Drug Possession

Massachusetts Drug Crimes

In Massachusetts, there are generally two types of drug offenses.

  1. Drug offenses involving possession of an illegal drug, like marijuana, cocaine, heroin or any medical without a prescription like, Vicodin or Percocet.

  2. Drug offenses can involve possession with the intent to distribute.

  3. Defenses to Drug Crimes: Drug crimes generally have Constitutional defenses based on search and seizure law as in many cases the police will search a car or a house in order to find drugs. These searches raise potential Constitutional drug defenses under the 4th Amendment.

Any drug conviction can have serious consequences including:

  • jail time
  • restrictive terms of probation
  • loss of drivers license
  • monetary fines

Drug Possession

Possession Of Marijuana

If you are charged with a first offense of possession of marijuana, you could call Attorney DelSignore immediately. Attorney DelSignore has handled numerous charges of possession of marijuana and will ensure that any defense you have is aggressively pursued. Attorney DelSignore may be able to have the charge of possession of marijuana dismissed prior to any trial of the matter, saving you time in court and allowing you to point the incident behind you. While possession of marijuana under ounce has been decriminalized as a civil infraction as of January 2, 2009, it is still a misdemeanor if the amount is over an ounce. Even if you have been charged with a civil infraction, you should call Attorney DelSignore immediately to explain the consequences of the new marijuana law and to protect your rights.

Possession Of Cocaine, Heroin, Marijuana or Other Illegal Drug Without a Prescription

With any offense alleging possession of an illegal drug, like marijuana, cocaine or heroin or medication without a valid prescription, the Commonwealth must first prove that you possessed the illegal substance. Often, the illegal narcotics will not be on your person, but in a room that you occupy or a car that you are traveling in. Under these circumstances, the Commonwealth will attempt to prove that although the marijuana, cocaine or other drug was not directly on you, that you had construction possession of the unlawful substance and had the ability to exercise dominion and control over it. If you are charged with unlawful possession of marijuana, cocaine, heroin or any other unlawful substance, call Attorney DelSignore immediately so he can begin to prepare a defense to your drug possession case.

Constitutional Defenses To Massachusetts Drug Crimes

Drug offenses in the Commonwealth of Massachusetts were made more difficult to prove by the United States Supreme Court’s decision in Melendez–Diaz v. Massachusetts. In that case, the United States Supreme Court held that the Commonwealth of Massachusetts could not simply rely on an affidavit from a chemist stating that a substance is an illegal narcotic. Instead, the Commonwealth would have to call the chemist as a witness to testify regarding the laboratory analysis of the substance. The Commonwealth will attempt to avoid the impact of this decision in some cases by trying to have the police officer testify that a substance is an illegal narcotic. If you are charged with a drug offense, the recent Melendez–Diaz 6th Amendment confrontation clause case may provide a successful defense.

Contact (508) 455–4755 today to set up a free consultation with Massachusetts criminal defense lawyer Michael DelSignore!

Michael DelSignore offers criminal defense services to clients living throughout Massachusetts, including Attleboro, Stoughton, Quincy, Dedham, Wrentham, Fall River, Taunton, Boston, New Bedford, Brookline, Brighton, Avon, Canton, North Attleboro, Mansfield, and Seekonk.