Since the Massachusetts law changed in 2009, being caught in possession of Marijuana (less than 1 ounce) means you are only facing a civil fine of $100.
Another significant reform is that these charges will no longer appear on your CORI (Criminal Offender Record Information).
Does the fact that possession of a small amount of marijuana mean that you don’t need a Boston criminal attorney to keep your record clean?
Well, that depends. If you get charged with possession of over an ounce of marijuana, the charge and/or conviction will show up on your CORI. Having a marijuana charge on your CORI means you will be prevented from many future job opportunities, scholarships, and other consequences as a result of any background check that shows a criminal record.
Other consequences are that if you get charged with a marijuana offense, and this includes distribution, possession of marijuana with intent to distribute and school zone, as well as just straight possession, a criminal record could follow you for life. So, it is in your best interest to hire a Boston criminal attorney to make sure any consequences you face either go away altogether or are minimized so that they do not affect the rest of your life.
Defense Strategies: Possession of Marijuana or Other Controlled Substance
Many defenses exist for drug charges. For example, a charge like possession of marijuana with Intent to Distribute or Distribution of Drugs might mean that your Boston criminal attorney can file a motion to dismiss for lack of probable cause or to suppress evidence obtained through an illegal search and seizure. Failure of the police to read your Miranda rights may protect you from statements you made to the police in a custodial situation. Your Boston criminal attorney may also file a motion for Pre-Trial Diversion or negotiate with the District Attorney to reduce the charge to straight possession. He/she may even negotiate a Continuation without a Finding (CWOF), which means that you will not lose your driver’s license.
Since the case of Commonwealth v. Cruz, the police can no longer search your car because of the smell of marijuana. Neither can they 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. If you think the police have overstepped their mark, contact a Boston criminal attorney and ask for a consultation.
Hire a Boston Criminal Attorney!
No matter what drug statute you have been charged with in Massachusetts, the consequences are enough to ruin your life. You may be deported, put in jail, lose your driver’s license, be disqualified from a college scholarship and, of course, destroy your reputation.
You can’t afford to let that happen to you. So, hire the best The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof today to keep your life on track and protect your life and liberty.