Massachusetts Criminal Lawyer Blog
On March 3, 2018, SS, a then NH resident was arrested by the Methuen Police after they observed SS engage in a drug transaction. At the time of his arrest SS had 22.8 grams of fentanyl and 7.3 grams of crack cocaine on his person. He was charged with Trafficking Fentanyl (more than 10 grams) and Possession of Class B (the crack cocaine). The trafficking charge carried a state prison sentence of up to 20 years. The Lawrence District Court appointed a lawyer to represent SS. The DA’s Office did not want to take the case to Superior Court so the DA reduced the Trafficking charge to Possession with Intent to Distribute. SS insisted the drugs were for his own personal use. The DA would not agree to reduce the charge. SS went on the run for three years; however, he made good use of the three years. SS moved to Florida and went into a residential drug treatment program. He spent one full year in the program and came out of the program completely drug free. And he got himself a good job. In September 2021, SS returned to court. The warrant against him was recalled and he proceeded ahead with the court appointed lawyer. The DA would not agree to reduce the fentanyl charge to simple possession. The case lingered in court.
Finally in June of 2022, SS met with (via zoom) and retained Attorney Robert Lewin from Andover.
Attorney Lewin explained to SS that he had two choices: (1) He could take the case to trial or (2) He could plead guilty. Attorney explained that if SS went to trial, SS would clearly be found guilty of Possession of Fentanyl and Possession of the Crack Cocaine. Attorney Lewin felt that the chances were good that SS would not be found guilty of the “intent to distribute” portion of the charge. If he went to trial he would have to live with convictions on the two possession charges. Attorney Lewin further explained to SS that if SS pleaded to the two charges there was a good chance that the two charges could be “continued without a finding” and then dismissed. SS chose to plead to the two charges.