Drug Charges

Boston Drug Charges Lawyer

Straight possession of a small amount of a controlled substance can oftentimes be resolved without a trial or a conviction in Massachusetts. However, possession of larger amounts of heroin, cocaine, methamphetamines, and the perpetration of prescription drug fraud are prosecuted more aggressively and can result in prison time, a court record, and the loss of your driver's license. A conviction for selling drugs can result in prison time with mandatory minimum sentences, meaning that a judge has no discretion to impose a lighter sentence or provide probation. Penalties are heightened if you are charged with distribution or possession with the intent to distribute within a school zone.

Distribution of larger quantities of narcotics can lead to an indictment for trafficking. For example, if you have 14 grams of cocaine in your possession, you will be charged with drug trafficking and face a mandatory minimum sentence of three years, even if you only distributed half a gram or less of the amount you possessed. If you have 28 grams of cocaine in your possession, you face a mandatory minimum sentence of five years. The greater the quantity, the longer the sentence. Prosecutors may also have the option of charging drug offenses in federal court, which could mean longer sentences if you are convicted.

If you are convicted or if you plead guilty to possession with intent to distribute or actual distribution within 1,000 feet of a school or park, a mandatory minimum sentence of two years will be added to the sentence. You do not have to be caught dealing to school children to receive the additional two years. If you are charged with intent to distribute within 1,000 feet of a school or park, you need an attorney who is persuasive enough to convince the prosecutor to drop that portion of the case, or who can persuade a judge or jury that the charge simply does not apply.

In drug cases, an attorney should investigate both pretrial defenses and trial defenses. Pretrial defenses include motions to dismiss and/or motions to suppress evidence.  If the police seized evidence -- e.g., drugs, money, records, computers, etc. -- without a search warrant, then the prosecutor has the burden of proving that the warrantless search was valid.  Even if the police obtained a search warrant, there may be deficiencies in the affidavit they filed in order to obtain it.  There also may be missteps in the manner in which the police executed the warrant.  

Attorney Yannetti has successfully defended against narcotics charges at every possible stage of a case.  He has successfully persuaded law enforcement authorities not to bring narcotics charges in the first place.  He has successfully filed and argued motions to suppress and dismiss.   He has repeatedly won narcotics cases at trial.  Attorney Yannetti has also obtained new trials for clients who had been previously represented by another attorney and convicted.  If you have been charged with possession or distribution of narcotics -- or if you feel you may be investigated for these offenses -- you need to retain an experienced and well-qualified attorney at the earliest possible juncture.  Contact Attorney David R. Yannetti to discuss your options.

Free Phone Consultation: Contact Boston drug charges lawyer David Yannetti.

Recent Drug Cases:

November 23, 2009
Cambridge District Court
Docket No. 0952-CR-0908
Client, an 18 year-old high school senior, was observed by the police engaging in a hand-to-hand drug transaction.  Before the police descended upon Client's car, they heard the alleged buyer say to Client, "I'll be calling you for more of this stuff."  The police then separated Client from the alleged buyer and found some marijuana on the floor of Client's car.  When the police found two buds of marijuana in the pocket of the alleged buyer, he told the police that he had just purchased them from Client for $40.  The police then found two $20 bills in Client's pocket and the box for a digital scale in the car.  As a result, Client was charged with distribution of a class D controlled substance.  If convicted, Client faced the prospect of a potential house-of-correction sentence, a permanent entry on his criminal record, and a loss of his driver's license for two years.  Client hired Attorney Yannetti to fight the charge.  Attorney Yannetti takes the case to trial today.  Result: Not Guilty Verdict after trial.

October 16, 2009
Boston Municipal Court
Docket No. 1977-56 and 1977-61
Client was convicted in 1977 of possession of marijuana with the intent to distribute (as well as unlawful possession of a firearm).  At the time, Client was a recent immigrant from Trinidad & Tobago.  For the next thirty years, Client led a productive life here in the U.S., gaining notoriety as a singer for a popular reggae band.  He was shocked to learn that he now faced deportation as a result of his 1977 convictions in the Boston Municipal Court.  Client retained Attorney Yannetti to try to reverse the convictions so that he would be able to avoid deportation.  Attorney Yannetti then investigates this matter and conducts the appropriate legal research, which results in a motion for new trial and a 22-page memorandum to support it.  On September 17, 2009, after a hearing before a B.M.C. judge, Attorney Yannett's motion for new trial was allowed and the conviction was reversed.  Today, the prosecutor announces in court that the district attorney's office will not appeal the judge's ruling.  Client's record therefore no longer contains those serious felony convictions.  He can no longer be deported.  Result: Motion for New Trial Allowed, Case Dismissed and Client avoids almost certain deportation.

September 15, 2009
Dorchester District Court
Docket No. 0807-CR-4579
Client was charged with possession of cocaine with the intent to distribute within a school zone. If convicted, Client faced a minimum mandatory sentence of two years in the house of correction. Client hired Attorney Yannetti to fight the charges. Attorney Yannetti filed a motion to suppress the drugs that were found. Back in March, a full hearing was held on Attorney Yannetti's motion to suppress, during which Attorney Yannetti argued that the police had violated Client's constitutional rights by searching him on the day in question. Today, after the judge allowed the motion to suppress, the prosecutor announced that the district attorney's office would not appeal the judge's ruling. As a result, Attorney Yannetti persuades the judge to dismiss the complaint. Result: Motion to Suppress Allowed, Case Dismissed.

June 26, 2009
Quincy District Court
Docket No. 0856-CR-3492
On May 14, 2009, Attorney Yannetti persuaded the judge to dismiss this case against Client, after having first persuaded the judge to allow his motion to suppress. Thereafter, Client re-hired Attorney Yannetti to file a motion for the return of his property -- specifically, over $3,000 in cash that had been seized from Client. Today, Attorney Yannetti persuaded the judge to return all of Client's cash to him. Result: Motion for Return of Property Allowed.

June 9, 2009
West Roxbury District Court
Docket No. 0806-CR-0847
Back on May 1, 2008, Attorney Yannetti successfully persuaded the prosecutor and the judge to place Client on pre-trial probation for this complaint alleging possession of a Class C controlled substance, underage possession of alcohol, resisting arrest and disorderly person. Client successfully completed pre-trial probation and the case was dismissed on October 1, 2008. Client's parents recently re-hired Attorney Yannetti to petition the court to seal this case. Today, after a hearing in court, Attorney Yannetti persuades the judge to permanently seal all of the records pertaining to these charges. Result: Case Permanently Sealed.

June 1, 2009
Malden District Court
Clerk's Hearing
Client, a 20 year-old college student, was stopped by the police for a motor vehicle violation. Client allegedly was belligerent to the police, who found multiple bags of marijuana, a digital scale, and a stolen store sign in his car. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing, where he faced possible charges of larceny and possession of marijuana with the intent to distribute. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against Client should not issue. Client never appears before a judge. This case will never appear on his criminal record. Result: Application for Complaint Dismissed.

May 14, 2009
Quincy District Court
Docket No. 0856-CR-3492
Client was charged with possession of cocaine with the intent to distribute within a school zone. If convicted, Client faced a minimum mandatory sentence of two years in the house of correction. Client hired Attorney Yannetti to fight the charges. Attorney Yannetti filed a motion to suppress the drugs that were found, and also the $3000 in cash that Client had on his person. Back in January, a full evidentiary hearing was held on Attorney Yannetti's motion to suppress, during which Attorney Yannetti cross-examined the arresting officer. Today, after the judge allowed the motion to suppress, the prosecutor announced that the district attorney's office would not be appealing the judge's ruling. As a result, Attorney Yannetti persuades the judge to dismiss the complaint. Result: Motion to Suppress Allowed, Case Dismissed.

April 2, 2009
Cambridge District Court
Docket No. 0752-CR-3226
Back on August 8, 2008, after convincing a judge to suppress from evidence the cocaine that had allegedly been found on Client's person, Attorney Yannetti persuaded the district attorney's office to dismiss this narcotics case against Client. Client thereafter re-hired Attorney Yannetti to petition the court to seal the case. Today, after a hearing in court, Attorney Yannetti persuades the judge to permanently seal all of the records pertaining to this case. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

March 12, 2009
Waltham District Court
Clerk's Hearing
Client, a college student, was stopped in a car with marijuana in her possession -- back in December, before marijuana possession was decriminalized. Client therefore hired Attorney Yannetti, who advises Client to request a clerk's hearing. The clerk magistrate thereafter denies the complaint. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.

February 12, 2009
Middlesex Superior Court
Docket No. 87-3487
Back in 1989, represented by another attorney, Client was sentenced to 6-8 years in state prison for a distribution of cocaine case. In 1990, after serving part of his state-prison sentence, Client's sentence was revised to a suspended sentence. He successfully completed probation in 1993. By early 2009, Client had grown up, completely turned his life around, and was now a medical doctor. Client contacts Attorney Yannetti to petition the court to seal this old conviction. Today, Attorney Yannetti's petition to seal was successful. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

February 3, 2009
Dedham District Court
Clerk's Hearing
Client, a construction manager, was under police surveillance when he allegedly distributed one-half pound of marijuana to someone else. Client hired Attorney Yannetti to represent him. Today, at the clerk's hearing, Attorney Yannetti cross-examines the arresting police officer. At the conclusion of the hearing, the officer agrees to reduce the charge from distribution of marijuana to simple possession of marijuana. When Client is eventually arraigned before a judge, he faces a substantial reduction in possible penalties -- and will almost certainly not receive a criminal conviction regarding this matter. Result: Application for a Complaint charging Distribution of Marijuana and Conspiracy Dismissed. Complaint issues only for simple possession of marijuana.

January 29, 2009
Quincy District Court
Docket No. 0756-CR-7625
Client was arrested for possession of a class A substance (heroin) and conspiracy to violate the controlled substances laws. Client hired Attorney Yannetti, who files a motion to suppress the drugs that were seized from Client. Today, when the motion to suppress was scheduled for a hearing, the district attorney's office decides not to go forward with the complaint. Result: Case Dismissed.

January 27, 2009
Worcester District Court
Docket No. 0862-CR-11916
Client, a young professional, was arrested for possession of a class D substance as a result of a motor vehicle stop by the police. Today, on his scheduled arraignment date, Attorney Yannetti convinces the district attorney's office that Client should not be arraigned. Instead, Client is placed in a pre-trial diversion program. As a result, this case will never appear on Client's criminal record. Client only needs to perform community service and this case will be dismissed in three months, without any arraignment. Result: Case Dismissed.

January 21, 2009
Boston Municipal Court
Clerk's Hearing
Client, a grave-digger from out-of-state, was in Boston for a bachelor party. While walking on the street with his fellow party-goers, he purchased some cocaine from a street dealer, in front of a police officer. Client hired Attorney Yannetti, who schedules the case for a clerk's hearing. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against him should not issue. Client never appears before a judge, and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.

August 8, 2008
Cambridge District Court
Docket No. 0752-CR-3226
Client, a college student, was charged with possession of narcotics after the police allegedly witnessed him buying cocaine from a drug dealer on a public street. When they stopped Client, the police found the cocaine in his pocket. Client hires Attorney Yannetti to investigate. Attorney Yannetti files a motion to suppress all of the evidence that was seized. On June 2, 2008, Attorney Yannetti cross-examined the arresting police detective during a hearing on that motion to suppress. After considering all of the evidence, the legal arguments presented, and a post-hearing memorandum filed by Attorney Yannetti, the judge thereafter allowed Attorney Yannetti's motion to suppress. Today, the prosecutor announced in open court that he would not appeal the judge's ruling -- so all charges were dismissed. Result: Motion to Suppress Allowed, Case Dismissed.

August 6, 2008
Lawrence District Court
Docket Nos. 0818-CR-0357 and 0818-CR-0359
Client, a gym manager, was charged with unlawful possession of narcotics, receiving stolen property (allegedly having in his possession two social security cards not belonging to him), unlicensed operation of a motor vehicle and attaching a false license plate to his motor vehicle. Client hires Attorney Yannetti, who files a motion to suppress the evidence that was seized. Today, the motion to suppress was scheduled for a hearing. Result: Motion to Suppress Allowed, Case Dismissed.

July 22, 2008
Ayer District Court
Docket Nos. 0748-CR-0577 and 0748-CR-0919
Client was on probation (pursuant to a "continued without a finding" disposition) for two separate "possession of marijuana" cases. Given that he also had two previous "possession of marijuana" cases (for a total of four on his criminal record), he was ordered to complete the community corrections program -- which includes drug testing. Client allegedly failed five different drug tests and failed to report for another, so his probation officer issued him a surrender notice. If found in violation of probation, Client faced the prospect of having convictions on his record -- which would have caused him to lose his driver's license for at least one year. Client also faced the prospect of serving time in jail. Client hires Attorney Yannetti. Over the course of three months, Attorney Yannetti counsels Client, works with his parents and negotiates with his probation officer. Today, Attorney Yannetti persuades his probation officer and the judge to allow Client to enter a one-month residential treatment program. Result: Client is placed back on probation despite multiple probation violations, maintains a conviction-free record, and retains his driver's license.

May 1, 2008
West Roxbury District Court
Docket No. 0806-CR-0847
Client, an 18 year-old college student, was caught drinking beer at rowdy underage party. Regrettably, he chose to run away when confronted by the police. When the officer finally caught up with him, he found prescription pills in his pocket, for which Client did not have a prescription. Client was therefore charged with possession of a Class C controlled substance, underage possession of alcohol, resisting arrest and disorderly person. Today, Attorney Yannetti convinced both the prosecutor and the judge to place Client on pre-trial probation. This means that Client does not admit to any crime, and instead needs only to complete 28 hours of community service and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.

March 27, 2008
Westborough District Court
Clerk's Hearing
Client, a mutual funds accountant just beginning his career at a bank, was pulled over by the police for allegedly driving with a broken headlight. When the officer smelled marijuana coming from the vehicle, Client voluntarily turned over to him the small bag of marijuana in his possession. Attorney Yannetti scheduled the matter for a clerk's hearing and contacted the police prosecutor to request leniency for Client. If a complaint were to be issued against him, Client could lose his job and have his future prospects for employment damaged. Today, Attorney Yannetti convinces an assistant clerk magistrate that no complaint should be issued against Client. Client therefore maintains a completely clean criminal record. Result: Application for Complaint Dismissed.

March 19, 2008
Malden District Court
Docket No. 0750-CR-1904
Client was a young man with a prior criminal record, who had previously served time in the house-of-correction. During an alleged cocaine deal with an undercover police officer in a motor vehicle, Client allegedly said to the officer, "You're not a snitch are you? We shoot snitches." Client was therefore arrested and charged with distribution of cocaine within a school zone and conspiracy to violate the narcotics laws. If convicted of the school zone charge, Client faced the prospect of being sentenced to two years, minimum-mandatory, in the house of correction. Attorney Yannetti answers ready for trial today, prepared to challenge Client's status as a joint venturer in the drug deal. Before a jury is impaneled, the prosecutor offers to dismiss the school zone and conspiracy charges in exchange for Client's admission to simple distribution. Client therefore receives a split sentence, with only six months to serve. With good time, Client will be eligible for parole in three months. Result: Client avoids school-zone and conspiracy charges, avoids a minimum-mandatory two-year sentence, and will be eligible for parole in three months.

January 23, 2008
Brighton District Court
Docket No. 0708-CR-1939
Client, a 19 year-old college freshman, was investigated for drug distribution on campus. The university police department found cocaine in his bedroom, as well as individually packaged baggies of marijuana, a scale and over $900 in cash. On his computer, the police found instant messages containing conversations about Client picking up "drug money" from customers. His roommates told the police that Client was indeed dealing drugs. The police sought a criminal complaint against him for possession of a class D controlled substance (marijuana) with intent to distribute, and possession of a class B controlled substance (cocaine) with intent to distribute. Client's parents retained Attorney Yannetti, who scheduled the matter for a clerk magistrate's hearing. At that hearing back on November 13, 2007, Attorney Yannetti convinced the assistant clerk magistrate not to charge Client with any offense involving cocaine. Client was then arraigned before a judge and faced a single count of possession of marijuana with intent to distribute. Client, who had been ordered to stay away from campus until this case was resolved, wound up violating that order and was subsequently charged with trespassing. Today, when the case was scheduled for a pre-trial conference, Attorney Yannetti persuades the prosecutor and the judge to dismiss the trespassing complaint. Attorney Yannetti also convinces the prosecutor to reduce the marijuana charge from "possession with intent to distribute" to simple possession. Client is then given a continuance without a finding until the end of May. As long as he successfully completes his probation by staying out of further trouble, performing 25 hours of community service, staying drug-free and staying off-campus, this case will be dismissed about four months from now. Result: Client avoids a charge of cocaine distribution, avoids a charge of marijuana distribution, has a trespass charge Dismissed, and avoids a criminal conviction on simple possession of marijuana -- as that charge will also be Dismissed four months from now.

October 19, 2007
Chelsea District Court
Docket No. 0714-CR-1078
Client was charged with possession of narcotics after the police found him sleeping in a running motor vehicle. Client was with a friend, in the parking lot of a restaurant, in the middle of the day. The police alleged that upon approaching Client's motor vehicle, they spotted the drugs in a baggie, in plain view. Client hires Attorney Yannetti, who files a motion to suppress the evidence that was seized. Today, the motion to suppress was scheduled for a hearing. Result: Motion to Suppress Allowed, Case Dismissed.

October 17, 2007
Boston Municipal Court
Clerk's Hearing
The Boston Police applied for a complaint against Client because he allegedly purchased marijuana from an undercover officer. Client, an attorney with a prestigious law firm, was embarrassed and petrified that the complaint would issue against him -- and therefore give him an entry on his criminal record. Today, Attorney Yannetti convinced the police officer and the assistant clerk magistrate that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.

September 14, 2007
Leominster District Court
Docket No. 0761-CR-0169
Attorney Yannetti represented Client back in May and succeeded in convincing the court to dismiss the charges of operating under the influence of drugs and possession of a class E controlled substance. Client instead received a continuance-without-a-finding on charges of operating a motor vehicle negligently and possession of a class B controlled substance. Client proceeded to successfully complete only two months of probation before failing two random drug tests in July by being caught with cocaine in his system. Client then re-hired Attorney Yannetti, who helped Client into drug treatment and negotiated with his probation officers in two courts over the course of two months. Today, Client's probation officer surrendered him to the court for his probation violations -- but Attorney Yannetti convinced both the probation officer and the judge not to impose a guilty finding on either charge. Instead, his two charges will remain continued without a finding, to the original termination date of May 2008. Client needs only to be evaluated for further drug treatment and remain drug and alcohol-free until then. Result: Client surrendered for his probation violations, but still avoids any criminal conviction, as the continuance without a finding is not revoked.

April 23, 2007
Woburn District Court
Docket No. 0653-CR-2212
Client was charged with illegal possession of narcotics. His case stemmed from an arrest in the early morning hours after the police had received a call that a "suspicious" male was hanging around Starbucks well before it opened for business. When the police arrived, Client was the only one in the area, and he ran from the police. When the police eventually stopped him, they found marijuana and a pipe on his person. In court, Attorney Yannetti filed a motion to suppress all of the seized evidence, alleging that the police had violated Client's constitutional rights. After a hearing, during which Attorney Yannetti cross-examined the arresting police officer, Attorney Yannetti filed a memorandum of law with the court. Today, the judge ruled that Attorney Yannetti's motion to suppress has been allowed. The District Attorney's Office therefore has no evidence with which to prosecute Client. Result: Case Dismissed.

March 13, 2007
Somerville District Court
Docket No. 0610-CR-2903
Client, a high school student on probation for a previous charge of possession of a class D controlled substance (marijuana), was facing multiple counts of malicious destruction of property. Client allegedly vandalized several motor vehicles by removing multiple car emblems in the neighborhood one night. After several court appearances, Attorney Yannetti convinces the prosecutor and judge to dismiss the case today upon reimbursement of the out-of-pocket expenses incurred by the car owners. Result: Case Dismissed.

January 24, 2007
Suffolk Superior Court
Docket No. 2006-10173
Client was charged with multiple offenses carrying minimum mandatory sentences, including trafficking in cocaine, distribution of narcotics in a school zone, carrying a firearm and possession of a large capacity weapon. Client was also indicted as an "armed career criminal, level 3," and therefore faced a minimum mandatory 15-year state prison sentence for that charge alone. At the time of his arrest for carrying the firearm, Client had been on release after posting bail on his trafficking case -- meaning, by statute, the sentences on each case had to be consecutive and not concurrent. The trafficking and school zone indictments carried an additional 5 year sentence, minimum mandatory, in state prison. Attorney Yannetti answers ready for trial on the trafficking case, having retained an expert forensic toxicologist to testify that the amount of cocaine in Client's possession could be consistent with personal use and not distribution of narcotics. Result: The prosecutor agrees to dismiss the Armed Career Criminal Level 3 indictment, as well as the Trafficking in Cocaine and School Zone indictments. Client elects to resolve all of his outstanding matters for a greatly reduced 3 1/2 year sentence -- only 3 years of which is mandatory. With credit for time served awaiting trial, Client will serve less than 3 years.

January 4, 2007
Boston Municipal Court
Docket No. 0601-CR-2503
Client, a local union member, was charged with unlawful possession of a class C controlled substance (valium pills). Attorney Yannetti convinces the prosecutor and the judge that client would lose his job if he were forced to admit to the crime. Attorney Yannetti also enlists the help of a police officer who happened to be in court today. This officer was not involved in Client's arrest but could confirm issues surrounding client's union job. Result: Case Dismissed.