Massachusetts Drug Possession Defense Lawyer

First offense drug possession charges in Massachusetts are all misdemeanors no matter which drug an individual is accused of possessing.  However, despite the fact that these charges are misdemeanors, there are still dangerous consequences associated with being charged with drug possession in Massachusetts.  Convictions on drug offenses can mean a damaging criminal record, and a lengthy loss of your driver’s license.  If you are charged with drug possession in Massachusetts, it is critical to retain an experienced Massachusetts drug possession defense lawyer to protect your rights and your criminal record.

In Massachusetts, possession of heroin carries the most serious maximum penalty of all the first time possession charges.  If someone is convicted of possession of heroin they can be sentenced to two years in the house of corrections and fined up to $2,000 by the court.  Upon a conviction of possession of heroin, the Registry of Motor Vehicles will suspend your license for at least one year.  If after being convicted of possession of heroin, a person is charged for a second time with possessing heroin, the case can be prosecuted as a subsequent offense, which is a felony.  A felony subsequent possession of heroin charge can be indicted and prosecuted in Superior Court, with a maximum sentence of five years in state prison.

Most other controlled substances still carry serious consequences.  Other drugs including, but not limited to, cocaine, oxycontin, mushrooms, LSD, and methamphetamine carry a maximum penalty of one year in the house of correction and fine of up to $1,000 for a first offense.  As with heroin, a conviction on these offenses will also result in a suspension of your driver’s license for at least one year.

Possession of Marijuana is the one offense that has seen a drastic change to how it is treated in Massachusetts.  Prior to 2009, possession of marijuana even in a small amount, could result in a jail sentence and loss of driver's license.   In 2008, voters overwhelmingly approved Proposition Two which decriminalized possession of marijuana under an ounce.  Now, in Massachusetts, possession of marijuana under an ounce is only punishable by a $100 civil fine.  No court appearance is required and no criminal record can be created by the citation.  Despite this advancement in the law, possession of marijuana over an ounce remains a criminal offense.   A conviction for possession of marijuana over an ounce can still result in a jail sentence and will result in a suspension of a driver's license for at least one year.

If you or a loved one have been charged with possession of any drug contact Attorney Cappetta today for a free initial consultation.  Many drug cases can be fought and won without ever going to trial.  If police have found drugs as the result of an illegal search, the drug evidence may be suppressed by a judge and result in the case being dismissed.  As a Massachusetts drug possession defense lawyer Attorney Cappetta has the experience to give you the aggressive representation necessary to protect your record and your future.  Contact him today at (508) 762-4540 or by using the form on this website.