Possession

If you have been arrested for Possession of an Illegal Substance, such as heroin, cocaine, oxycodone, oxycontin, ecstasy or any other controlled substance, you need an experienced Massachusetts Criminal Drug Defense Lawyer. Drug laws in Massachusetts are very strict and can lead to imprisonment and severe fines, even for first offenders. If you are convicted for possession of even a small amount of illegal substances for personal use, you may have your driver's license suspended for a full year or more.

Your first call should be to Kathleen McCarthy, a former prosecutor and successful Massachusetts Criminal Drug Defense Lawyer who has the street smarts and legal abilities to protect your rights and your future. Call Kathleen M. McCarthy right now at 978-975-8060 or contact us online to send an email. She knows that time is not on your side, and will respond quickly.

If you are a first time offender, you need an aggressive drug defense lawyer who will fight to get the charges reduced or dropped entirely. Kathleen McCarthy has successfully represented many individuals charged with Possession. She will investigate the arrest to make sure that your constitutional rights have not been violated and that the arrest process was done correctly. She will keep you informed of your case and its progress and make sure you understand what is taking place and what you need to do.

For second and subsequent offenses, Kathleen McCarthy is a skilled negotiator who uses her experience as a former prosecutor to represent clients in the most effective manner possible. She will work with the District Attorney's office to have charges reduced, take other factors into account for sentencing, and protect your rights. She will fight to minimize the charges, investigate to be sure that the arrest was done correctly, and argue every point possible. If your case needs to go to trial, Massachusetts Drug Defense Lawyer Kathleen McCarthy is the person you want on your side.

Frequently Asked Questions

I have been charged with possession of a controlled substance. Is the charge a felony or a misdemeanor?
Possession of a controlled substance is a misdemeanor. A misdemeanor is a charge in which the most serious sentence that can be imposed on a convicted defendant is jail or a house of correction commitment. A charge is a felony when there is a possibility that a defendant can be sentenced to state prison, even if he or she is not. The focus is the potential sentence that a defendant can receive, not what he or she actually received.

What does the Commonwealth have to prove to establish “possession”?
The Massachusetts Jury Instructions state that a person obviously has possession of an object when he or she has direct physical control. However, an individual may also have “constructive” as opposed to direct possession of an item. In this situation, the person must have knowledge of the item; the ability to exercise control over the item AND an intent to exercise control over an item. Thus, a person may be in “possession” of an item in his or her backpack that is in a locker, an item in a bureau or an item inside of a safe.

In situations in which a defendant is a passenger in a car and controlled substances are found in a console, glove compartment or trunk, an experienced trial attorney should argue that the passenger did not have actual or constructive possession of the item. Depending on the circumstances, a motion for a required finding of not guilty should be allowed for a defendant in this type of situation.

Is possession of marijuana “legalized” in Massachusetts?
Massachusetts recently passed The Regulation and Taxation of Marijuana Act. This act 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.

Kathleen McCarthy is a Massachusetts Criminal Drug Defense Lawyer who has the street smarts and legal abilities you need right now. Call Kathleen M. McCarthy today at 978-975-8060 or contact us online to send an email.

Case Results » Possession
  • Case Dismissed Against Client Charged With Illegal Possession Of Heroin

    A surveillance was set up in a local downtown area and the target was to arrest individuals that appeared to be involved in illegal drug sales and purchase—particularly the illegal possession of heroin. An unsuspecting passenger in a car was in the wrong place at the wrong time when a swarm of undercover police officers approached the driver of the car he was in and ordered everyone out of the car. Unfortunately, a search ultimately led to heroin being present in the glove compartment and console. The passenger was arrested and charged with illegal possession of heroin [M.G.L. ch. 94C Section 34].

    Our office went immediately to work and filed a motion to suppress the stop and the evidence and a motion to dismiss based on lack of probable cause. The case was ultimately dismissed.

    Read More in Drug Crimes

  • Case Of Illegal Possession Of Heroin And Illegal Possession Of Klonopin To Be Dismissed Despite Defendant's Criminal History

    The police claimed that they witnessed and undercover sale to a passenger in the car driven by the defendant. Based on their observations, the car was pulled over and the individuals were ordered out of the car. The driver was found to have heroin, klonopin and ripped plastic baggies on him. The driver was charged with illegal possession of heroin [M.G.L. ch. 94C Section 34] and illegal possession of klonopin [M.G.L. ch. 94C].

    Attorney McCarthy filed a motion to suppress the evidence. The defendant had previous incidents with the police. Based on the strength of McCarthy's motion the District Attorney's Office agreed to continue the case for a period of time to be dismissed provided the client did not get in any trouble and satisfied certain conditions.

    Read More in Drug Crimes

  • Clerk Does Not Issue Complaint For Illegal Possession Of A Class "A" Substance [Heroin] M.G.L. ch. 94 section 34

    A middle-aged defendant was summonsed to court for illegal possession of a Class "A" substance. During the hearing, our office advocated that the complaint not issue as the defendant had no criminal record and had addressed his addiction issue. The clerk did NOT issue the complaint. As long as the defendant does NOT get charged with another crime within a short period of time he will NOT have to face a judge. The client avoided any entry on his board of probation record.

    Read More in Clerk Magistrate Hearings