Massachusetts Criminal Defense Attorney Blog
On November 15, 2008 a Walpole man was arrested and charged with drug and weapons charges after leading police on a high speed chase. He had been released after posting bail in the Stoughton District Court. Then, just last week, the same man was arrested when he was found in possession of heroin. He is now being held without bail at the Norfolk County Jail in Dedham.
As to the first case, it was reported that the defendant led police on a high speed chase on Route 24. When he was apprehended he was found in possession of 31 bags of heroin with a street value of approximately $1,500. Apparently the quantity was not sufficient to charge the man with trafficking heroin. After stopping the vehicle police also located a loaded .32 revolver and 11 grams of marijuana. Police were assisted in stopping Antoine by a truck driver who blocked the vehicle. Antoine and another were ordered out of the car at gunpoint at which point officers observed a bag of marijuana wedged between the driver’s seat and the door.
Details of the new case were not provided. However, one gram of heroin is typically considered an amount for personal use rather than for distribution. Possession of heroin is a crime according to Massachusetts General Laws Chapter 94C Section 34. The maximum punishment for heroin possession for first offenders is higher than the punishment for most other classes of controlled substances. There is a potential 2 year jail sentence. People are rarely sentenced that severely for first offenses however. Many times the cases will be continued without a finding and the defender might be required to get drug counseling.
The November 15th case presents some interesting issues. Another individual drove the car. He too was charged with these crimes. Oftentimes defendants in this situation will defend on the theory that the drugs belonged to the other. Rarely does law enforcement fingerprint the packages that these substances are in. This makes proving guilt more difficult for the prosecution.
The charges of possession with the intent to distribute heroin are very serious. There is a maximum 10 year prison sentence for first time offenders and a minimum mandatory 5 year prison sentence for second and subsequent offenders. If you have been charged with one of these offenses we recommend that you immediately contact an experienced Massachusetts Drug Crimes Defense Lawyer.