Common Defenses from a Drug Defense Attorney

A drug defense attorney with the right experience will help you achieve a favorable outcome in your drug-related case. Read on to find out how. 


Drug crimes are some of the most commonly prosecuted crimes in Massachusetts and the penalties can be quite severe. If you are accused of drug-related crimes, it is in your best interest to hire an experienced drug defense attorney immediately. A strong legal defense team will give you peace of mind and sound strategy when you need it most. 

If you or a loved one is facing drug charges, contact the Law Offices of Keren Goldenberg today to discuss the details of your case with a drug defense attorney: online or by phone: 978-221-2503 (Lowell), 617-431-2701 (Belmont).

Drug crimes in Massachusetts

No matter the severity of the crime or punishment, if you are charged with a drug crime of any kind, contact a lawyer immediately. Sentencing severity for possession, trafficking, or distribution depends on the type and quantity of drug involved. Possession with intent to distribute and trafficking charges both carry much harsher penalties than charges for possession. Certain trafficking and distribution charges carry mandatory minimum sentences, meaning certain punishment is issued even if a judge deems the punishment too severe for your case. Certain possession charges, on the other hand, may be resolved in negotiations with the district attorney. 

Common defenses for drug crimes

A criminal record involving a drug charge can have a detrimental impact on a person’s life for many, many years. Fortunately, there are a number of strategies an experienced drug defense attorney can employ to defend against drug charges. A persistent, resourceful drug crimes lawyer will advocate for you and know how to best protect your interests in court. 

Here are some examples of possible lines of defense:

No possession

The defense that you did not possess the drugs in question. This may be argued if contraband is found hidden near you and not in your immediate possession.

No intent to distribute

It’s possible that no intent to distribute can be argued in your defense:  

  • If there is no large quantity of drugs involved
  • If paraphernalia only for personal use is found
  • If no tools or equipment that could imply an intent to sell are found

No distribution occurred

In a distribution-related crime, individuals alleged to have purchased illicit drugs are unlikely to testify as witnesses to their own involvement. Either the prosecution will have to prove the sale occurred from evidence law enforcement was able to observe, or an undercover buyer would testify which could be contested as entrapment. 

Not a controlled substance

In order to convict, the prosecution must prove beyond reasonable doubt that the substance in question is a controlled substance. If the courts attempt to prove this through visual confirmation or field testing by law enforcement, there are very viable available defenses. 

The Bowden Defense

Essentially, the Bowden Defense is a challenge to the government’s investigation and preparation of the case against you. This is an opportunity for the defense to argue a failure by the government to employ certain investigative techniques or scientific tests. It also allows for the argument that further investigation or testing would have revealed the defendant’s innocence.  

What’s next: hiring a drug defense attorney

If you are facing criminal charges or are currently under investigation, you may have defenses available that aren’t immediately obvious to you. Contact the offices of Keren Goldenberg today to schedule a free, confidential phone consultation to discuss your case. 

The Law Offices of Keren Goldenberg are conveniently located in Lowell and Belmont, Massachusetts at the following locations:

The Law Offices of Keren Goldenberg

97 Central St. #403

Lowell, MA 01852


The Law Offices of Keren Goldenberg

19A Alexander Ave.

Belmont, MA 02478