
Defend Against a Possession of Marijuana Charge
Understanding Possession of Marijuana Laws in Massachusetts
While possessing less than one ounce of marijuana is a civil, non-criminal offense in Massachusetts, certain situations can still lead to criminal charges. For example, charges like possession of marijuana with intent to distribute, distribution, or possession in a school zone carry severe penalties, including mandatory jail time.
Even for small amounts, if law enforcement suspects intent to distribute or finds marijuana near a school, the consequences can escalate. Additionally, possessing more than one ounce of marijuana automatically falls under criminal statutes and can lead to significant penalties.
Common Scenarios Leading to Possession of Marijuana Charges
Despite marijuana’s legalization for recreational use, individuals can still face criminal charges under specific circumstances, such as:
- Possession with Intent to Distribute: Having marijuana in smaller bags or with other packaging materials that suggest intent to sell.
- School Zone Violations: Possessing marijuana within 300 feet of a school zone can enhance penalties.
- Misunderstandings: Holding marijuana for a friend, passing a joint, or unknowingly possessing more than an ounce could result in charges.
These charges can lead to life-altering consequences, including jail time, lengthy probation, loss of driving privileges, ineligibility for student loans, and even deportation for non-citizens.
Remember: A Charge Isn’t a Conviction
If you’re facing charges for possession of marijuana, it’s important to remember that being charged is not the same as being convicted. You still have an opportunity to fight the charges and avoid severe penalties. Hiring a skilled criminal defense attorney, like those at The Law Offices of Elliot Savitz & Scott Bradley, is a critical first step.
How We Defend Possession of Marijuana Cases
In Massachusetts, the prosecution must prove several key elements beyond a reasonable doubt to convict someone of possession of marijuana or related charges:
- That you knowingly possessed a perceptible amount of marijuana.
- If charged with intent to distribute, that you planned to sell or distribute the substance.
- For distribution charges, that marijuana was given or sold to someone else.
Our experienced attorneys take a comprehensive approach to build a strong defense, including:
Step 1: Reviewing the Case
We examine all evidence, such as:
- Police reports and body cam footage.
- Search warrants and evidence logs.
- Witness statements.
- Any audio or video recordings of the incident.
Step 2: Challenging Evidence
We focus on suppressing evidence obtained unlawfully. Recent Massachusetts rulings have made it illegal for police to search you, your vehicle, or your home based solely on the smell of marijuana. Statements made without proper Miranda warnings can also be excluded from court.
Step 3: Investigating Further
Our attorneys may employ private investigators to identify inconsistencies in witness accounts or flaws in the evidence.
Step 4: Trial Preparation
From the outset, we prepare as if your case will go to trial. This ensures a robust defense and often leads to better outcomes, such as dismissed charges, reduced penalties, or alternative resolutions that keep your record clean.
Why Choose The Law Offices of Elliot Savitz & Scott Bradley?
At The Law Offices of Elliot Savitz & Scott Bradley, we specialize in defending clients facing possession of marijuana charges and related offenses, including intent to distribute or school zone violations. Our team has successfully defended countless clients, helping them avoid jail time, probation, and criminal records by crafting strategies tailored to their specific situations.
With our firm, you’ll have relentless advocates who work tirelessly to protect your rights and secure the best possible outcome for your case.