Possession with intent to distribute is a serious drug-related offense in Massachusetts that goes beyond simple possession. This charge applies when an individual is found with a controlled substance in quantities or circumstances that suggest they intended to sell or distribute it. Prosecutors often use factors like the amount of drugs, packaging materials, large sums of cash, and communication records to prove intent. In federal cases, such as the recent sentencing of Miguel Angel Martinez Lugo, where law enforcement seized 70 kilograms of cocaine, the severity of the crime increases significantly.
The penalties for possession with intent to distribute vary depending on the type and amount of drugs involved. Under Massachusetts law, a first-time offense involving a Class A or B substance—such as heroin or cocaine—can result in up to 10 years in state prison, along with heavy fines. Federal charges, like those Martinez Lugo faced, carry even steeper consequences. He was sentenced to 14 years in prison, five years of supervised release, and faces deportation upon completion of his sentence. Federal drug trafficking laws impose mandatory minimums, meaning those convicted often receive lengthy prison terms with limited chances for early release.
For individuals charged with possession with intent to distribute, the consequences extend far beyond incarceration. A conviction can lead to a permanent criminal record, loss of employment opportunities, and severe immigration consequences for non-citizens. Additionally, law enforcement’s methods of gathering evidence—such as surveillance, vehicle searches, and search warrants—often play a key role in prosecution. However, these same investigative techniques can be challenged in court if law enforcement overstepped their legal authority, making a strong defense crucial.
Anyone facing possession with intent to distribute charges should seek immediate legal representation from an experienced criminal defense attorney. A skilled attorney can examine the case for possible defenses, such as illegal search and seizure, lack of intent, or entrapment. Given the life-altering penalties associated with a conviction, having an attorney who understands Massachusetts drug laws and federal sentencing guidelines is essential in building a strong defense and potentially reducing charges or securing a favorable outcome.
At Dhar Law, LLP, we have defended countless serious drug trafficking cases in federal courts. Contact a member of our legal counsel at (617) 880-6155 to protect your rights and your future.
