Drug Crimes in Worcester County
In Worcester County, drug crimes are crimes that involve the manufacture, distribution, and possession of drugs that have a high probability of abuse, including drugs that are prescription only. The manufacture, distribution, or possession of such drugs is not a crime if permitted by the relevant authorities or if there is a valid prescription.
In the absence of specific drug laws, Worcester County adopts the Massachusetts Controlled Substances Act. The Law categorizes controlled substances into five classes and the primary crimes related to drugs or narcotics broadly include
- Unlawful manufacture of a controlled substance
- Unlawful distribution of a controlled substance
- Unlawful dispensing of a controlled substance
- Possession of a controlled substance with intent to manufacture, distribute, or dispense
- Unlawful possession of a controlled substance
- Trafficking a controlled substance, etc.
A conviction for a drug offense under the law can have far-reaching and sometimes permanent consequences for the offender and their families.
For most drug crimes, police officers have the powers to arrest without a warrant, based on reasonable suspicion. Therefore, there is a possibility that a police officer may infringe on the constitutional right of a suspect when exercising an arrest outside legal boundaries. Understanding these technicalities and taking advantage of them, raises the suspect’s prospect of beating a drug charge. However, these technicalities can be complex and broad, which is why it is advisable that a person arrested on drug charges should first contact an experienced attorney.
What are the Penalties for Drug Crimes in Worcester County?
Controlled substances are categorized in Classes A, B, C, D, and E. The penalties for a drug crime are dependent on factors including the type of drugs involved, the Class of drugs, and the accused’s criminal history, among other factors. For example, a previous conviction for a Class A drug such as heroin will result in a potentially higher prison sentence compared to a previous Class B drug conviction.
Notable drugs in each category include,
Class A drugs: Codeine–N–Oxide, Heroin, Benzethidine, Fentanyl;
Class B drugs: Opium and opiate, Opium poppy and poppy straw, Isomethadone, Coca leaves, and any salt;
Class C drugs: Chlordiazepoxide, Clonazepam, Methyprylon;
Class D drugs: Marihuana, Isobutyl Nitrite, Ethchlorvynol;
Class E drugs: More than 200 milligrams of codeine per 100 milliliters or per 100 grams, More than 100 milligrams of opium per 100 milliliters or per 100 grams, etc.
The penalties for drug crimes include fines, imprisonment, or both. Sections 31 to 34 of the Controlled Substances Act, provides penalties associated with some drug crimes like,
| Category | Offense | Penalties |
|---|---|---|
| Class A Drugs | Possession with Intent to Distribute | For first time offenders, Sentencing: Imprisonment in state prison for not more than 10 years, or in a jail or correctional facility for not more than two and one-half years; or Fine: A fine between $1,000 and $10,000; or Both a fine and imprisonment. |
| Possession with intent to distribute to a minor | For first time offenders, Sentencing: Imprisonment in state prison for a term between five and fifteen years; Fine: A fine between $1,000 and $25,000, but not in lieu of the prison sentence. | |
| Class B Drugs | Possession with intent to distribute | For first time offenders, Sentencing: Imprisonment in state prison for not more than 10 years, or in a jail or correctional facility for not more than two and one-half years; or Fine: A fine between $1,000 and $10,000; or Both a fine and imprisonment. |
| Possession with intent to distribute to a minor | For first time offenders, Sentencing: Imprisonment in state prison for a term between three and fifteen years; Fine: A fine between $1,000 and $25,000, but not in lieu of the prison sentence. | |
| Class C Drugs | Possession with intent to distribute | For first time offenders, Sentencing: Imprisonment in state prison for not more than five years or in a jail or correctional facility for not more than two and one-half years; or Fine: A fine between $500 and $5,000; or Both the fine and imprisonment. |
| Possession with intent to distribute to a minor | For first time offenders, Sentencing: Imprisonment in state prison for a term between two and one-half years and fifteen years or between two and two and one-half years in a jail or correctional facility; Fine: A fine between $1,000 and $25,000, but not in lieu of the prison sentence. | |
| Class D Drugs | Possession with intent to distribute | For first time offenders, Sentencing: Imprisonment in a jail or correctional facility for not more than two years; or Fine: A fine between $500 and $5,000; or Both the fine and imprisonment. |
| Class E Drugs | Possession with intent to distribute | For first time offenders, Sentencing: Imprisonment in a jail or correctional facility for not more than nine months; or Fine: A fine between $250 and $2,500; or Both the fine and imprisonment. |
| Any controlled substance, unless if there is a valid prescription | Unlawful possession | For first time offenders, Sentencing: Imprisonment for not more than one year; or Fine: A fine of not more than $1,000; or Both the fine and imprisonment. |
| Heroin | Unlawful possession | For first time offenders, Sentencing: Imprisonment for not more than two years; or Fine: A fine of not more than $2,000; or Both the fine and imprisonment. |
| Trafficking | It Varies, depending on the grams involved | |
| Marijuana | Unlawful possession | For first time offenders Sentencing: Imprisonment for not more than six months; or Fine: A fine of $500; or Both the fine and imprisonment. |
| Trafficking | Varies depending on the pounds involved | |
| Other Class E substances | Unlawful possession | For first time offenders, Sentencing: Imprisonment for not more than six months; or Fine: A fine of $500; or Both the fine and imprisonment. |
| Morphine, opium, fentanyl or its derivatives | Trafficking | Depends on the grams involved |
It is important to know that before an individual can be charged for trafficking heroin, morphine, or opium, the individual must be in possession of a net weight of at least 18 grams of any of the substances, their salts or derivatives, or a mixture containing any of them.
Being in possession of marijuana is not necessarily unlawful. Before a person can face a charge for unlawful possession of marijuana, the suspect must be in possession of at least one ounce of marijuana, except prescribed. Also, for an individual to be charged for trafficking marijuana, the individual must be in possession of a net weight of at least 50 pounds of marijuana, or any mixture with a net weight of 50 pounds containing marijuana.
Before an individual can be charged for trafficking fentanyl, the individual must be in possession of at least 10 grams of fentanyl, its derivatives, or a mixture containing fentanyl or its derivatives.
What Percentage of Crimes are Drug Related in Worcester County?
In 2019, Worcester County recorded a total of 487 drug-related crimes. Out of the 10,888 crimes recorded in Worcester in 2019, drug-related crimes accounted for 4.47%. This was a slight increase from 4.37% of the total reported crime recorded in 2018. Law enforcement implemented over 1,600 drug seizures. 1,104 were from unlawful possession of controlled substances, 379 were from the unlawful distribution of controlled substances, 46 were from unlawful usage of controlled substances, 40 were from crackdowns on unlawful transportation of controlled substances, 32 were from crackdowns on unlawful buying of controlled substances, and 10 were from crackdowns on unlawful manufacturing of controlled substances.
While drug-related crimes in Worcester County involve a wide range of drugs, some drugs appear to be more prominent than others. The most prominent drugs can be ascertained by the number of units seized by law enforcement, including,
- Crack cocaine: Law enforcement conducted 342 seizures of crack cocaine;
- Heroin, 250 seized
- Marijuana, 206 seized
- Cocaine, 183 seized
- Amphetamines/Methamphetamine (“Meth”), 43 seized
- Opium, four seized
- Morphine, three seized
- LSD, two seizures
- Other narcotics: Combined, there were 319 seizures of all other narcotics by law enforcement;
- Other hallucinogens, 12 seized
- Other controlled substances: Law enforcement conducted 177 seizures of other controlled substances.
How Many Prisoners Are in Jail For Drug Related Crimes in Worcester County?
In 2019, there were 577 arrests conducted by law enforcement regarding drug-related crimes. Compared to 639 arrests in 2018. This indicates that drug crimes in Worcester County also declined between 2018 and 2019. Although crack cocaine was the most seized drug in 2019, Worcester County has been battling an opioid crisis for over a decade. Opioids overdose in Worcester County has witnessed a rise since 2005, with brief occasional declines across the years. As of 2018, deaths from opioids overdose in Worcester County had surpassed the Massachusetts average. However, multiple efforts have been put in place to reduce the overdose of opioids and other controlled substances.
Worcester County Drug Crime Lawyer
Drug crimes in Worcester County attract serious punishments, ranging from over 10 years in prison to over $20,000 in fines. In some cases, an individual guilty of a drug crime, particularly second-time or subsequent offenders, can be both sentenced and fined. While Worcester County allows for self-representation in a charge of a drug crime, it is ideal to hire an experienced attorney to fight the charge.
One drug violation can sometimes amount to multiple drug charges with separate and heavy punishments. The technicalities involved in such instances or their implications can be difficult for the defendant to fully assimilate. However, an experienced drug crime attorney can wield those technicalities in the defendant’s favor. The drug crime lawyer also has the expertise to discern mitigating circumstances in the facts of each particular case and may be able to reduce the punishment for a drug violation, or even quash the drug charge.
In addition, before a charge for a drug crime can succeed, the prosecution has to prove its case beyond a reasonable doubt. More precisely than a self-represented individual, an experienced attorney in drug crimes will assess the prosecution’s arguments and poke holes in its reasonability.
Drug law attorneys are more conversant with the justice system and can ethically exploit certain situations for the benefit of their clients. Individuals representing themselves may be ignorant of these situations and such ignorance can become detrimental.
Besides the legal punishments associated with drug crimes, a conviction also goes on a person’s record which can have negative consequences.
How to Beat Drug Crime Charges in Worcester County
Considering the huge impact of a drug crime conviction, the accused and their attorney will most likely explore numerous options, based on the facts of the case to build a robust defense, which may include
Mere Presence: A mere presence defense is best applicable in situations where the accused was not in actual possession of a controlled substance. This is usually the case when law enforcement agents search an area where the accused is present and discover drugs. The defense can successfully defend on the grounds that the prosecution is unable to submit evidence to prove the accused was in actual or constructive possession.
- Motion to Suppress: A motion to suppress is a defense used to exclude evidence in a drug charge on the grounds that evidence was not lawfully obtained or it was illegally obtained.
- Improper Search: In order to find convincing evidence for a drug charge, law enforcement agents must have obtained the evidence properly and in line with applicable protocols failing which the defense can claim there was no reasonable suspicion that led to the accused being searched or the search was in violation of constitutional rights of the accused under the Fourth Amendment of the US Constitution.
For first time offenders, and depending on the circumstances of the case, if the drug attorney considers it the best possible outcome may advise alternative resolutions such as
- Continuance Without a Finding (CWOF): A CWOF is a resulting agreement from admission to specific sufficient facts. A CWOF is not an admission of guilt. This can be ideal in situations where the prosecution’s case has some merit, but it is not convincing beyond a reasonable doubt. The accused is admitting to the fact that although the prosecution’s argument is yet to reach a convincing conclusion, there are some certain and sufficient facts that may lead to a convincing conclusion. A CWOF depends on the drug charge. However, it involves the accused admitting to stated facts after entering a not guilty plea. It is important that the accused and their legal representative critically assess the CWOF because the accused will be bound by the agreement, and a violation of the agreement will lead to a conviction of guilt for the drug charge without any subsequent trial.
- Pre-trial probation. The prosecution may offer to dismiss the charge under stipulated conditions. Such conditions, like attending drug counseling, become binding on the accused and the charge will be dismissed at the fulfillment of the conditions.
