Drug Trafficking in Rhode Island

Narcotics Trafficking in Rhode Island

Drug trafficking is generally defined as the sale and distribution of illegal substances such as heroin, LSD, MDMA (ecstasy), marijuana, steroids, cocaine, PCP, and methamphetamine.

In many states, drug trafficking falls under the category of "Organized Crime", which has the potential to increase the severity of any penalties issued after a conviction.

Although penalties for federal drug trafficking convictions vary based on the state in which the crime takes place, it is both a state and a federal crime. Punishments often depend on the substance, as well as the quantity of drugs involved. Because drug trafficking is closely associated with organized crime, the state of Rhode Island litigates drug trafficking crimes with the intent to prosecute offenders to the fullest extent of the law.

In addition to the possibility of serious prison time, a drug trafficking conviction also has the potential to remain on your record for the rest of your life, making it difficult to attain employment, while simultaneously leading to the loss of personal property, denial of federal benefits, and the loss of real estate.

Federal Drug Trafficking Penalties

• First Offense Marijuana Distribution (1,000 kg or more), Not less than 10 years.
  
• First Offense Cocaine Distribution (5 kgs or more mixture) Not less than 10 years.
  
• First Offense Heroin Distribution (1 kg or more mixture) Not less than 20 years.
  
• First Offense LSD Distribution (10 gms or more mixture) Not less than 10 years.
  
• First Offense Methamphetamine Distribution (50 gms or more) Not less than 20 years.
  
• First Offense PCP (10 - 99 gms pure or 100 - 999 gms mixture) Not less than 20 years.
  

If you have been charged

A drug trafficking charge has the potential to destroy your life; which is why you should contact an experienced attorney before speaking to anyone involved with law enforcement agencies such as the FBI, DEA, or police department.

If you have been officially charged with drug trafficking or are currently under investigation in the state of Rhode Island, Criminal Defense Attorney John E. MacDonald will provide a comprehensive and tenacious defense in both state and federal courts.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Providence Drug Crime Arrest Leads to Federal Conviction

The following news release by US Attorney for the District of RI Peter F. Neronha details the facts and ruling in a case involving a drug trafficking crime in Providence. 


U.S. Department of Justice
Peter F. Neronha
United States Attorney
District of Rhode Island
December 9, 2011

Armed Career Criminal Convicted on Federal Drug Trafficking & Firearms Charges; Faces up to Life in Federal Prison

PROVIDENCE, R.I. – A Providence man previously convicted of numerous crimes of violence including drug trafficking crimes was convicted on Thursday by a federal jury in Providence of trafficking heroin and crack cocaine, being in possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. Shelton Smalls, 42, faces up to life in federal prison when he is sentenced by U.S. District Court Chief Judge Mary M. Lisi on March 2, 2012.
Smalls’ conviction was announced by United States Attorney Peter F. Neronha and Providence Public Safety Commissioner Steven M. Pare.
According to testimony presented to the jury during a two-day trial, on April 26, 2011, detectives assigned to the Providence Police Department Narcotics and Organized Crime Bureau were conducting surveillance in a restaurant parking lot where drug dealing was believed to be prevalent. Detectives watched as a person sitting in a parked vehicle exited his vehicle and got into Smalls’ vehicle moments after Smalls arrived. In a meeting that lasted less than 30 seconds, detectives say they witnessed what they believed to be a drug transaction when Smalls provided what appeared to be small packets in exchange for cash.
Immediately after the transaction was completed, the person exited Smalls’ vehicle while placing the purchased items into a pants pocket. He then walked directly into the restaurant and into a restroom followed by an undercover detective. He voluntarily retrieved packets of heroin and crack cocaine that he had just purchased from Smalls from his pocket and turned them over to the detective. While he was being taken into custody, the arresting detective notified detectives outside the restaurant who then approached and placed Smalls into custody. Smalls later admitted to police that he had additional drugs stored at his residence.
Smalls voluntarily accompanied police to his residence where he provided access to an apartment where his wife and children were located and then into an upstairs apartment he was also using. In the upstairs apartment detectives discovered a .357 revolver and a .22 caliber handgun in a laundry basket; and then located heroin, crack cocaine, $1,300 in cash and assorted drug trafficking supplies in a safe to which Smalls also provided access. Detectives had already seized $853 in cash from Small’s pockets.
The case was prosecuted by Assistant U.S. Attorneys Gerard B. Sullivan and Leslie J. Kane.
The matter was investigated by the Providence Police Department with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Man Charged in Boston Drug Trafficking

Boston Drug Trafficking Targeted At Logan Airport And East Boston District Court

September 22, 2011
Carlos J. Lanns, a 24-year-old New Jersey gentleman (and hereinafter, the “Defendant”), flew to Boston Monday…and into the arms of the law. He now stands charged with a number of Massachusetts drug crimes.

According to the Commonwealth, the Defendant arrived at Logan International Airport with 2.17 kilograms of cocaine, wrapped in plastic, in his shoes. Law enforcement values the drugs at an estimated street value of more than $200,000.

Prosecutors allege that the cocaine was hidden inside four pairs of shoes in his checked luggage. State Police arrested the Defendant shortly after he got off JetBlue Flight 862 from Santo Domingo, the capital of the Dominican Republic. Apparently, they had been alerted by US Customs and Border Protection.

While, the method used to find the drugs was not revealed “so as not to compromise ongoing interdiction efforts,” Suffolk District Attorney Daniel F. Conley’s office said, drug-sniffing dogs have been used in the past to check luggage from certain international flights.

At his arraignment, the Defendant is said to have seemed confused as his interpreter explained the proceedings to him. At his East Boston bail hearing, bail was set at $300,000 cash, although the Defendant had no prior record. The Commonwealth also requested that he be made to surrender his passport should bail be made as he allegedly has ties to the Dominican Republic.
It was so ordered.

The Defendant has pleaded not guilty to charges of trafficking in more than 200 grams of a Class B substance. He faces a possible 15-year mandatory minimum state prison sentence if convicted…
…so far.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Do mandatory minimum sentences in drug cases work?

Mandatory Minimum Sentences

Mandatory minimum sentences are imposed in drug crimes to attempt to convey the seriousness of the crimes to those involved, and to bring together the gaps in the sentences issued from state to state by Judges who were allowed to determine the sentence on a per case basis, up to the maximum penalty allowed. The question then, is are these mandatory guidelines actually working to deter criminal drug activity?

Supporters of mandatory sentencing laws state that they are definitely doing their job, yet those who work for defendant's rights state that these results are skewed and do not take pre-trial decisions into account. The argument being that when an accused is facing a heavier sentence than they deserve, prosecutors and defense attorneys work together to achieve a fairer outcome in the pre-trial stage, thus negating the mandatory minimum sentence entirely.

All sides agree however, that mandatory minimum sentencing laws have brought everyone to the same place in terms of state to state sentences for drug crimes. There are no longer lenient states and harsh states when it comes to drug crimes. Whether you commit the crime in Alaska or Florida, you're going to have the same sentence imposed.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Immigration Attorney Secures Post Conviction Relief Decision

US Immigration Post Conviction Relief Attorney MacDonald posts the following results from a case involving vacating a drug trafficking sentence and application for naturalization.

Client appeared at our office in April of 2010 concerned about her immigration situation.

She was ordered removed from the United States in 2000 by way of an in abstentia order.

The basis of removal was a drug trafficking conviction from Massachusetts. Client had hired two other attorneys to vacate this conviction without success. Client hires our services. We retain Massachusetts counsel to vacate the plea.

Once vacated, we successfully moved to reopen the immigration case and terminate proceedings.

Client’s application for naturalization was granted in October of 2010.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.