Facing a drug charge? Take charge in the legal system

According to state and federal laws, willfully possessing drugs is a crime. These laws also make it illegal to possess any precursor chemicals that are used to cultivate and manufacture drugs, along with particular accessories associated with drug use.

Facing a drug charge can understandably be intimidating, as you may worry about how this may ruin your reputation now and your freedom tomorrow if convicted. However, you have the right to fight such a charge in Massachusetts.

Community property

A large number of drugs, or controlled substances, are illegal in Massachusetts, including the following:

  • Heroin
  • Marijuana
  • Club drugs
  • LSD
  • Cocaine
  • Methamphetamine

When it comes to proving that you possessed a certain drug, prosecutors must prove that you knew that the drug you allegedly had was indeed a controlled substance and that you knowingly possessed it, or had control over it.

The possession of a drug also includes constructive possession, which means you reportedly could access an illicit drug even though you may not have had it on you at the time of your arrest. For instance, maybe police claimed you had keys to a car carrying drugs.

Drug possession laws

Two major categories exist for drug possession: simple drug possession and possessing a drug with the intent of distributing it. If you face a conviction for having a drug and intending to distribute it, this usually carries stricter penalties compared with simply possessing such a drug, with the goal being to punish drug dealers. Prosecutors might present evidence ranging from baggies to digital scales, large cash amounts and large drug quantities, in an attempt to prove possession.

Your rights

You have the right to proceed to trial to fight your drug charge, where prosecutors must prove it beyond a reasonable doubt before you can face a conviction. As an alternative, you may seek to strike a plea deal with the prosecution, which may lead to a lighter charge for you and thus a more lenient sentence.

A qualified attorney will take a close look at the evidence that the prosecution plans to offer to support your drug charge. Depending on the circumstances surrounding your case, you may even be able to get your charge removed altogether. The attorney's goal is to ultimately help you to achieve the most personally beneficial outcome in your case.

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