Last Thursday night Haverhill police raided Gerald Boucher’s apartment on North Avenue. When the police entered the home Boucher and two other men were engaged in drug deal activities. The police found sixty two grams of cocaine, an ounce and a half or marijuana and a variety of drug paraphernalia. Boucher has been charged with possession with intent to distribute marijuana, trafficking cocaine, conspiracy and a school zone violation. The search was made pursuant to a search warrant that was issued out of the Haverhill District Court. The two other men, James Sarno and Alexander Frye were charged possession with intent to distribute cocaine, possession with intent to distribute marijuana, conspiracy and a school zone violation.
Trafficking cocaine in Massachusetts is a crime under Massachusetts General Laws Chapter 94C Section 32E. The law states that anyone who possesses cocaine with the intent to distribute that substance, or does in fact distribute the cocaine is guilty of trafficking if the quantity exceeds fourteen grams. The penalty for trafficking over twenty eight grams is five years in state prison. This is a mandatory minimum sentence. The school zone violation adds another two years, mandatory to the sentence. So if Boucher is convicted he will have to serve seven years in state prison.
The fact that the drugs were found during a search made pursuant to a warrant always implicates Fourth Amendment issues. Typically motions to suppress the search are filed. If these are successful then the drugs are excluded as evidence and, in most instances the case gets dismissed. These cases also raise many interesting defenses. Absent any admissions by the defendants the question that arises is “whose drugs were these?”. There is often the contention that someone is buying the drugs for personal use and another person is selling the substances. Good Massachusetts Criminal Defense Lawyers many times get great results on cases such as this one.
If you have been charged with a drug crime in Massachusetts call our office at 617-263-6800 or contact us online. We have over twenty years experience handling all drug matters in Massachusetts and throughout the country.
Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.