Legal Question in Criminal Law in Massachusetts

Hey there, I was arrested on June 29th of this year for trafficking heroin (66 grams) and cocaine (30 grams), along with possession and intent to distribute cocaine in Massachusetts (my first drug offense). I wasn't charged with possession or distribution of heroin, just trafficking. I bailed out for $1000, after refusing to wear a wire, and went to my arraignment with a hired lawyer (whom, after the court date and paying him i researched and found out he had no experience in trafficking). At the arraignment he told me it looked like i was going to prison, so i made the personal decision to not go to court and to turn myself in after spending the holidays with family and friends. I'm not going to fight the case (even though there are a lot of grey areas) because i'm hoping to avoid the mandatory minimum by pleading out and keeping it in state court. Which leads to my questions: Now that i have a failure to appear are my charges going to be maxed out? What chances do i now have of keeping this out of federal court? And if i proceed this case with a public defender am i going to get screwed? I appreciate the time you took to review my questions and hope for the most brutally honest answers you can give me. Thanks again


Asked on 9/25/12, 2:28 pm

2 Answers from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Why (if you know) do you potentially risk transfer to federal court? trafficking cases are handled in state court unless there is some jurisdictional reason for federal court. I don't see how pleading guilty to trafficking can help you avoid the mandatory minimum sentences imposed by statute. Not enough facts here to tell, but you might strongly consider fighting the case on legal grounds and trying to get evidence suppressed or otherwise get the case dismissed. This is no small decision given the stakes at issue here.

Read more
Answered on 9/25/12, 3:21 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

I do not have to tell you the problems you have created. If and when you go back, you may be held with higher bail or without bail. Given the nature of the drug lab scandal, this is a good time to turn yourself in.

If you wish assistance, contact me.

Read more
Answered on 9/27/12, 12:24 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts