If you are facing a drug possession charge, it’s important to understand your options.
The legal process can be very confusing, which is why it’s always best to navigate it with a Massachusetts criminal defense lawyer at your side.
By hiring an experienced attorney that specializes in criminal defense, you can take advantage of their expertise and years of experience to get the best possible result for your case.
Massachusetts Drug Crime Defenses
In Massachusetts, there are multiple defenses that could be employed to defend against a drug crime. Perhaps the most common defense is to go after the evidence establishing the element of possession.
Anytime someone is charged with possession of a banned drug or substance like marijuana, cocaine, heroin, meth, and more, the Commonwealth first needs to prove that the person did in fact possess the illegal substance.
Three common defenses against possession are:
- Showing that there was no possession or that possession wasn’t established
- Using legal defenses to either exclude or suppress evidence showing possession
- Showing that the Commonwealth has failed to prove the chemical composition of the allegedly illegal substance.
Melendez-Diaz v. Massachusetts
The United States Supreme Court’s decision in Melendez-Diaz v. Massachusetts made it harder to charge people with drug offenses in the state of Massachusetts.
In the case, the United States Supreme Court ruled that Massachusetts could not simply rely on a chemist’s affidavit claiming that a substance is an illegal narcotic. Rather, the Commonwealth would have to summon the chemist as a witness who could attest to the accuracy of the substance’s laboratory analysis.
In certain situations, the Commonwealth may try to lessen the impact of this ruling by asking a police officer to testify that a substance is an illegal narcotic. The credibility of a police officer’s testimony as an expert on the composition of narcotics like marijuana, cocaine or heroin can be challenged by an experienced Massachusetts Criminal Defense Lawyer.
Working With The Prosecutor To Resolve The Charge
If you have been charged with a drug-related crime, you may want to resolve the charge. If you don’t have much of a criminal background, the prosecutor may show compromise options including:
CWOF: CWOF is an admission that you committed a drug offense, but it doesn’t result in a conviction or loss of license. A CWOF is usually not the best option, but it may be right for your case.
Pretrial Probation: In certain circumstances, the district attorney may consent to a charge being dismissed on certain terms, such as showing that you are drug-free or going to therapy. A pretrial probation is where you agree to conditions set by the court in exchange for not admitting criminal activity. This results in your case being dismissed.
Guilty plea with probation: If you have a prior record, the best offer might be a guilty plea. If you are facing jail time, provisional probation may be your greatest option in certain instances.
Next Steps: Contact a MA Criminal Defense Lawyer
If you have questions about how to defend a drug charge or whether it’s best to take the case to trial or accept a plea agreement, call The Law Offices of Gerald J. Noonan. We’ll guide you through the process and put your mind at ease. Contact us today!