Even though possession of less than 1 ounce of marijuana in Massachusetts is now a civil, non-criminal charge, you can still be charged with possession with intent to distribute and manufacturing, as well as a school zone offense.
That means for Possession of Marijuana (under 1 ounce of marijuana), you could be facing up to a mandatory 2 years in jail, or considerably more if you are sentenced consecutively to more than one charge. Of course, for quantities greater than 1 ounce, you can be charged with possession, as well.
Perhaps you are struggling with an addiction to marijuana, were numbing some excruciating back pain or self-medicating for some psychological distress — or simply holding marijuana for a friend. Maybe you are a young student experimenting with smoking pot and got caught. Or, maybe you were passing a joint around and were charged with distribution. Or, someone left a bag with more than an ounce, or worse yet several smaller bags, in your car, and you were charged with possession or possession with intent to distribute.
At any rate, no matter what the quantity, and what the reason, if you are charged with possession, possession with intent to distribute or distribution of marijuana, do not underestimate the seriousness of the charge. You could go to jail, be placed on a lengthy probation, randomly tested, lose your license, lose your job or housing or student loan, and even be deported if you are not a U.S. citizen.
However, keep in mind, even though you have been charged, you have not yet been convicted. This means you still have time to hire a Massachusetts criminal lawyer and begin the process of trying to ensure the best outcome possible, even keeping the charge off your record.
How Can we Defend you Against a Possession of Marijuana Charge?
To get a conviction, the Commonwealth of Massachusetts must prove beyond a reasonable doubt that you did, in fact, have a perceptible amount of marijuana in your possession and that you knew you had it.
If you have also been charged with distribution, the prosecutor must prove that you gave it or sold it to someone else, or if you have been charged with possession with intent to distribute, the prosecutor must prove beyond a reasonable doubt that you intended to distribute it.
As experienced Massachusetts criminal attorneys, The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof have a winning track record defending hundreds of clients who have been charged with violations of Massachusetts’ marijuana laws, from Possession of a Controlled Substance, to Possession with Intent to Distribute Drugs or Distribution of Drugs.
Following these charges, and with a strong focus on the specific circumstances of each case, many of my clients have been able to walk away without a single mark on their record.
Each case has its own set of circumstances, but all defense strategies have much in common.
- First, we must sit down and discuss the circumstances that led to your arrest, review the police reports, grand jury minutes, search warrant applications and returns, videos, statements of witnesses, and whatever other evidence may be available.
- Based on this preliminary review, we will develop a winning strategy, including motions for discovery, motions to suppress evidence based on an illegal search and seizure or unlawful stop, suppression of statements, and motions to dismiss, including McCarthy motions and lack of probable cause. Recent legal developments have made it illegal to search you, your house or your car based on the smell of marijuana.
- Also, any statements you made in custody might be suppressed based on a violation of your Miranda rights.
- We may hire an investigator to interview any witnesses and identify flaws or other inconsistencies in their stories in preparation for cross-examination.
- Above all, we must begin to prepare for trial from Day 1. That preparation is probably the single most important step in eventually eliminating the need for trial.
One thing is for sure, we will never stop until every stone is unturned, always working tirelessly on your behalf to get your case dismissed or minimize any consequences.
Each case special and unique, but they all require legal expertise and a customized approach. So begin today by picking up the phone and calling The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at (781) 619-3147 for a FREE LEGAL CONSULTATION. There is NO OBLIGATION, and we are available 24/7.