Possession of a Controlled Substance

Possession of a Controlled Substance

Possession of a Controlled Substance is the crime of unlawfully possessing a controlled substance, 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 the loss of your driver’s license.

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.
  3. That the Defendant did so knowingly or intentionally.

Defense Strategies for Possession of a Controlled Substance

Although less than an ounce of marijuana has been decriminalized, possession of an ounce or more, as well as any quantity of another illegal drug, or controlled medications without a valid prescription, is still a crime. Not only could you be incarcerated, but you may also be subject to immigration consequences, as well as loss of your driver’s license.

However, there are strict laws, as well as case law, protecting your constitutional rights. If you choose to retain The Law Offices of Elliot Savitz & Scott Bradley in your defense, we may file a motion to:

  • Dismiss for lack of probable cause.
  • Suppress the evidence against you because it was obtained through an illegal search and seizure.
  • Exclude any incriminating statements you made to the police in violation of your Miranda rights.

Also, since the case of Commonwealth v. Cruz, the police can no longer search your car because of the smell of marijuana.

  • Nor can the police question you without giving you your Miranda rights after you are taken into custody.
  • Even with a search warrant, the police may have violated your rights if they did not establish probable cause in the affidavit and application.

The attorneys at The Law Offices of Elliot Savitz & Scott Bradley have an excellent track record defending clients charged with Possession of a Controlled Substance. Call, (781) 974-3429 for a FREE LEGAL CONSULTATION. We will give you an honest opinion, explain your rights and tell you what we can do to help.


“I really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”
“We were absolutely astonished and very grateful for how Elliot handled our son’s case and would highly recommend him to anyone who is in need of legal council!”
“Dear Elliot, Just a short note filled with heartfelt thanks for your help and support in my defense during my court appearance. I can’t begin to express how grateful I am knowing this foolish incident and its aftermath is finally over. Thank again, so very much.”
“Dear Mr Savitz, Thank you so much for all your hard work, as well as your persistence on my case. I really appreciate your sensitivity in dealing with me on this matter. I feel good about the outcome of my case and am grateful to you for resolving it quickly.”
“I cannot begin to tell you how much I’ve appreciated your most sincere guidance & support. This has been one of the most difficult years we’ve been through with our son. We could not have hoped for a more positive outcome.”
“Thank you for representing me in court. Everything worked out for the better. I have been attending all my AA meetings, consulting at Catholic Charities and meeting with my probation officer. I haven’t had a drink since the day I went to court and everything is great at home.”
“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”
“Dear Elliot, People are not immune to the ‘fortune’ in their life. The bright side is that someone is out there to save them. You are the person saving my fate. You represent ‘integrity and justice.’ You are the best lawyer on earth.”
“I wanted to thank you again. I’m at the end of my probation period. I could not have done it without you. You were such a great support. I just want to let you know I appreciated everything you did.”




Call (781) 974-3429 & Take the 1st Step to Developing a Winning Strategy.

Drug Possession

If you are facing criminal charges, call The Law Offices of Elliot Savitz & Scott Bradley, at (781) 974-3429.

We are available 24/7 and can assess your criminal charges over the phone to quickly determine your best course of action. Then, our law office will represent you in court as we fight together against your charges.

ATTORNEY CLIENT PRIVILEGE protects your conversation, so you can be open and honest with Attorneys Savitz Bradley whatever the charge or charges. We are genuinely committed to protecting your rights and will always act in your best interest.