Case Results » Conspiracy

  • Attorney McCarthy Successfully Prevents Charge Of Conspiracy To Violate The Drug Laws From Issuing Against Client Following A Clerk's Hearing

    According to the police report, undercover police officers were conducting a drug “interdiction” in the parking lot of a local mall. The police observed the defendant approach a parked car and eventually place something into his left pocket and start to walk away. The police officers approached the defendant and questioned him. Ultimately, the officers retrieved two bags of “marijuana” from the defendant. The amount of marijuana was less than ounce.

    Realizing that the defendant could not be charged with a crime because possession of less than one ounce of marijuana has been decriminalized in Massachusetts, the police summonsed him to appear for a clerk's hearing in which they alleged he committed the crime of conspiracy to violate the drug laws. After hearing the facts and arguments of counsel, the clerk declined to issue the complaint and the charge was dismissed. The defendant did not fact any criminal charges.