Drug Distribution Near School Zone or Park
The drug crime of Distribution and/or Possession with Intent to Distribute in a School Zone or Park carries additional enhanced penalties after convictions.
Massachusetts General Laws Chapter 94C, Section 32J imposes the enhanced sentence of not less than 2.5 years to 15 years in state prison; or not less than 2 years up to 2.5 years in the House of Corrections; and a possible fine of not less than $1,000 up to $10,000. Massachusetts law requires that a conviction for a School Zone/Park Violation run 'from and after' the expiration of the sentence for the predicate offense.
In order to be convicted of a Drug School Zone / Park Violation, the prosecutor is first required to prove, beyond a reasonable doubt, the defendant guilty of Distribution or Possession with Intent to Distribute a Controlled Substance. The jury must then go on to consider whether the prosecutor has proven, beyond a reasonable doubt, that the offense was committed:
In determining distances for alleged Drug School Zone / Park Violations, Massachusetts law does not specify any particular method for establishing the boundaries of a school. The law prefers, however, that the distance be measured in a straight line from the school's boundary to the alleged site of illegal drug activity.
If you have been charged with a Drug Crime, including the additional crime of School Zone / Park Violation, you should immediately consult with a criminal defense lawyer who has the experience in defending against Drug Crimes. Massachusetts Criminal Attorney Lefteris K. Travayiakis has represented hundred of persons charged with a variety of drug crimes, including simple Possession, Distribution, Possession with Intent to Distribute, School Zone / Park Violations, and Trafficking. He has had successes in not only challenging the unlawful Searches & Seizures and Constitutional violations resulting in charges being dismissed, but has also taken cases to trial resulting in acquittals.
To schedule a Free Consultation with Boston Criminal Defense Attorney Lefteris K. Travayiakis, Click Here to Submit Your Case or call him directly at 617-325-9500.
Massachusetts General Laws Chapter 94C, Section 32J imposes the enhanced sentence of not less than 2.5 years to 15 years in state prison; or not less than 2 years up to 2.5 years in the House of Corrections; and a possible fine of not less than $1,000 up to $10,000. Massachusetts law requires that a conviction for a School Zone/Park Violation run 'from and after' the expiration of the sentence for the predicate offense.
In order to be convicted of a Drug School Zone / Park Violation, the prosecutor is first required to prove, beyond a reasonable doubt, the defendant guilty of Distribution or Possession with Intent to Distribute a Controlled Substance. The jury must then go on to consider whether the prosecutor has proven, beyond a reasonable doubt, that the offense was committed:
- within 1,000 feet of the grounds of a school (public elementary, vocational, secondary school, preschool or head start facility, or similarly privately accredited schools); or
- within 100 feet of a public park or playground.
In determining distances for alleged Drug School Zone / Park Violations, Massachusetts law does not specify any particular method for establishing the boundaries of a school. The law prefers, however, that the distance be measured in a straight line from the school's boundary to the alleged site of illegal drug activity.
If you have been charged with a Drug Crime, including the additional crime of School Zone / Park Violation, you should immediately consult with a criminal defense lawyer who has the experience in defending against Drug Crimes. Massachusetts Criminal Attorney Lefteris K. Travayiakis has represented hundred of persons charged with a variety of drug crimes, including simple Possession, Distribution, Possession with Intent to Distribute, School Zone / Park Violations, and Trafficking. He has had successes in not only challenging the unlawful Searches & Seizures and Constitutional violations resulting in charges being dismissed, but has also taken cases to trial resulting in acquittals.
To schedule a Free Consultation with Boston Criminal Defense Attorney Lefteris K. Travayiakis, Click Here to Submit Your Case or call him directly at 617-325-9500.