Possession of Drugs
Violent and property crimes have been on the decline in Boston for years, but drug possession remains a concern. Drug possession charges in Massachusetts should be taken very seriously. If convicted of drug possession charges, particularly after a first offense, you may face several significant penalties in addition to the possibility of imprisonment, including fines, mandatory substance abuse programs, and social stigma.
A Boston criminal defense attorney with experience defending against drug charges understands police procedures for obtaining evidence. Only evidence obtained constitutionally may be used against you at trial. Sometimes police find drugs on you or in your car in an illegal search, for example, and a skilled attorney can potentially suppress this evidence. Similarly, police must read you your Miranda rights if they arrest you and intend to question you in order to make use of any admissions you make.Penalties for Drug Possession
The potential penalties you face depend on the type of drug that was found and the amount. In Massachusetts, drugs are categorized in Classes A-F. Class A drugs are prosecuted most harshly because it is believed they are the most dangerous and most likely to cause severe dependency. The category includes heroin, GHB and morphine.Penalties for Possession of Class A Drugs
For a first offense involving a Class A substance, you may face up to 2 years in jail, in addition to fines or treatment programs that the court may require, but subsequent offenses are punished more severely. For example, anyone who possesses heroin can be sentenced to jail for 2 years for a first offense and/or be fined up to $2,000. For a second offense you can be sentenced to jail for up to 2 ½ years. Massachusetts prosecutors can also indict second and subsequent heroin possession cases to a Superior Court. When that is done, the law states that upon a conviction you must be sentenced to at least 2 ½ years in state prison and you can be sentenced to as many as 5 years. A $5,000 fine can be imposed for a conviction of a second or subsequent offense.Penalties for Possession of Drugs Considered Less Dangerous
Possession of substances in the other categories is often punished less harshly. For example, anyone who possesses marijuana, a Class D substance in Massachusetts, can be sentenced for up to 6 months in jail and be fined up to $500. Second and subsequent convictions for possession of marijuana can result in a 2 year jail sentence and a fine of up to $2,000. However, if this is your first criminal marijuana possession case and you have no other drug related convictions, the case will be continued without a finding. That requires you to successfully complete probation, after which your case will be dismissed. The maximum period of time that the case will be continued for will be 6 months.Special Circumstances Leading to Further Penalties
The above categories notwithstanding, for multiple offenses and where certain circumstances are in play, there may be additional consequences. For instance, Massachusetts has a mandatory minimum jail sentence for those who are arrested or charged with possessing a controlled substance within 1000 feet of a public or private school or within 100 feet of a park or playground. It does not matter if you had no intent to distribute. Prosecutors take this crime very seriously.Drug Possession With Intent to Distribute
Drug possession for personal use outside a school or park zone is usually not as harshly punished as drug possession for distribution. The latter is a very serious felony charge. But, unfortunately, drug possession with intent to sell is also charged in ways that can be unpredictable. In some states, having more than a specific amount of illegal drugs will lead to a possession with intent to distribute charge. But in Massachusetts, a person can be charged with this crime even under murky circumstances such as owning a scale or having more than one marijuana plant.
A first offense of possession with intent to distribute can lead to a 2 ½ year sentence in a House of Correction or County Jail, or an even longer sentence in state prison, depending on the class of drug involved. State prisons are much harsher environments than a House of Corrections. Multiple repeat offenses may trigger more severe penalties such as mandatory minimum sentences or long sentences in state prison. Mandatory minimum sentences are those in which a judge must sentence a defendant to a minimum term of imprisonment as set forth in a statute, after a jury conviction.
If you are caught possessing drugs of any kind, contact experienced Boston criminal defense lawyer Stephen Neyman for help fighting the charges. He knows how to develop the best possible defense strategy, negotiate with prosecutors, and protect your rights. Contact us at (617) 263-6800 or via our online form.
Wrentham District Court: Charges of Knowing Being Present Where Heroin in Kept, Possession of Class C and Possession of Class B Dismissed
On March 30, 2017 a Norfolk County Drug Task Force along with a SWAT team executed a search warrant at a local residence. The warrant targeted the defendant and four others, all of whom were residents of the target location. The search warrant was issued after an investigation that lasted several months and involved two confidential informants. Among this items seized were Class A drugs, Class B drugs and Class C drugs. The defendant was charged with violating G.L. c. 94C Section 35, being present where heroin is kept, G.L. c. 94C Section 34E, possession of class C and G.L. c. 94C Section 34C possession of class B. Attorney Neyman was hired and filed a motion to dismiss all counts. Today, all charges were dismissed.
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Lowell District Court: Possession of Class C Drug Charges Dismissed
In January of 2016 the defendant was stopped for a motor vehicle violation. While accessing his license and registration officers observed a few plastic bags in plain view containing pills. The suspect was asked what substances were in the baggies. He rattled off over a half dozen names of pills for which he did not have a prescription. All of the pills were classified as class C substances under Massachusetts law. The man was charged with violating G.L. c. 94 Section 32, unlawful possession of drugs. Our office was hired to defend the accused. Today, Attorney Neyman was able to get all charged dismissed.
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Haverhill District Court: Heroin Possession Case Results in General Continuance and Dismissal
The defendant lives out of state. In December of 2015 he was observed by a civilian purchasing heroin and shooting up in his car in a fast food store parking lot in Haverhill, Massachusetts. The person making the observation called the police, alerting them to the direction the defendant was headed in his car after ingesting the drugs. Officers caught up to the car and made contact with the defendant. They asked him to exit the vehicle. He consented to a search of the car. Officers located drugs in the car and on the defendant's person. He was arrested and charged with possession of heroin in a G.L. c. 94C Section 34 violation. He hired Attorney Stephen Neyman to represent him. Today, during a hearing on a motion to suppress the stop and search the prosecution, realizing the problems with its case agreed to a general continuance of the charges. The case will be dismissed in 90 days.
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