Arrested for Possession and Distribution of Heroin Near a School
Criminal Charges:
Man arrested in Lawrence, MA, and charged in the Essex County Lawrence District Court for:
- Distribution of a Class A Drug – M.G.L. c. 94C, § 32(a);
- Drug Violation Near School/Park – M.G.L. c. 94C, § 32J;
- Resisting Arrest – M.G.L. c. 268, § 32B; and
- Possession to Distribute a Class A Drug – M.G.L. c. 94C, § 32(a)
Case Overview:
In 2009, a Dominican man was arrested for possession and distribution of heroin near a school and resisting arrest after selling heroin to an undercover narcotics detective. The man, facing a 2-year mandatory minimum jail sentence for selling the drugs in a school zone, appeared before the Lawrence District Court to face the charges. In 2011, the day his case was scheduled for jury trial, he failed to appear, and a warrant was issued for his arrest. The man continued with his life for several years. In 2020, the man retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, and his team, to surrender him in court and represent him in the case.
Case Result: $2000 Fine
Attorney Calcagni successfully secured the man’s release on $10,000 bail over the prosecutor’s request for $100,000 bail. Following extensive research into the legal issues presented in the man’s case, the submission of a mitigation packet, and ongoing negotiations, Attorney Calcagni and his team successfully secured the prosecutor’s agreement to dismiss the resisting arrest and school zone charges, which removed the mandatory minimum 2-year jail sentence. In exchange, the man agreed to plead guilty to the remaining drug charges and pay a $2,000 fine as his punishment. The man not only avoided both jail and probation but since he was not a United States Citizen, he avoided any adverse immigration consequences, permitting him to remain in this country with his family.