Arrested in Massachusetts for Possession w/Intent to Distribute in a School Zone?
Possession of Drugs with Intent to Distribute within a school zone is a very serious charge in Massachusetts, with a mandatory minimum of 2 years in prison if convicted. School zone violations can be a particularly tricky area of Massachusetts drug laws. You must have an experienced criminal defense lawyer to help you as soon as possible to protect your rights and preserve all of your defense strategies.
A School zone violation can only be charged along with a possession with intent to distribute charge, so if we can get that charge reduced, the school zone violation goes away.
You can be charged with a school zone violation if you are within 300 feet of a school of any kind, or 100 feet of a park or playground, except during the hours of midnight to 5 am. You could be in your apartment, and still charged with a school zone violation if your building is within 300 feet of any school property or charter school. In many urban areas, it is common to be within a school zone.
Penalties for drug possession with intent to distribute can be found on my drug distribution charge info page.
School Zone / Intent to Distribute Defense Strategies
With a a school zone possession or intent to distribute arrest, I’ll first try any way possible to get the charges dropped down to a straight possession. That way, we can get the mandatory jail time off the table.
There are a number of constitutional defenses to an intent to distribute within a school zone charge. I usually start with a motion to suppress the evidence. The police need to have the right probable cause to search you, and cannot violate your constitutional and legal rights under the 4th Amendment of the US Constitution. Also, a motion to suppress may cover any statements you may have made before the police may have read you your Miranda rights.
The next steps depend on the specifics of your case. I’d be happy to speak or meet with you and go over the police report. I’ll give you an honest assessment of your case, with full confidentiality, and no further obligation. Give me a call.
Update: Massachusetts School Zone Drug Laws reform.
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If you are charged with intent to distribute drugs, drug dealing, MA school zone violations, drug trafficking, or another criminal offense, call me today to discuss your case.