Powderly Gets Results
  • Armed Assault to Murder
  • Result: Dismissed
  • Breaking & Entering
  • Result: Not Guilty
  • Unarmed Robbery
  • Result: Dismissed
  • OUI 2nd Offense
  • Result: Not Guilty
Powderly Probes Crime Lab
James Powderly on WPRI Channel 12
James Powderly on Digging Deeper
James Powderly on Channel 12
Home  >  Possession of Cocaine

CAPE COD DRUG DEFENSE


POSSESSION OF COCAINE CHARGES
 

James Powderly is a highly successful Cape Cod Cocaine Defense Lawyer. Attorney Powderly limits his practice to the trial of criminal cases. He has had particular success in representing Cape Cod citizens accused of possession of cocaine as well as citizens accused of large scale trafficking of cocaine. Attorney Powderly is extremely experienced, always well-prepared, and fervently represents his clients’ best interests. If you have been charged with a Cocaine related offense throughout the Cape Cod region, contact Attorney James Powderly immediately for an initial case review.

Recent Cocaine Defense Victories
Cape Cod Possession of Cocaine Penalties
Cape Cod Possession of Cocaine with Intent to Distribute Penalties
Cape Cod Trafficking Cocaine Penalties
Massachusetts Cocaine Statutes: Chapter 94C

Contact Our Cape Cod Cocaine Defense Lawyers at (508) 343-0676 or CLICK HERE

Before even discussing the merits of going to trial or accepting a plea bargain, Attorney Powderly always conducts a complete investigation of the case to decide if there is a motion to suppress that may be brought which might successfully resolve the case. If an officer violates your rights, then any evidence discovered as a result of that violation must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, then the evidence must be suppressed. Often times, after the fruits of an illegal detention, interrogation or search are suppressed, the government is left with very little evidence and the charges are dismissed.

If no motion to suppress can be filed on behalf of the client, Attorney Powderly will carefully assess with the client his chances of acquittal at trial. A thorough investigation of the case will be made, and if the case goes to trial, Attorney Powderly will be prepared to aggressively cross examine the government’s witnesses and present favorable defense evidence.

If no suppression issues can be raised, and the client elects not to try the case, a guilty plea may be entered. Attorney James Powderly will make every effort utilizing his vast experience to insure that the client receives a favorable plea bargain. The best lawyers in trial get the best plea bargains.

Cocaine Possession FAQs

What is the difference between possession and possession with intent?

The difference between possession and possession with intent depends on the circumstances of your arrest and if there is enough evidence and cause to believe that you were going to do more than simply consume the drug (possession) but that you intended to sell it (possession with intent). The amount of cocaine found on you does not determine intent, and you can have as little as a few grams found on you during the time of arrest and could still potentially be found guilty of possession with intent. Factors that may determine intent include the possession of things like baggies and scales that make it appear your intent was to distribute the drug. The penalties differ between the two charges and, regardless of intent, are serious; those charged should employ a skilled criminal defense attorney.

What amount of cocaine is necessary to be charged with trafficking?

To be charged with cocaine trafficking, there has to be at least 14 grams of cocaine on you at the time of arrest. The penalties for cocaine trafficking are separated into three separate charges, based on the amount of cocaine in your possession. More than 14 but less than 28 grams of cocaine results in a mandatory state prison sentence of at least three years but not more than 15 years, and may additionally carry hefty fines. More than 28 but less than 100 grams of cocaine results in a prison sentence of at least 5 years but no more than 15, and more than 100 grams of cocaine results in a state prison sentence of at least 10 years but no more than 20.

If I am charged with cocaine possession, what will happen to my license?

If you are charged with cocaine possession, possession with intent, or trafficking, there will be a mandatory loss of your license for a length of time determined by your charges. A possession charge will result in an automatic loss of your license for one year and possession with intent will result in a mandatory loss of license for three years. Additionally, cocaine is a considered a Class B controlled substance, which means trafficking of cocaine results in a loss of license for five years. If you have been arrested for a cocaine charge, a skilled criminal defense attorney is your only option to get your charges dropped and keep your license.

 

Recent Massachusetts Cocaine Defense Victories

Although results obtained depend on the facts of each case, and each case is different, the following cocaine cases are representative:

Charge: Conspiracy to Violate the Drug Laws
Police Report: The police executed a search warrant at a residence where the defendant was one of three individuals who were present. The police searched the residence and found drug contraband, including a scale, large amounts of cash and packaged cocaine.
RESULT: DISMISSED

Charges:
(1) Possession with Intent to Distribute Cocaine
(2) Conspiracy to Violate the Drug Laws
Police Report: The Police entered into an apartment building and saw a woman attempting to hand the defendant money. The Defendant, upon seeing the police, quickly closed his hand and retreated back into the apartment. The police knocked on the door and were let in by another individual. The defendant is then handcuffed and the lady who was originally seen with the money tells the police she was trying to buy cocaine from the defendant. The police searched the apartment and located 12 substances of rock cocaine, each piece individually wrapped.
RESULT:
(1) DISMISSED
(2) DISMISSED

Charges:
(1) Conspiracy to Violate the Drug Laws
(2) Trafficking 14 grams or more of Cocaine
(3) Drug Violation in a School Zone

Police Report: Police executed a search warrant at a Fall River apartment. Upon entry into the apartment, the defendant (along with other individuals) is found in the residence. The defendant is located in the kitchen next to 61.5 grams of crack cocaine, a black digital scale, a box of sandwich bags, and 2.9 grams of marijuana.
Result:
(1) Plea to 1 count of Simple Possession of Cocaine which is to be dismissed after successfully completing 1 year unsupervised probation (CWOF)
(2) DISMISSED
(3) DISMISSED

Contact Our Cape Cod Cocaine Defense Lawyers at (508) 343-0676 or CLICK HERE

 

Cape Cod Cocaine Penalties and Sentences

 

Cape Cod Possession of Cocaine 1st Offense
*Imprisonment up to 1 year
*Fine up to $1,000
*Loss of Driver’s License

Cape Cod Possession of Cocaine 2nd Offense
*Imprisonment up to 2 years
*Fine up to $2,000
*Loss of Driver’s License

Manufacturing/Distributing/Dispensing/Possessing with Intent to Manufacture/Distribute/Dispense Cocaine; 1st Offense
*State prison up to 10 years or House of Correction up to 2 ½ years
*Fine between $1,000 and $10,000
*Loss of Driver’s License

Manufacturing/Distributing/Dispensing or Possessing with Intent to Manufacture,/Distribute/Dispense Cocaine; 2nd Offense
*State prison 3-10 years
*Fine between $2,500 and $25,000
*Loss of Driver’s License

Trafficking Cocaine; 14 Grams or more but less then 28 Grams
*State Prison 3-15 years
*Fine $2,500-$25,000

Trafficking Cocaine; 28 Grams or more but less then 100 Grams 
*State Prison 5-20 years
*Fine $5,000-$50,000

Trafficking Cocaine; 100 Grams or more but less then 200 Grams 
*State Prison 10-20 years
*Fine $10,000-$100,000

Trafficking Cocaine; 200 Grams or more 
*State Prison 15-20 years
*Fine $50,000-$500,000

Contact Our Cape Cod Cocaine Defense Lawyers at (508) 343-0676 or CLICK HERE

Massachusetts Cocaine General Laws

Chapter 94C: Section 32A. Class B controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc.

(a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class B of section thirty-one shall be punished by imprisonment in the state prison for not more than ten years, or in a jail or house of correction for not more than two and one-half years, or by a fine of not less than one thousand nor more than ten thousand dollars, or both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section thirty-one of this chapter under this or any other prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not less than three nor more than ten 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.

Chapter 94C: Section 34. Unlawful possession of particular controlled substances, including heroin and marihuana

No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter or as hereinafter provided, any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both, and for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years. Any person who violates this section by possession of more than one ounce of marihuana or a controlled substance in Class E of section thirty-one shall be punished by imprisonment in a house of correction for not more than six months or a fine of five hundred dollars, or both. Except for an offense involving a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter, or of a corresponding provision of earlier law relating to the sale or manufacture of a narcotic drug as defined in said earlier law, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both.

Chapter 94C: Section 32E. Trafficking in marihuana, cocaine, heroin, morphine, opium, etc.

(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.

Contact Our Cape Cod Cocaine Defense Lawyers at (508) 343-0676 or CLICK HERE

 

Cape Cod Criminal Defense Lawyer James Powderly defends those charged with cocaine offenses including cocaine possession, cocaine distribution, cocaine trafficking, and possession of cocaine with intent to distribute in Falmouth, Hyannis, Provincetown, Barnstable, Sandwich, Yarmouth, Chatham, Bourne, Mashpee, Hyannis, Yarmouth, Dennis, Brewster, Harwich, Orleans, Eastham, Wellfleet, Truro, Provincetown, Onset, Plymouth, Dartmouth, Fairhaven, Mattapoisett, New Bedford, Wareham, Westport and throughout the Cape Code Region. To speak with an experienced Cape Cod Cocaine Defense Lawyer, call Attorney James Powderly at 508-343-0676.