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Trafficking in Fentanyl – how much Fentanyl must be seized to constitute Trafficking?

In order to be charged with Trafficking Fentanyl in Massachusetts State Courts the amount at issue must weigh at least 10 grams. If the amount seized is less than 1o grams you may only be charged with Possession with Intent to Distribute. The Fentanyl “trafficking” statute is found at G.L. c. 94C, s. 32E(c1/2). The Fentanyl “distribution” […]

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Trafficking in Heroin – how much Heroin must be seized to constitute Trafficking?

In order to be charged with Trafficking Heroin in Massachusetts State Courts the amount at issue must weigh at least 18 grams. If the amount seized is less than 18 grams you may only be charged with Possession with Intent to Distribute. The Heroin “trafficking” statute is found at G.L. c. 94C, s. 32E(c). The Heroin “distribution” statute […]

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Trafficking Cocaine or Methamphetamine – how much Cocaine/Meth must be seized to constitute Trafficking?

In order to be charged with Trafficking Cocaine in Massachusetts State Courts the amount at issue must weigh at least 18 grams. If the amount seized is less than 18 grams you may only be charged with Possession with Intent to Distribute. The Cocaine/Meth “trafficking” statute is found at G.L. c. 94C, s. 32E(b). The […]

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Trafficking Marijuana – how much Marijuana must be seized to constitute “Trafficking”?

In order to be charged with Trafficking Marijuana in Massachusetts State Courts the amount at issue must be at least 50 pounds. If the amount seized is less than 50 pounds you may only be charged with Possession with Intent to Distribute. The Marijuana “trafficking” statute is found at G.L. c. 94C, s. 32E(a). The Marijuana “distribution” statute […]

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What is Pre-Trial Probation?

If the prosecutor is willing to resolve your case with pre-trial probation (PTP), it means the charges against you will be dismissed after a specified period of time, generally from several months to a year or so. During this time your case will remain open, and you must comply with certain conditions that you and the […]

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What is a Habitual Traffic Offender?

A Habitual Traffic Offender (HTO) is someone whose driver’s license has been suspended for accruing too many traffic violations. The law is codified in G.L. c. 90, s. 22F. A person can become a HTO in two ways; 1) By being convicted of 3 major moving violations in the course of 5 years; or 2) […]

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Henry Speaks at Annual Meeting of Local Women’s Group

Last week Attorney Henry Fasoldt spoke at the annual meeting of the Fragment Society, a 200-year-old organization that provides clothing and support to poor women and children. The group asked Henry to talk about Juvenile Justice in Massachusetts. Group members were particularly interested in this topic as so many of the recipients of their donations […]

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Henry Fasoldt Receives Middlesex County “2015 Bar Advocate of the Year” Award

Middlesex Defense Attorneys, a non-profit group of defense attorneys that represent impoverished people, named Henry Fasoldt the Middlesex County “2015 Bar Advocate of the Year” award winner. Middlesex County is the most populous county in New England. He received the award for his “tireless and distinguished representation of the indigent.” A large share of Henry’s […]

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I received a subpoena to appear before a Grand Jury – I don’t want to testify, do I have to go? Can’t I just plead the 5th?

Yes, you must appear before the grand jury. You can be arrested if you fail to appear. You will not be able to escape the grand jury subpoena by simply “Pleading the 5th”. In order to plead the 5th, you must actually have a valid 5th amendment privilege. So, what is a 5th amendment privilege? […]

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What is a Motion to Suppress?

A motion to suppress is a legal argument made by the defense attorney that evidence in your case be “thrown out.” The reason for requesting that the evidence be excluded is that such evidence was obtained in violation of a person’s legal rights. There must be an actual violation, not an imaginary one. Evidence is […]

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