Drug Possession

Being caught with drugs can be a frightening experience. Particularly if this is your first contact with the criminal justice system, you are likely under a considerable amount of stress—and rightfully so. When caught in possession of a controlled substance, you are looking at the possibility of prison time. I may be able to help.

Usually, drug cases are built on physical evidence–the cops find drugs on your or in your car during a search. By analyzing the constitutionality of the search that led to the drugs, we may find that evidence isn’t admissible at all; this can lead to your charges being reduced or dropped completely.

The police must act within certain guidelines when making an arrest or completing a search. Even once the drugs are found, they must be handled in a specific way to maintain the integrity of the evidence. Any misstep on their part could drastically hurt the case against you.

As your attorney I would look at all the evidence to ensure it wasn’t seized illegally and that the proper procedures were followed during the investigation and arrest stages. I may be able to challenge the stop that led to the search or the search itself. I will do what it takes to ensure you get the best results possible.

Massachusetts Drug Possession Penalties

The potential penalties you face depend on the drug that was found and the amount. Controlled substances are classified as Class A-F in Massachusetts with Class A drugs being the most dangerous and the most harshly prosecuted.

Though marijuana possession has been decriminalized for small amounts, larger amounts and distribution still have serious criminal penalties.

Possession of a Class A substance

Class A substances include things like heroin, GHB, and morphine. These drugs are seen as having a high risk of dependency and are punished the most severely.

1^st Offense: You will face up to 2 years in jail

2^nd Offense: You will face 2 ½ years to 5 years in prison.

Possession of a Class B drug

Class B substances are still very addictive and include cocaine, ecstasy, methamphetamine, oxycontin, and LSD.

1^st Offense: Up to 1 year in jail

2^nd Offense: Up to 2 years in jail

Possession of Class C-E substances

Typically, if you are caught in possession of one of these lesser drugs, you will be able to serve probation or a continuance without finding (CWOF). However, there are many variables that can change this depending on the drug and the potency of it.

Because many drugs within these lower classifications are prescription drugs, you can face additional charges if you are caught using the prescription of another person or using fraudulently obtained scripts.

Ref: MGL § C. 94C

With any drug possession charge, you will likely lose your driver’s license for a period of one year. however, you may qualify for a hardship license. Call me for details.

When facing charges as serious as these, you need a defense attorney on your side willing to fight for your rights. Contact my offices for a free consultation and some valuable legal advice.