Not all crimes are the same and we all know that. What differentiates certain crimes from others is the following:

• Severity of the crime
• Punishment if convicted
• Long-term effects of the conviction
• Legal process of prosecution
• Statute of Limitations

People make mistakes and no one is perfect, but staying on the right side of the law is always in your best interest.

If you get into trouble with the law, however, you need representation from an attorney who can advocate for you. They will guide you through the process and explain how the law works.

Simple words, big difference

However, even before that, it is crucial to have a basic understanding of certain concepts. Felonies are much more serious than misdemeanors, for example, and they often result in harsher penalties, while misdemeanors are less serious offenses with less severe consequences.

Examples of felonies include:

• Murder
• Robbery
• Burglary
• Drug trafficking

Examples of misdemeanors include:

• Shoplifting
• Vandalism
• Trespassing
• Disorderly conduct

Reading through the list gives you a clear picture of the differences between the two. Given that they are so different, felonies and misdemeanors differ in many other ways, like, for example, the legal proceedings and the long-term effects of a conviction.

You deserve advocacy

In a perfect world, no one would commit crimes. However, good people who need legal assistance commit millions of crimes every day in the United States.

Understanding the law, whether you should fight your charges, whether you have defenses and what rights you have are all critical and important for you to know.

For information specific to a crime, an attorney with criminal law experience can assist you further and ensure you understand the entire picture.

Crossing a state border

In general, each state handles the prosecution of drug possession or distribution within their own territory. However, when someone transports drugs across state borders, they could face charges for violation of the Controlled Substances Act. This is a federal statute that governs the penalties associated with each type of drug, and the quantity that the defendant had in their possession.

The severity of the penalty depends on the schedule (or category) that the drug fits into, as well as the quantity, and whether the prosecutor can prove that the defendant had the intent to distribute the drug or had it merely for personal use.

Possession of drugs on federal property

If a police officer or DEA agent arrests you for drug possession or distribution while you are on federal land, it’s likely that you will face federal charges. Federal land includes government buildings and national parks.

You could also face federal charges if you used federal services in the commission of the offense. A common example of this is using the United States Postal Service for the distribution of controlled substances.

In many cases, defendants with federal charges face the prospect of much more severe penalties than if they were in state court. Although it’s never easy to prepare yourself for a criminal trial, it can help to know the possibilities of the charges that you could have to defend against.

The charges against the Massachusetts pastor included intent to distribute and traffic Class B and C drugs. In 2017, law enforcement searched his home, a food trailer he owned and his church after obtaining a search warrant. Reports after the search state that drugs were found in various areas, including inside printers and other appliances. The types of drugs found during the search include oxycodone, fentanyl, cocaine and other types of controlled substances and prescription drugs.

Recently, the pastor pled guilty to drug charges from both the 2017 and 2019 cases against him. He will now face four to five years in prison, after which he will serve three years of probation. His case illustrates the serious repercussions associated with trafficking any type of drugs.

Conviction of drug trafficking will result in years or even decades in prison. Whether under investigation for alleged criminal activity or facing sentencing, the counsel of an experienced Massachusetts defense attorney will be invaluable. Regardless of what a defendant is up against, he or she has the right to fight for the most beneficial outcome to the case and seek to protect future interests.

It is not clear how Massachusetts police found the drugs in the vehicle or whether they were purportedly in plain sight while talking with the driver. Reports indicate there were close to 200 grams of cocaine and about 200 bags of what is assumed to be fentanyl. Allegedly, there was also a gun and ammunition in the vehicle.

The three individuals were placed under arrest. Charges include weapons and drug charges, including drug trafficking charges. Trafficking is a federal offense, and the potential penalties for a trafficking offense are steep. If convicted, the defendants could spend extensive time behind bars. At this point, each accused individual is likely exploring the defense options available.

When the stakes are high, the experience of a defendant’s legal counsel matters. Working with a knowledgeable Massachusetts defense attorney is a significant benefit when one is facing the possibility of losing his or her personal freedom and reputation. When facing drug charges or other criminal allegations, it is beneficial to seek guidance and support as soon as possible after an arrest, starting with an assessment of the individual case.

Sleeping pills – both prescription and over-the-counter – often cause grogginess upon waking, but they are not the only medications that can be unsafe to take when you need to drive. Drowsiness is also not the only dangerous side effect of some medications. The National Institute on Drug Abuse has cautioned people about the following medications and potential impairing effects:

· Antihistamines, cold medicine and narcotic painkillers causing sleepiness

· Antidepressants and anti-anxiety medications that cause confusion, brain fog and dizziness

· Medications containing caffeine or certain drugs that treat mental conditions and cause jitteriness or nervousness

· Prescription drugs that treat chronic health conditions resulting in unexpected side effects, such as blurred vision, seizures or fainting

The warning labels on your medicine bottles are there for a reason. If they say not to drive or operate machinery after taking the medication, the chances are good that you might face legal consequences if authorities detect the medication in your system while you are behind the wheel. As you might imagine, you could face additional consequences if a drug’s side effects resulted in an accident that caused injury to other people.

You may wish to speak with your doctor about dosage times, amounts or alternate medications if it is not an option for you to stop driving. You should also know that you have the right to a competent defense.

In such cases, it can be helpful to understand the various aspects of the charges. The last article reviewed the difference between drug trafficking and distribution. In regards to those charges, there are a few key terms that can have a great impact.

Controlled substance

A controlled substance is a drug that the state or local law deems to be illegal. It is important to note that with a physician’s prescription, certain drugs may not be illegal. However, they must not be in excessive amounts that exceed the prescription. This regulation is in place to try to eliminate the use of the drug in a way that can bring mental or physical harm.

Possession

Possession occurs when parties have substances in their control. This does not necessarily mean that the drug is on the party’s person; if it is within someone’s personal space or belongings, it is within that person’s control.

Class

In the state of Massachusetts, there are five classes of possession of a controlled substance. The classes that the drugs fall into determine the penalties that convicted parties face. These classes range from A to E, with Class A representing the most dangerous drugs and descending from there. The penalties for the charges may reach up to two years in jail time and $2,000 in fines for a first offense. A second offense may result in up to $5,000 in fines and five years in jail.

Individuals facing drug charges should take some time to review the law and make sure that they comprehend it and its applications. For further explanation and clarity, it is a good idea to contact a knowledgeable attorney.

Those facing drug charges may have to deal with serious penalties.

Trafficking

In short, trafficking is the transportation of controlled substances. Trafficking is seen as one of the most serious nonviolent drug charges that parties may face. Whether it is across state lines or the border, the charge is the same. However, the type of drug plays a strong part in determining the severity of the charge.

Distribution

As the name indicates, distribution is the actual dissemination of a controlled substance. For a distribution charge to stick, law enforcement must catch the offender in the act of exchanging the drug for some form of payment. Since the charge focuses on the actual action of exchange of drugs, the amount of the substance is not relevant.

Key differences

Though the two charges are related, they are still different. Distribution may include trafficking elements; however, a party may be guilty of trafficking but not distribution. For example, a drug runner is guilty of trafficking, but if the runner does not also sell the drug, he or she would not be guilty of distribution. On the other hand, a party who receives a drug, takes it to another city, and sells it to another person is guilty of trafficking and distribution. Also, whereas law enforcement must catch the offender in the act for a distribution charge to stick, a party may face a trafficking charge as long as there is evidence to indicate intent, such as excessive amounts of the substance, drug paraphernalia, scales, or large amounts of cash.

Understanding the difference between the two charges is important, especially for those facing either one. Along with understanding the dissimilarities, it may be beneficial to know other terms that affect the severity of the charges as well.

Prosecutors across seven counties have announced plans to retry only a few hundred of the cases, typically involving those with lengthy criminal records.

Years in the making

The April announcement of dismissals and planned retrials came after over five years of research, investigation and dogged insistence on the part of both state criminal defense attorneys and lawyers at the Massachusetts branch of the American Civil Liberties Union. The ACLU estimates that, of the original 21,907 drug crime cases potentially impacted by forged lab results, falsified documents and tampered evidence, only 302 will be retried.

For her part in the scandal, the lab tech at the center of it all served three years in prison, being released in 2016. Officials are still unsure as to her motive, but suspect that she had a compulsion towards overachieving at any cost. Her apparent zeal, and the speed with which she tested evidence and filed reports was praised by superiors, but coworkers expressed concerns which were, for a time, largely ignored. It took several years of her illicit actions before her schemes were discovered.

By the time the scandal broke in 2012, she’d worked on tens of thousands of cases. This meant that any conviction she could have been partially or wholly responsible for could potentially be questioned. State prosecutors and investigators have spent the last several years going through cases, determining if untainted evidence existed that could warrant retrial.

Of course, for the hundreds of people now facing retrial, their ordeal isn’t over just yet. They will still need to defend themselves in court with the help of a skilled criminal defense attorney to argue their case before the judge and jury.

Law enforcement reports finding a significant amount of illegal drugs and prescription medication in the vehicle. They list finding substances that include large quantities of Percocet pills, fentanyl, cocaine and almost $1,000 in cash. Police state they found the drugs hidden in the vehicle in an improvised container made from a soda can.

When someone is arrested with a significant amount of specific types of drugs or controlled substances, it is likely that individual will be charged with trafficking and intent to distribute. These are serious felony offenses, and the two defendants face the potential of time behind bars and other significant penalties. One of the defendants has a previous drug conviction on his record from 2018, which could affect the current case against him.

Drug trafficking charges carry the potential for consequences that may have significant effects on a Massachusetts defendant’s future. These two defendants will find it beneficial to seek the counsel of an experienced defense attorney at this time, working to develop a strategy that allows them to effectively confront the cases against them. They both have the right to a presumption of innocence until and unless proven guilty, as well as the right to challenge these criminal charges in court.