In Massachusetts, a conviction for any drug charge, even "simple" possession, will have far-reaching collateral consequences. For example, any drug related conviction will prevent you from obtaining many professional licenses, including a Massachusetts liquor license to own a bar or deltasone and controlled substance and class. In Massachusetts, under MGL c.
The potential penalties vary depending on the specific class of drug you are charged with possessing. If the arresting officer has enough experience, education, and qualifications with respect to drug recognition training, his observations and opinion may be enough to prove the classification of the drug. The prosecution may take their case a step further by admitting certification of the drug after testing by the state police drug lab. However, this lab is notorious for its undue delays, and if the prosecution is unable to obtain a certification within a reasonable amount of time, the court may prohibit them for offering it into evidence.
In order to prove possession, the prosecution can either prove actual possession the substance was in your hand, in your pocket, etc.
Constructive possession means that you had the means to control, and in fact had the intent to exhibit control of the substance. An example would be that the substance was in the trunk of your car, or under a couch seat cushion where you were sitting. For either type of possession, deltasone and controlled substance and class, however, the prosecution must prove that you had knowledge the substance was there.
Of course, a reasonable jury can conclude that you knew what was in your own jacket pocket, but if there is any reason to believe otherwisewe will certainly make that point at trial.
It is a separate crime to knowingly be present where heroin is kept. Possession of a class B substance in Massachusetts cocaine, crack, LSD, oxycodone, oxycontin, ecstacy, hydrochloride, deltasone and controlled substance and class, amphetamine, methamphetamine carries the following potential penalties: Possession of more than one ounce of marijuana class Dor possession of a class E substance in Massachusetts carries the following potential penalties: Further, if you successfully complete probation for this offense, your record will automatically be sealed except from law enforcement.
If you have been charged with drug possession in Massachusetts, contact our office for your free initial phone consultation:. Contact Us Free Consultation We serve the following localities: Justia Law Firm Website Design.