Charged With Possession of a Controlled Substance in Massachusetts?
A drug possession charge can carry serious criminal and personal consequences. The potential penalties depend on the substance involved, the specific charge, your prior record, and whether prosecutors allege simple possession, possession with intent to distribute, or another drug offense.
Depending on the circumstances, a drug case may also have consequences involving employment, professional licensing, or immigration status.
Massachusetts treats marijuana differently from many other controlled substances. For adults age 21 or older, possession of up to two ounces outside the home is generally lawful, while different rules apply to larger amounts, possession by people under 21, public consumption, and unlawful distribution. Other controlled substances generally remain subject to Massachusetts drug-possession laws unless possession is otherwise legally authorized.
Your Constitutional Rights Matter
Drug cases often depend on how police obtained the evidence. The smell of marijuana alone does not automatically establish probable cause to search a vehicle. Whether a vehicle, person, residence, or container may lawfully be searched depends on the circumstances and the legal justification relied upon by police.
If police subject you to custodial interrogation, Miranda protections may apply. Whether a statement can be excluded depends on issues such as whether you were in custody, whether police were interrogating you, whether proper warnings were given, and whether any waiver of your rights was valid.
Even when police obtain a search warrant, the warrant must be supported by legally sufficient probable cause. A defense attorney can review the warrant, affidavit, traffic stop, search, and seizure to determine whether the evidence was lawfully obtained.
If you choose to retain The Law Offices of Elliot Savitz & Scott Bradley, 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.
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Remember, guilty or not guilty, the burden is on the state to prove you are guilty beyond a reasonable doubt. Contact The Law Offices of Elliot Savitz & Scott Bradley at, (781) 974-3429 and let us bring our professional knowledge of the law to your side.
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