Jail or prison time is almost always a possibility when you are convicted of possession of a controlled substance or illegal drug in Massachusetts. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state’s laws, and can range from a few days or weeks to 10 years or more in prison.
A felony possession charge, even a first offense, may get you serious criminal punishments. These may involve at least one year in prison and very high criminal fees. For example, a possession felony drug conviction may get you 2 years in prison and a criminal fine of many thousands of dollars.
A second offense for possession is usually always a felony in Massachusetts and carries potential penalties of up to 5 years in state prison and a $5,000 fine.
Also, it’s important to note that most states, including Massachusetts, have mandatory minimum penalties for drug-related crimes, including possession.
For example, some include:
- Simple possession of a controlled substance with 1 prior conviction – minimum 15 days and a maximum of 2 years in jail.
- Simple possession with 2 or more prior convictions – 90 days minimum and 3 years maximum.
- Drug distributor (or “Kingpin) – 20 years minimum to life maximum.
- Serious repeat offenders – 30 years minimum to life.
You need to know that even being a first-time drug possession offender can give you jail time, and you absolutely cannot count on the Boston courts being lenient! For you to receive the best outcome and defense against a drug possession charge, you must consult with an experienced Boston drug crimes lawyer, so you’re properly educated in all your available legal options. These cases are complex, and your lawyer can fight to protect your rights and help you to end up with the best outcome. There even are times when a well-prepared defense can result in possibly having your charges dismissed, reduced, or allowing you to be placed within a probation program
What Can Result in A Felony Drug Charge in Boston?
Felony charges for drug possession can be the result of possessing a particular illegal substance, or any illegal possession of a certain quantity of some specified drugs.
Possession of certain classes and types of drugs may almost always be classified as felonies and would exacerbate your penalties.
Some of these types of drugs include:
- GHB Gamma-hydroxybutyric acid.
- Some hallucinogenic substance.
- Oxycodone (Oxycontin)
- Hydrocodone (Vicodin)
If any of these drugs were involved in your Boston possession case, you must consult with a Boston drug crimes criminal defense lawyer immediately and get the advice you desperately need. The consequences imposed on you for illegally possessing these drugs can be life-changing for you, and your family.
What Is Considered a Serious (or major) Drug Offense in Boston?
Major drug felonies can be defined as drug-related crimes punishable by imprisonment for 10 years or more. Convictions for major drug crimes have life-altering effects on you, your family, and your future. They can permanently undermine your basic rights through punishments involving mandatory minimum sentences and up to life in prison.
Drug Trafficking is possibly the most serious of all Massachusetts drug crimes. In all trafficking cases and convictions in Massachusetts, there is usually a mandatory minimum state prison sentence that must be served before parole is even possible. Although each case and the circumstances differ, commonly any case involving more than 14 grams of specific drugs is considered trafficking. That may not seem like a large amount, but depending on the drug, it may alter your entire future.
Also, drug possession with intent to sell is a felony charge in Boston and all of Massachusetts. This essentially means that you can be processed and charged for selling a drug before making the actual sale. This charge can be a judgment call entirely based on the amount of the drug in your possession.
Possession of class A & B Substances can get you some of the worst penalties. These Include Heroin, GHB (“designer drugs,”), Morphine, and Ketamine (otherwise known as “Special K”). Class B Substances include Cocaine, Ecstasy, Amphetamines (“Speed”), LSD, PCP, Methamphetamines (“Meth”), and certain prescription drugs such as Oxycodone (Percocet & Percodan).
You do not want to be associated with the illegal possession of any class A or B substances. This can involve the most serious penalties the Boston courts hand down, and having an experienced, diligent, and thorough drug crimes lawyer who will fight to mitigate, reduce, or disprove these charges is mandatory!
How Can My Lawyer Help Me with A Drug Possession Charge in Boston?
If you are being charged with drug possession in Boston, you must understand all your legal options before you proceed.
There are multiple legal defenses that your lawyer can use when defending you against a drug crime in Massachusetts. One of the most common is to attack the Commonwealth’s evidence establishing the element of actual possession.
With any offense alleging possession of an illegal drug, like marijuana, cocaine, heroin, or medication without a valid prescription, the Commonwealth must first prove that you possessed the illegal substance.
Usually, a drug possession charge is defended based on the following defenses:
- Lack of possession – you were not the one in possession of the drug.
- Constitutional defenses to exclude and or suppress evidence that may not have been legally obtained.
- The inability of the Commonwealth to prove the exact chemical composition of the substance itself.
There are also defenses put in place by the U.S. Supreme court that make it more difficult for the state to prove its case. The Commonwealth will try to avoid the impact of these defenses by trying to have the arresting police officer testify that a substance is an illegal narcotic. The extent to which the police officer can testify as an expert as to the composition of a narcotic like marijuana, cocaine, or heroin can usually be attacked successfully by an experienced Boston criminal defense lawyer.
These are only some examples of how the expertise of your drug possession lawyer can be of help, and you certainly would be doing yourself harm by not taking advantage of all your lawyer has to offer.
I Have Been Charged With Drug Possession in Boston; How Should I Proceed?
First, If you have been charged with possession in Boston, you are now aware you may face life-impacting penalties and must retain an experienced, skilled, and empathetic drug crimes lawyer immediately! The Toland Law Firm, LLC, has helped a myriad of clients with their drug charges and has compiled a proven record of success and obtaining the best possible legal results. Consult with them first, and don’t leave this exceedingly serious matter up to chance.