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Written By: Matthew W. Peterson
Published: 11/12/2019
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The penalties for drug possession in Massachusetts depend on a variety of factors, such as your record and the charges. Simple possession of a controlled substance in Massachusetts is a serious offense that requires an experienced Boston drug possession defense attorney. The penalties depend on your record and the drug you’re accused of possessing. Remember that possession with intent to distribute is a different offense with different penalties.
The penalty for drug possession in Massachusetts depends on your previous convictions. For a first offense, possession of a controlled substance generally carries possible jail time of a year and a fine of $1,000. A second offense is still a misdemeanor and carries up to two years in jail and a fine of up to $2,000.
However, possession of heroin has more severe penalties. For a first offense, it’s a misdemeanor punishable by up to two years in jail and a fine of $2,000. For a second offense, possession of heroin can mean from 2 1/2 to 5 years in prison or up to 2 1/2 years in the House of Corrections.
Drug cases are often also resolved with a continuance without a finding (CWOF), which means that if you complete probation, the case will be dismissed.
The defense of drug possession of a controlled substance charge can be complex and requires an experienced drug defense attorney. Often, drug possession defense involves a motion to suppress, a motion that alleges the police searched you illegally. After a hearing, if the judge agrees to suppress the evidence, this often means the case will be dismissed.
Additionally, the district attorney may also agree to reduce your charges if you participate in a drug treatment program.
If you’re charged with possession of a controlled substance in Massachusetts, the penalties depend on a variety of factors. It’s critical to hire a Boston Drug Trafficking Defense Attorney to represent you.
While our office is headquartered in Boston, I represent people charged with drug possession in all Massachusetts courts. Contact the Law Office of Matthew Peterson today at (617) 295-7500 and let’s get started on your defense.
Controlled substances in Massachusetts are categorized into schedules based on their potential for abuse and medical use. Common examples include marijuana, cocaine, heroin, methamphetamine, and prescription medications like oxycodone and Xanax. Each category has specific legal implications regarding possession and distribution.
Yes, you can be charged with drug possession even if the drugs were not explicitly yours. If you are found in a location where illegal substances are present, you may be presumed to possess them, especially if they are within your immediate control or if there is evidence suggesting your involvement.
Possession refers to having controlled substances for personal use, while possession with intent to distribute indicates that the individual intends to sell or distribute the drugs. The latter carries significantly harsher penalties and is often treated as a felony.
Yes, Massachusetts offers diversion programs for first-time offenders charged with drug possession. These programs typically involve completing a drug treatment program in exchange for the dismissal of charges upon successful completion. Eligibility may vary based on the specifics of the case.
A drug possession charge can remain on your criminal record indefinitely unless you take steps to have it expunged or sealed. In Massachusetts, certain conditions must be met for sealing or expunging records, which typically involves waiting a specific period after the completion of your sentence or probation.
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