A Boston Criminal Lawyer Can Help You Beat a Possession of Marijuana

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Have you been caught with more than an ounce of marijuana or possession of another Controlled Substance?  Did you realize it is a crime to unlawfully possess more than an ounce of marijuana or any quantity of another type of controlled substance, knowingly or intentionally.  Whether you realized it or not, you need to contact a Boston criminal lawyer as quickly as possible to protect your life, liberty and reputation.

What Must the Prosecution Prove?

 

  1. Guilty of Possession of marijuana or another Controlled Substance

In order to prove that the Defendant is guilty of Possession of a Controlled Substance, the prosecutor must prove 3 things beyond a reasonable doubt:

  1. That the substance in question is a controlled substance,
  2. That the Defendant possessed some perceptible amount of the substance, and
  3. That the Defendant did so knowingly or intentionally.

The maximum penalty is 1 year in a county house of correction (HOC) or 5 years in state prison.  In addition, there is a loss of driver’s license.

  1. Guilty of Possession with Intent to Distribute Drugs or Distribution of Drugs

In order to prove that the Defendant is guilty of the crime of knowingly or intentionally distributing or possessing with intent to distribute a controlled substance, the prosecutor must prove 3 things beyond a reasonable doubt:

  1. That the substance in question is a controlled substance,
  2. That the Defendant possessed some perceptible amount of that substance with the intent to distribute it to another person or distributed some perceptible amount of that substance to another person, and
  3. That the Defendant did so knowingly or intentionally.

The maximum penalty is 2 years in a county house of correction and/or a fine of $500 or 10 years in a state prison and/or a fine of $10,000.  In addition, there is a loss of driver’s license.

  1. Guilty of School Zone Drug Violation

In order to prove that the Defendant is guilty of the crime of distributing or possessing with intent to distribute drugs within 1,000 feet of a public or private school or within 100 feet of a public park or playground, the prosecutor must prove 2 things beyond a reasonable doubt.

  1. That the Defendant is guilty of either the crime of distributing a controlled substance or the crime of possessing with intent to distribute a controlled substance. (See A and B above.)
  2. That the distribution or possession with intent took place within 1,000 feet of a public or private school or within 100 feet of a public park or playground.

Therefore, the Defendant can only be convicted of a School Zone if he/she is convicted of distribution or possession with intent to distribute.  In other words, there can be no conviction on a School Zone if the other charge is mere possession.

The penalty for a School Zone is a mandatory 2 years in a county house of correction (HOC) from and after the sentence for the underlying conviction of distribution or possession with intent to distribute drugs.  In addition, there is a loss of driver’s license.

How to Defend Against these Charges

Obviously, penalties like possession of marijuana are very severe.  Not only might you end up in jail, but you may also be deported if you are not a citizen of the United States.  Also, besides your reputation in the community, your job may be in jeopardy or you won’t be able to take your kids to school if you cannot drive.

So the first thing you need to do is hire a Boston criminal lawyer.  He/she will have the experience to guide you through the court system, to file the appropriate motions to suppress and/or dismiss and prepare for trial, if necessary.

You cannot afford to suffer the consequences of a conviction in Massachusetts on drug charges like possession of marijuana.  So, find yourself the best Boston criminal lawyer you can today to develop a winning defence strategy.

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