Boston Drug Possession Lawyer

Aggressive Defense for Drug Possession Charges in Massachusetts

Drug possession is a serious crime in Massachusetts. If you are convicted, you could face jail time, fines, and a criminal record that will follow you for the rest of your life. If you have been charged with drug possession, it is important to take the situation seriously and seek legal representation from an experienced criminal defense attorney.

At Gens & Stanton, our Boston drug possession lawyers have over 50 years of combined experience. We have successfully defended thousands of clients and have a proven track record of success. We understand the complexities of drug possession cases and can help you navigate the legal process from start to finish.

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Understanding Drug Possession Charges in Massachusetts

Under Massachusetts law, it is illegal to possess, distribute, or manufacture controlled substances. Controlled substances are drugs that are regulated by the government due to their potential for abuse and addiction. These drugs are classified into five different schedules, with Schedule I drugs being the most dangerous and Schedule V drugs being the least dangerous.

Commonly abused drugs that are classified as controlled substances include:

  • Cocaine
  • Heroin
  • Methamphetamine
  • Ecstasy
  • Prescription drugs
  • Marijuana

Drug possession charges are based on the type and amount of drugs found in your possession. If you are found with a small amount of drugs, you may be charged with simple possession. If you are found with a large amount of drugs, you may be charged with possession with intent to distribute. If you are found with drug paraphernalia, you may be charged with possession of drug paraphernalia.

Penalties for drug possession in Massachusetts include:

  • Up to 1 year in jail
  • Up to $1,000 in fines
  • Driver’s license suspension
  • Probation
  • Drug education programs
  • Community service

If you are convicted of drug possession, you will also have a criminal record. This can make it difficult to find employment, housing, and educational opportunities in the future. If you are a non-citizen, you could also face deportation.

Defenses Against Drug Possession Charges

If you’ve been charged with drug possession, several defenses may help reduce or dismiss your charges. Here are some common defenses:

  • Illegal Search and Seizure: The Fourth Amendment protects you from unreasonable searches. If law enforcement searched you or your property without a warrant or probable cause, any evidence they found may be inadmissible in court.
  • Lack of Knowledge: You may be able to argue that you didn’t know the drugs were in your possession. This defense is more common in cases where drugs were found in a vehicle or property you share with others.
  • Mistaken Identity: Sometimes, police may mistakenly identify you as the person possessing the drugs. If they can’t prove it was you, the charges could be dropped.
  • Lack of Intent to Distribute: If you’re facing charges for possession with intent to distribute, your defense might focus on proving that you didn’t intend to sell or distribute the drugs. Showing that you had drugs for personal use can be a powerful defense.

Differences Between Drug Possession and Drug Trafficking Charges

Drug possession and trafficking charges are treated differently in Massachusetts law. Here’s how they differ:

  • Drug Possession: This involves having illegal drugs for personal use. The penalties are generally less severe but can still result in jail time, fines, or probation.
  • Possession with Intent to Distribute (Drug Trafficking): This charge involves having drugs with the intention of selling or distributing them. Penalties are more severe and can include longer prison sentences and higher fines.

Factors that could lead to trafficking charges include:

  • Large quantities of drugs
  • Distribution tools (like scales or packaging materials)
  • Prior drug offenses

Impact of Prior Convictions on Drug Possession Cases

Your criminal history can significantly affect your drug possession case. If you have prior convictions, you may face harsher penalties due to recidivism (the tendency to reoffend).

  • Enhanced Penalties: Repeat offenders often receive more severe sentences. A previous drug conviction may lead to mandatory minimum sentences or longer jail time.
  • Criminal History Impact: Even a past conviction for a non-drug-related crime can affect the outcome of your case, making it crucial to have experienced legal counsel on your side.

How Our Boston Drug Possession Lawyers Can Help

If you have been charged with drug possession, it is important to seek legal representation from an experienced criminal defense attorney. At Gens & Stanton, we can help you understand your rights and options and build a strong defense strategy on your behalf. We will fight tirelessly to protect your rights and help you achieve the best possible outcome in your case.

Our Boston drug possession lawyers can help you by:

  • Conducting a thorough investigation into your case
  • Reviewing the evidence against you
  • Identifying any weaknesses in the prosecution’s case
  • Filing any necessary pre-trial motions
  • Negotiating with the prosecution to get your charges reduced or dismissed
  • Representing you in court, if necessary

Our team will be available to answer your questions and address your concerns every step of the way. We will provide you with the personalized legal solutions you need and the supportive guidance you deserve.

FAQ - Drug Possession Charges in Massachusetts

  • Can I get my drug possession charge dismissed?
    Yes, it is possible to have a drug possession charge dismissed, especially if there was a mistake or illegal action by law enforcement, such as an unlawful search or seizure. An experienced lawyer can help identify potential issues in your case that may lead to a dismissal.
  • What happens if I am caught with a small amount of drugs?
    If you are caught with a small amount of drugs, you may be charged with simple possession, which carries lesser penalties than possession with intent to distribute. However, the penalties can still include fines, probation, or jail time, depending on the drug and any prior convictions.
  • What is the difference between possession and distribution?
    Possession refers to having drugs for personal use, while distribution (or trafficking) involves having drugs with the intention of selling or sharing them. The penalties for distribution are generally much more severe than those for possession.
  • Can a drug possession charge affect my future job prospects?
    Yes, a drug possession conviction can create a criminal record that may make it difficult to find employment, especially in fields that require background checks. Certain professional licenses may also be at risk, and it can be challenging to gain security clearance for some jobs.
  • If I am found with drugs but don’t own them, can I still be charged?
    Yes, you can still be charged with possession even if the drugs don’t belong to you, especially if they are found in your possession, such as in your car or personal belongings. The prosecution must prove that you knowingly had control over the drugs.
  • Can I go to jail for possessing marijuana in Massachusetts?
    While marijuana is legal for adults 21 and over in Massachusetts, possession outside the legal limits can still result in penalties. Possessing more than one ounce in public or possession by minors can lead to fines or jail time.
  • What should I do if I’m arrested for drug possession?
    If you’re arrested for drug possession, stay calm and avoid talking to police without your lawyer present. Anything you say can be used against you. Contact an experienced criminal defense lawyer immediately to protect your rights.

Get Started on Your Defense Today

If you have been charged with drug possession, time is of the essence. The sooner you contact our team, the sooner we can get to work on your case. We will review the details of your arrest, investigate the circumstances surrounding your charges, and help you understand your legal options. Our team will fight tirelessly to protect your rights and help you achieve the best possible outcome in your case.

Facing Drug Possession Charges?
Don't face it alone—contact us at (617) 206-4675 today and let us fight for your rights.