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.
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.
- Distributing Counterfeit Substances
- Drug Distribution in Massachusetts
- Drug Violation Near a School Zone
- Inducing Minors to Distribute or Sell Drugs
- Knowingly Being Present Where Heroin is Kept
- Possession of Drug Paraphernalia with Intent to Sell
- Possession with Intent