Boston Drug Possession Lawyer

Experienced Representation for Drug Possession Charges in Massachusetts

When facing drug possession charges in Massachusetts, having a dependable legal team is crucial to safeguard your rights and represent your best interests. At Degiacomo & Mikhlin, P.C., our dedicated Boston drug possession attorneys provide experienced legal representation in the complex field of drug possession cases.

Call Degiacomo & Mikhlin, P.C. today at (617) 941-3666 or contact us online to schedule a free consultation with our drug possession attorney in Boston.

What is Drug Possession?

Drug possession is a criminal charge involving the illegal ownership of substances like narcotics, controlled substances, or prescription drugs without a valid prescription. Massachusetts law categorizes substances into classes, with penalties differing based on class. Possessing even a minimal amount of an illegal substance can lead to substantial legal consequences.

"Possession" is a key legal concept that can be complex. It can be:

• Actual Possession: The substance was found directly on your person (e.g., in your hand, pocket, or a container within your immediate physical control).
• Constructive Possession: The substance was not on your person but was in a place over which you had knowledge, dominion, and control (e.g., your car, home, or locker, even if you share the space). This is a common point of contention for a drug possession attorney in Boston, especially in cases where drugs are found in shared environments or in places where multiple people have access.
• Joint Possession: More than one person had actual or constructive possession. In such cases, proving your individual knowledge and control can be challenging for the prosecution, making it a critical area for a Boston drug possession lawyer to challenge.

Charges can arise in various contexts, such as drugs found on a person, in a vehicle, or at home. The severity of charges depends on the drug type and case circumstances. Aggravating factors like prior convictions, drug paraphernalia, or distribution intent can elevate the charges, necessitating a more complex criminal defense strategy.

What are the Consequences of Drug Possession in Massachusetts?

Convictions for drug possession in Massachusetts can have life-altering consequences. It's critical to be aware of potential penalties:

• Misdemeanor (House of Correction): Ranging from up to 9 months to 2.5 years in a house of correction (county jail), and fines from $250 to $2,000, depending on the drug class and prior offenses.
• Felonies (State Prison): Ranging from 2.5 years up to 5 years in state prison (for second offense Class A), or up to 10 years for other felony drug offenses. Fines up to $5,000 or more.
• Mandatory Minimum Sentences: Some specific drug possession offenses (e.g., second offense heroin possession) carry mandatory minimum prison sentences, severely limiting a judge's discretion.
• Probation/Conditional Discharge: Possible for many offenses, with strict conditions, including community service, counseling, and regular drug testing.
• Driver's License Suspension: Convictions can lead to a driver's license suspension, complicating daily commuting and errands.
• Substance Abuse Treatment: Courts may require participation in drug rehabilitation programs as part of sentencing.
• Criminal Record: A conviction can result in a permanent criminal record, affecting employment prospects, housing, and access to loans or scholarships.

The impact of a conviction extends beyond legal penalties, affecting personal relationships, community standing, and future opportunities. Given these stakes, securing skilled legal support is essential to navigate such challenges successfully.

What are Potential Defenses Against Drug Possession Charges?

Confronting drug charges can be intimidating, but defenses exist to refute allegations against you. Our seasoned Boston drug possession attorneys at Degiacomo & Mikhlin, P.C. can explore tailored defense strategies for your situation:

• Illegal Search and Seizure: Evidence may be inadmissible if law enforcement conducted an unlawful search.
• Lack of Possession: We can argue no actual possession or control over the drugs.
• Prescription or Medical Necessity: We can present a defense if there's a valid prescription or legitimate medical need.
• Chain of Custody Issues: We scrutinize the chain of custody of seized drugs to ensure proper handling.
• Miranda Rights Violation: If Miranda rights were not read, statements may be suppressed.
• Entrapment: Coercion or pressure from law enforcement can be argued as entrapment.

We employ a comprehensive approach to defense, examining procedural errors and charge legitimacy to ensure a robust defense from all angles.

What is the Criminal Defense Process for Drug Possession Charges in Massachusetts?

The Massachusetts criminal defense process for drug possession charges is a multi-stage legal journey where early intervention by a drug possession lawyer in Boston is often key to a more favorable outcome.

• Phase 1: Initial Police Contact & Investigation: Begins with police contact (e.g., traffic stop, search warrant); crucially, immediately invoke your right to remain silent and request an attorney before speaking to law enforcement.
• Phase 2: Arrest & Formal Charges: If probable cause is found, you are arrested and booked; a bail hearing determines release conditions. For minor charges without immediate arrest, a Clerk-Magistrate Hearing is a key pre-arraignment opportunity to prevent formal charges. Charges are then formally filed via a Complaint (District Court) or Indictment (Superior Court), leading to arraignment where you plead "not guilty" to preserve rights.