. The maximum potential sentence for all of the above amounts is 20 years.

Trafficking in Cocaine a class B drug triggers:

  1. 18 to 36 grams 2 year mandatory minimum sentence
  2. 36 to 100 grams 3 year mandatory minimum sentence
  3. 100 to 200 grams 8 year mandatory minimum sentence
  4. 200 grams or more a 12 year mandatory minimum sentence
  5. 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:

  1. 50 to 100 pounds a 1year mandatory minimum sentence
  2. 100 to 2,000 pounds a 2 year mandatory minimum sentence
  3. 2,000 to 10,000 pounds a 3.5 year mandatory minimum sentence
  4. 10,000 + a 8 year mandatory minimum sentence
  5. 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.

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I was completely satisfied with how Frank handeld the case for my spouse. His fee was well within our budget and the case was dismissed. I recommend calling him for any court or criminal matters.
, Trafficking a Controlled Substance
Joli Sparkman
19:16 12 Sep 19
Thank you Frank Fernandez for your help with my case. You were very patient and knowledgable. Will certainly be recommending him to anyone in need.
, Trafficking a Controlled Substance
Katherine Stevens
12:25 25 Jun 19
Thank you Frank Fernandez for your help with my case. You were very patient and knowledgable. Will certainly be recommending him to anyone in need.
, Trafficking a Controlled Substance
Katherine Stevens
12:25 25 Jun 19
Probably one of the best lawyers in the area. He’s considering all the nuances of a case and It’s clearly seen he’s fighting for the best possible result. Some people thing a success is a matter of luck, but i know it’s a result of patience and hard work that Mr Fernandez does provide by his job.
, Trafficking a Controlled Substance
Russell Glaz
16:27 15 Feb 19
Probably one of the best lawyers in the area. He’s considering all the nuances of a case and It’s clearly seen he’s fighting for the best possible result. Some people thing a success is a matter of luck, but i know it’s a result of patience and hard work that Mr Fernandez does provide by his job.
, Trafficking a Controlled Substance
Russell Glaz
16:27 15 Feb 19
If you find yourself needing a lawyer, Frank is your guy. Right from the very first phone call (which he answered, not a call center) he made me feel comfortable and gave me great advice. He was very professional, did a great job explaining everything to me, and really listened to what I had to say (which helped me calm down in a stressful situation). Very happy I chose to work with Frank, he made a tough situation the easiest it could be. Also - added bonus for some - he's fluent in Spanish! Thanks again Frank.
, Trafficking a Controlled Substance
Meg Gaff
19:46 17 Dec 18
I would 100% recommend The Fernandez Firm to anyone looking for a Boston lawyer. Frank is kind and patient, really making things go smoothly when you need them to most. Thanks to The Fernandez Firm for all your help, i highly recommend your services.
, Trafficking a Controlled Substance
Evan Matthews
16:55 13 Jul 18
I needed a criminal lawyer here in Boston, and needed one quickly. After doing something stupid that would have costed me my scholarship, I called The Fernandez Firm and got legal advice from Mr. Fernandez. I was so worried at first but after talking to Mr. Fernandez I felt so much better and knew it could be dealt with properly. Thanks for taking the time to figure out my case exactly.
, Trafficking a Controlled Substance
Alex Dueckson
21:41 10 Jul 18
I needed discretion and someone professional to take care of things quickly and quietly. Attorney Frank Fernandez did exactly that. Thanks for taking my case and helping me get my life back.
, Trafficking a Controlled Substance
Evelyne Ivy
01:31 03 Jun 18
What a relief. That's all I have to say! Almost speechless with how happy I am that Frank Fernandez is the boston lawyer that I ended up calling. I was in a jam, googled for a lawyer and up came Frank Fernandez. Right away I knew I had made the right decision. He is such a friendly and personable guy, he really put me at ease with everything that was going on. I will certainly be returning to Frank for any legal needs I have. And even more so recommend him to anyone in Boston who needs a lawyer. Thanks again Frank Fernandez, I owe you big time.
, Trafficking a Controlled Substance
Tricia Kendall
21:56 02 Jun 18
Oh my God, how and where do I start from?Infact Attorney Frank Fernandez is just an amazing human being, strictly professional with a lot of sympathy for me as his Client.He gave me his cell phone number before even accepting to take the case. He spoke to me in a very pleasant manner and took care of my case within hours. His Fees was the lowest that I was quoted and after resolving my case he returned my unused balance of funds back to me.I sincerely thank and appreciate God for leading me to such a wonderful kind hearted Attorney like Barrister Fernandez.Thanks so much Sir, I really really really appreciate all your help, God bless you sir.My prayers for you is that God will send you plenty of cases and good & adequate help to keep you flying high in your profession.Remain blessed Sir, I appreciate you.
, Trafficking a Controlled Substance
martin o
17:57 21 May 18
, Trafficking a Controlled Substance

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