Drug Crime Lawyer in Boston

Defending Against Drug Crime Charges in Massachusetts

In the state of Massachusetts, drug charges are classified into classes depending on the drug in your possession at the time of your arrest. Boston drug crime charges and the penalties served will also be determined by the amount of the drug found in your possession. Depending on the amount found, your charge can be increased from simple marijuana possession to possession with intent to sell, which is a significantly harsher sentencing.

Massachusetts takes drug crimes seriously, with strict laws aimed at curbing the distribution and abuse of illegal substances. Our role extends beyond legal representation; we strive to educate and support our clients through every step of the legal process. We understand the nuances of drug-related laws and work diligently to find flaws or weaknesses in the prosecution's case, increasing the chances of a favorable outcome.

Are you facing drug possession or drug trafficking charges? Allow our experienced attorneys at Gens & Stanton, P.C. to help you address them swiftly and decisively. ""Our team of Boston drug crime attorneys has experience in a variety of drug-related cases. When it comes to your future, be sure to have our legal team by your side.

Massachusetts Drug Possession Laws & Penalties

In Boston, illegal substances are organized by class, and possessing these banned substances will result in a possession charge. According to MGL c. 94c s. 31, an individual can be charged with possessing a controlled substance if they have a classified illegal substance. The substance must be in the individual's control, such as in their hands, pockets, or otherwise.

This applies to most controlled substances; however, when it comes to heroin, an individual can be charged with possession if they are in the presence of the drug. The classification of the substance heavily impacts the penalties associated with possession.

It’s crucial to grasp the severity of these penalties and how they not only affect your freedom but also your prospects. Our legal team assists in unraveling these complexities and works towards minimizing your exposure to such penalties by exploring various legal avenues and defenses.

Class A Drugs include morphine, GHB, heroin, and fentanyl.

• Punishable by up to 2 years in jail and a $2,000 fine.

Class B drugs include cocaine, LSD, OxyContin, ecstasy, methamphetamine, and PCP.

• Punishable by up to 1 year in jail and a $1,000 fine.

Class C drugs include Vicodin, valium, and Clonazepam

• Punishable by up to 1 year in jail and a $1,000 fine.

Class D & E drugs include marijuana and small amounts of medication containing codeine.

• Punishable by up to 6 months in jail, a $500 fine, and a 1-year license suspension.

Understanding the Consequences of Drug Possession

Being charged with drug possession in Massachusetts can have serious consequences. It is important to understand the potential penalties and legal implications of such charges. At Gens & Stanton P.C., our experienced Boston drug crime lawyers can provide you with the guidance and representation you need to navigate through the legal process.

Penalties for drug possession in Massachusetts can vary depending on factors such as the type and quantity of drugs involved, prior convictions, and intent to distribute.

Some of the potential consequences may include:

• Probation
• Fines
• Driver's license suspension
• Mandatory drug education programs
• Community service
• Loss of employment opportunities
• Difficulty obtaining housing or student loans

It is important to remember that being charged with drug possession does not automatically mean you are guilty. Various legal defenses can be used to challenge the charges against you. Our skilled attorneys will thoroughly review your case, gather evidence, and develop a strong defense strategy tailored to your specific situation.

Often, for defendants, these charges feel overwhelming. However, Massachusetts also has diversion programs that are alternatives to traditional sentencing, particularly for first-time offenders or those struggling with addiction. Our team is adept at identifying eligibility for such programs, which can often result in reduced charges or mitigated sentencing.

If you or a loved one is facing drug possession charges in Boston, contact Gens & Stanton P.C. today to schedule a consultation with one of our experienced drug crime lawyers. We are committed to protecting your rights and fighting for the best possible outcome in your case.

Is Marijuana Legal in Massachusetts?

Marijuana is legal in Massachusetts. In 2016, Massachusetts legalized the recreational use of marijuana, allowing adults over the age of 21 to possess up to one ounce of marijuana outside of their home and up to 10 ounces within the home. 
The law also allowed homeowners to grow up to six marijuana plants in their residence, with the ability to gift one ounce of marijuana to another individual. If you are found to have more than the authorized amount, you can be charged with drug possession and trafficking.

It’s important to note that while recreational use is legal, there are still restrictions governing consumption and sale, particularly where public safety is concerned. Understanding these nuances is vital to ensuring compliance with state laws. At Gens & Stanton, P.C., we offer insights on how the legalization impacts other drug charges and what that means for your defense.

Common Legal Defenses for Drug Crimes in MA

One of the most important steps you must take if you are facing drug charges is hiring a criminal defense lawyer who has experience handling drug crimes. Your drug crime attorney can evaluate your case and determine the best available legal defense for your charges.

The most common legal defenses in drug crimes include:

• Unlawful search and seizure: Evidence obtained through an unlawful search and seizure may be suppressed and cannot be used in a criminal trial. For instance, if the police searched a person's property without a warrant or probable cause, any evidence found during the search may not be admissible in court.
• Entrapment: This defense is used when the defendant is induced or coerced by law enforcement officials to commit a crime that they would not have committed otherwise. For instance, if an undercover officer pressured someone into buying drugs, it may be considered entrapment.
• Lack of knowledge or intent: If the defendant can demonstrate that they did not know the substance was illegal or did not intend to commit a crime, they may be able to avoid conviction. For instance, if a person unknowingly ingested a substance that contained drugs, they could argue that they did not have the intent to commit a crime.
• Medical necessity: This defense is used in cases where a person is accused of possessing or using drugs for medical purposes. For instance, if a person has a medical condition that can only be treated with an illegal substance, they may be able to argue that their use was medically necessary.
• Insufficient evidence: If the prosecution cannot prove the elements of the crime beyond a reasonable doubt, the defendant may be acquitted. For instance, if the prosecution cannot prove that the substance in question is a controlled substance or that the defendant had possession of the substance, they may not have sufficient evidence to secure a conviction.
• Violation of rights: If the defendant’s constitutional rights were violated during the investigation or arrest, they may be able to use this as a defense. For instance, if the police coerced a confession or used excessive force during an arrest, any evidence obtained as a result of the violation may be suppressed.

Navigating these legal defenses requires a deep understanding of both statutory and case law. Our attorneys are committed to rigorous investigation and evidence analysis to identify the strongest defense strategies available. By tailoring our approach to the specifics of each case, we aim to secure the most favorable outcome possible.

Why Choose Gens & Stanton P.C. for Your Drug Crime Defense?

When facing drug crime charges, the stakes are incredibly high. Choosing the right legal representation can make all the difference in the outcome of your case. At Gens & Stanton P.C., our dedicated team of experienced attorneys understands the complexities of drug laws in Massachusetts and is committed to providing personalized and strategic defense for each client.

Here are some reasons to trust us with your defense:

• Proven Track Record: We have successfully defended numerous clients against drug charges, achieving favorable outcomes and minimizing penalties.
• In-Depth Knowledge: Our attorneys stay updated on the latest changes in drug laws and legal precedents, ensuring that we utilize the most effective strategies for your case.
• Compassionate Support: We understand that facing drug charges can be a stressful and overwhelming experience. Our team provides empathetic support and clear communication throughout the legal process.
• Tailored Defense Strategies: Every case is unique. We take the time to understand your specific situation and develop a customized defense strategy that aligns with your goals.
• Free Consultations: We offer free initial consultations to discuss your case and provide you with a clear understanding of your legal options without any financial obligation.

Don't leave your future to chance. Choosing the right lawyer is crucial, and with Gens & Stanton, P.C., you're not just getting legal defense; you're gaining a partner committed to your best interests. Our focus is on achieving the best possible outcome while minimizing stress and disruption to your life.

The Legal Process for Drug Crimes in Boston

Understanding the legal process for drug crimes in Boston can demystify what lies ahead and help in preparation. After an arrest, defendants are typically arraigned in a local court, such as the Boston Municipal Court. It's during this arraignment that charges are formally read, and pleas are entered. The decisions made at this stage can affect the course of the legal process significantly.

Further court appearances include pre-trial hearings, where motions may be filed to suppress evidence or dismiss charges altogether. These procedures are crucial, as they often determine the strength of the prosecution's case and whether it will proceed to trial. At Gens & Stanton, P.C., we meticulously plan for each procedural phase, leveraging our deep understanding of the Boston court system to advocate vigorously for our clients.

Boston Drug Court Program

The Boston Drug Court Program offers an alternative path for non-violent drug offenders, emphasizing treatment and rehabilitation over incarceration. Participants in this program are allowed to complete substance abuse treatment and other supportive measures, which, upon successful completion, can lead to reduced sentencing or dismissal of charges.

Eligibility for the Drug Court Program requires a comprehensive assessment, and suitable candidates must commit to regular court appearances, drug testing, and ongoing treatment. Our team at Gens & Stanton, P.C. helps clients navigate the application process, ensuring they meet all the criteria and advising them on the best course of action. The program has been shown to effectively reduce recidivism and support individuals in achieving long-term recovery, aligning with our commitment to not only provide strong legal defense but also foster positive life changes for our clients.

Frequently Asked Questions

What Should I Do If Arrested for a Drug Crime in Boston?

If arrested for a drug crime in Boston, it's vital to remain calm and remember your rights. You have the right to remain silent and should refrain from providing any statements until you've consulted with a lawyer. Request to speak with an attorney as soon as possible. At the point of your arrest, immediate actions include identifying the charges and noting any violations of your rights or procedural errors made by law enforcement.

Contacting a qualified attorney from Gens & Stanton, P.C. immediately after arrest can significantly impact the direction of your case. Our attorneys provide prompt support and begin crafting a defense strategy that aligns with your case specifics, aiming to address these challenges from the outset.

How Can I Beat a Drug Possession Charge in Massachusetts?

Beating a drug possession charge in Massachusetts involves a strategic defense approach tailored to the specifics of your case. Common defenses include challenging the evidence chain of custody, suppressing illegally obtained evidence, and proving a lack of possession or knowledge of the drugs. Demonstrating procedural errors by law enforcement or leveraging Massachusetts’ diversion programs can also be effective.

At Gens & Stanton, P.C., we thoroughly investigate the circumstances surrounding your arrest, identify all possible defenses, and apply our extensive knowledge of Massachusetts’ drug laws to challenge the prosecution's case, seeking the best possible outcome for our clients.

What Is the Role of a Drug Crime Lawyer?

A drug crime lawyer plays a crucial role in navigating the complex legal landscape surrounding drug charges. Their responsibilities include advising clients of their rights, crafting a robust legal defense, negotiating plea deals, and representing clients in court. A seasoned drug crime lawyer understands the intricacies of the legal system and how local courts operate, which can greatly impact the case strategy.

At Gens & Stanton, P.C., our attorneys take a client-centered approach, ensuring personalized strategies that consider the unique aspects of each case. Our focus on detailed case preparation and client support builds a solid defense aimed at achieving favorable outcomes.