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:
- That the substance in question is a controlled substance.
- That the Defendant possessed some perceptible amount of the substance.
- 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 & Kenneth Diesenhof 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 & Kenneth Diesenhof have an excellent track record defending clients charged with Possession of a Controlled Substance. Call, (781) 619-3147 for a FREE LEGAL CONSULTATION. We will give you an honest opinion, explain your rights and tell you what we can do to help.