Elvis Colon, 33, was arrested for trafficking cocaine (28 grams or more), trafficking cocaine (28 grams or more) in a school zone.
Eliezer Montanez, 23, was arrested for possession of class D drug with intent to distribute, possession of class D drug with intent to distribute in a school zone, willful and malicious damage to property over $250, warrant for assault and battery, threatening to commit a crime.
Jose Roldan, 22, arrested for driving to endanger, failing to stop for police, speeding, failing to submit vehicle to state inspection, failure to stop at a stop sign, driving without a license, possession of a class A drug with intent to distribute, possession of a class A drug with intent to distribute in a school zone, driving without registration.
In Massachusetts General Law, Chapter 94C Section 32G, any "person who knowingly or intentionally creates, distributes, dispenses or possesses with intent to distribute or dispense a counterfeit substance" can be punished for up to one year in a jail or house of correction and/or with fines from $250 to $2,500.
However, this violation if taken place in a school zone carries heftier consequences. School zone, or school property, is defined as "in or on, or within 1000 feet" of any public or private accredited school, at any point in time. The law perceives a significant difference between charges of "possession with intent to distribute or dispense" and "possession with intent to distribute" in, on, or near school property.
According to Chapter 94C Section 32J, possession with intent to distribute in a school zone merits a sentence of two and a half years to fifteen years in a state prison, or a sentence of two years in a jail. Fines range from $1000 to $10,000 dollars on top of the mandatory minimum two year prison sentence.
That's a difference of $750-$7500 in fines and a discrepancy of twelve or more years in jail or even state prison.
Lowell Sun, June 8th, 2010 Arrest Log
Please contact the established criminal defense lawyers at Parker Scheer, if you or someone you know needs representation in a drug possession and intent to distribute case.