Drug Crimes

Drug Crimes/Possession of Controlled SubstancesFormer Suffolk County Prosecutor Has Winning Record For Defending Massachusetts Drug Crimes

Attorney Kathleen M. McCarthy brings her experience as both a prosecutor and a defense attorney to the courtroom when defending clients facing drug charges. She has prevailed for clients facing convictions or jail sentences for drug crimes including possession of a controlled substance, possession with intent to distribute a controlled substance and distribution of a controlled substance. She has also secured dismissals for school zone cases which require a mandatory minimum sentence upon conviction. She attains these results by employing her knowledge and trial skills.

Concord District Court

Often appearing in Concord District Court, Attorney McCarthy has argued the unconstitutionality of stops, exit orders, seizures and searches and had cases dismissed. Clients walk out of the courthouse without any convictions. There are many defendants charged with drug crimes in Concord District Court. In the event a person is not arrested on the scene but has been found in possession of a drug or the police believe that an individual is selling the controlled substance, the authorities may request a clerk’s hearing. If this happens, a summons issues to a defendant for his or her appearance at the Concord District Court located at 305 Walden, Street in Concord, MA.

Attorney McCarthy specializes in criminal law throughout Massachusetts and litigates drug cases in local courthouses including Ayer District Court, Somerville District and Cambridge District Court. If you are looking to beat your case, call Attorney McCarthy at 978-975-8060 or contact her online and she will get to work on your case right away.

Selecting A Qualified Drug Crimes Attorney

It is critical that an attorney defending you or a loved one has experience, availability, knowledge of the recent changes in the law, and the ability to achieve great results. If you are looking for these qualities, contact Attorney McCarthy. Attorney McCarthy not only has experience in the courtroom trial setting, but she also has successfully argued cases in the Massachusetts appellate courts for clients that were unjustly convicted. She is available twenty-four hours a day, seven days a week. If she is not in the office at the time a call comes in, she returns it promptly. There is always someone answering her phone and forwarding her messages, to which she responds any time of day or night.

Pre-Trial And Trial Strategies For Drug Crimes

The federal and Massachusetts constitutions protect a citizen’s right to privacy. If you have been charged with a drug crime or any crime based on the search of a car, home, apartment or your person, you need an experienced Massachusetts defense attorney on your side. Filing a motion to suppress based on an illegal stop, exit order and search is the first line of attack for these types of cases.

Possession Of Marijuana

Massachusetts recently passed The Regulation and Taxation of Marijuana Act, which provides that persons 21 years of age or older may possess 1 ounce or less of marijuana outside of the home and up to 10 ounces of marijuana within one’s primary residence. It is still illegal to operate under the influence of marijuana, and “open containers” of marijuana cannot be kept in a motor vehicle. It is still illegal to sell recreational marijuana in any form without a retail license. Marijuana remains illegal under federal law.

Possession And Odor Of Marijuana And The Traffic Stop

The Massachusetts appellate courts have released a number of opinions that limit the ability of the police to proceed with a search of a car based on the odor of marijuana. A skillful Massachusetts drug trial attorney will explore and pursue all avenues for suppression of evidence seized pursuant to illegal searches, stops and seizures.

Possession Of Controlled Substance Cases

In order for the Commonwealth to prevail on an illegal possession of a class “A”, class “B”, class “C”, class “D”, class “E” case, it must establish that the person was in possession of the substance with the ability to control it. Thus, if you are a passenger in a car, a guest in a home, or in a hotel room when the substance was found but did not know it was there, you have a strong defense that you were not in possession of the substance and cannot be found guilty.

Recent Developments In School Zone Law

Recently, the Massachusetts legislature changed the time period and area which was required to charge a person with possession of a controlled substance in a school zone. Previously, a defendant convicted of intent to distribute or distribution of a controlled substance within one thousand feet of a school zone faced a mandatory minimum sentence of two years in prison. Now, Chapter 94 section 32 J states that anyone within three-hundred feet of a public or private school (including preschools, elementary schools, vocational schools and secondary schools) during the hours of 5:00 a.m. and midnight (whether or not the school is in session) faces a mandatory minimum sentence of two years in jail. Many Massachusetts criminal clerk’s offices still have the old complaints, and clients have been charged with the school zone offense even though they clearly were not in the zone during the proscribed times. Thus, an experienced Massachusetts defense lawyer will file a motion to dismiss this charge immediately then continue with pre-trial and trial strategy.

Drug Crimes

Drug crimes are taken quite seriously by prosecutors in Massachusetts. Massachusetts district attorney's offices have a zero tolerance policy where violation of the drug laws is concerned. If there is a suspicion that you have been involved with illegal drug activity, it is likely that you will be prosecuted.

Massachusetts General Laws Chapter 94C outlines the Massachusetts Drugs Crimes and penalties. The most commonly charged drug crime offenses are violations of the law involving class “A”, class “B”, class “C” and class “D” and “E.”.

If you have been charged with a drug crime including the illegal possession of any controlled substance it is important that an experienced lawyer is on your side. Although this type of offense may seem minor, there is a potential for a jail sentence and a conviction can result in license loss for a period of time. This collateral consequence of losing one’s license can usually be avoided with a skillful drug attorney fighting for you. Contact Attorney McCarthy at 978-975-8060 and she will respond to your inquiry in a timely manner and work for you to get the best result.

Case Results » Drug Crimes
  • Young Professional Avoids Conviction For Drug Offense

    A casual drive with a friend took a bad turn when the police pulled the defendant's car over and ordered the driver and passenger from the vehicle. The police alleged that they saw what they believed was a drug transaction between the passenger and another male. The police confiscated four Percocets from the car and charged both individuals with illegal possession of a Class "B" substance to wit Percocet. See, M.G.L. Chapter 94C section 34.

    The driver of the car retained our office and we went right to work. Attorney McCarthy contacted the District Attorney's office prior to the arraignment date and outlined the defendant's impressive educational and charitable background and his future good opportunities for employment. On the day of arraignment the ADA agreed to continue the case for a few months. Provided the defendant satisfied a few conditions the case will be dismissed.

    The client did NOT have to admit to sufficient facts and was NOT found guilty. He walked out of the courtroom relieved that his job would not be jeopardized.

    Read More in Drug Crimes

  • Possession of A Class "A" Substance [Heroin] Dismissed Prior To Arraignment

    The defendant faced one count of illegal possession of a Class "A" substance in violation of M.G.L. ch. 94 section 34. The charge stemmed from an incident that occurred out of the presence of the police. Attorney McCarthy filed a Motion to Dismiss the Charge Prior To The Defendant's Arraignment because the defendant was not afforded the opportunity to be "heard personally or by counsel in opposition to the issuance" of the complaint as required by M.G.L. ch. 218 section 35A. The judge agreed with McCarthy and the case against the defendant was dismissed prior to arraignment.  There was no entry made on the defendant's record.

    Read More in Drug Possession

  • Distribution of A Controlled Substance To Be Dismissed [M.G.L. ch. 32C]

    Allegedly as the result of several complaints of drug activity, the local police department set up a surveillance in a local neighborhood. The purportedly experienced drug control officers observed what was described as a "drug transaction" between the defendant and another individual.  The police stopped the "buyer" who identified the person that sold him the controlled substance [i.e., marijuana] and supplied corroborating text messages.

    The police approached the defendant who admitted to selling a bag of marijuana to the buyer.  The police then searched that the defendant's home and confiscated a digital scale, mason jars of marijuana, glassine baggies and a wallet containing cash.  The defendant was charged with distribution of a class D substance [M.G.L. ch. 32C].

    Attorney McCarthy presented the defendant's impressive academic and personal background to the judge.  Following a disparate recommendation by the parties, the judge imposed Attorney McCarthy's recommended sentence of a short continuance with the case to be dismissed provided the defendant does not get rearrested. The defendant walked out of the courtroom without a conviction.

    Read More in Continuance Without a Finding

Boston Criminal Defense Lawyer Blog - Drug Crimes