Massachusetts Criminal Defense Resource Page

Don't Let a Massachusetts Drug Possession Charge Ruin Your Life!

Massachusetts Drug Law - Drug Possession Charges & Penalties

Drug possession is a serious criminal charge. Even for a first offense, you are facing a suspended driver's license for a minimum of 1 year on any possession charge, even marijuana. And then there are fines, treatment programs, or risk of jail time.

But there are ways to beat these charges, or reduce the most serious consequences and protect your rights and your freedom. I can can help you determine your legal options, and suggest ways we can try to get the charges dismissed. Please call me for a consultation, whether or not you think you want to fight the case in court, or are prepared to plead guilty and want an experienced negotiator to work out the best possible deal.  

Attorney Elliot Savitz on Fighting a Drug Possession Case

How to Beat a Drug Possession Charge in MA 

The first step in defending a Drug possession charge is almost always a motion to suppress the evidence on grounds of unreasonable or illegal search and seizure. The Massachusetts state Constitution has very strong laws against violating your rights and personal freedom, which the police are often guilty of disregarding. 

I will also often file a motion to suppress any statements incriminating yourself that you may have made before the police read you your Miranda rights. If the police do not have a search warrant, they have to establish probable cause for the search. They must have what are called articulable facts to assume that you have drugs in your possession or on your person. This means that during a motion to suppress hearing, the police officer will have to take the stand and explain why they wanted to search you, and for what reason they suspected you of being in possession of a controlled substance.

An experienced criminal defense lawyer such as myself will aggressively challenge any information that the police officer tries to present as facts in a cross-examination. If the police officer doesn't have a legitimate reason for searching you, then the judge must dismiss the case.

If the judge allows the search to stand as valid, the district attorney still has to prove that the substance involved actually was an illegal controlled substance, and that they drugs belonged to you,  the defendant -  all beyond a reasonable doubt.

There are also other motions we can file depending on the circumstances of the case. A person accused of drug possession has rights and protections available under the 4th, 5th, 6th, and 14th amendments to the US Constitution, as well as similar rights under the constitution of the Commonwealth of Massachusetts.

The specifics will vary considerably depending on you case. Your best bet for honest answers about your situation is to call me for a free consultation. I'll look over the police report and give you my advice, in plain English, about what your options and your chances are.

Drug Possession Penalties in MA

Massachusetts Drug Possession Laws list the following maximum penalties:

Possession of a Class A substance (Heroin, Morphine, GHB, Special K) under Mass laws carries with it the following penalties:

• For a First (1st) offense, a maximum sentence of 2 years in jail. 
• For a Second (2nd) offense, up to 2 1/2 years in jail, or up to 5 years in state prison.

Possession of a Class B substance (Cocaine, LSD, Ecstasy, Oxycontin/oxycodone hydrochloride, Amphetamine, & Methamphetamine) under Massachusetts drug laws carries with it the following penalties:

• For a First (1st) offense, a maximum sentence of 1 year in jail. 
• For a Second (2nd) offense, up to 2 years in jail.

Possession of a Class D substance (marijuana / pot) under Massachusetts drug law has the following penalties:

• For a first offense you will typically get a CWOF (continuance without a finding) 6 months probation, and then a dismissal if there are no other violations. 
• Possession of Class D  / possession of marijuana drug penalties become increasingly serious for second and third offenses, which can include drug treatment programs (inpatient or outpatient), fines, or jail time.

A conviction for possession of Marijuana or any other drug offense carries a 1 year loss of drivers license. You can be subject to license loss or suspension for any possession charge, for as little as one marijuana joint or cigarette. It is possible to get a limited use hardship license in many of these cases, call me for details.

Possession of Prescription Drugs

Prescription drug possession charges are becoming much more common in Massachusetts. The penalties vary based on the complicated way that the state classifies the different substances according to chemical compound. Call me for a free consultation and case evaluation if you are facing a charge of possession of any of the following prescription drugs: Dilaudid, Duragesic, Hycodan, Tussionex, Klonopin, Methadone, MS Contin, Percodan, Percocet, Tylox, Ritalin, Adderall, Tylenol No. 4, Vicodin ES, Xanax, and more.

There are a number of very strong defenses for possession of an otherwise legal prescription drug. These cases can absolutely be beaten at trial, or dismissed.  Call me for details on how I can help defend your case.

Free Legal Consultation on Massachusetts Drug Laws

If you are charged with drug possession or selling drugs/intent to distribute, you need an experienced MA criminal attorney to work you and protect your rights, whether you intent to fight the charges at trial, or want to negotiate a deal with the DA. I am in courts all across Massachusetts every day defending clients accused of criminal charges. Contact me immediately at (781)326-2700. The sooner I get on a case, the more opportunities we'll have to try to get the case dismissed in the early stages.

By calling, you have nothing to lose. I'll be happy to talk with you and discuss your case before you decide if you want to hire me. Defending people accused of crimes is what I do for a living. Call to set up a free consultation now.

Sincerely,

Elliot Savitz, Attorney at Law

  Out of state drug possession charges? Refer to these sites for Connecticut drug possession and Rhode Island drug possession lawyers.

Massachusetts State Law -- excerpt

Massachusetts General Laws

Chapter 94C: Section 34: Unlawful possession of particular controlled substances, including heroin and marijuana

  Section 34. "... any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both, and for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years. "