Drug Possession Charge Attorney / Boston Massachusetts Drug Possession Arrest Lawyer

Boston Drug Possession Attorney

Massachusetts Drug Arrest Defense Lawyer

The most common drug possession offense in Massachusetts is possession of marijuana for personal use. A possession of marijuana charge involves serious consequences which could include jail, a criminal record, and even a loss of your right to operate a motor vehicle. Don’t make the mistake and underestimate this charge. Consult with Attorney Steven J. Topazio to see how he can help.

Marijuana Possession– Less than 1 ounce

As of January 2, 2009, Massachusetts decriminalized (but did not legalize) possession of one ounce or less of marihuana by making the violation a $100 civil penalty.

Don't be fooled by the change in the law. You may still be arrested for possession of less than an ounce of marijuana if the police believe you possess that marijuana with intent to sell it. The police look for other factors when bringing this elevated charge such as the presence of baggies, scales, cell phones, and how the marijuana is pachaged itself; that might suggest that the possession is for resale rather than personal use.

Protect Your Right to Drive

A conviction of any drug crime, including simple possession of marijuana, results in a loss of a Massachusetts Drivers License. The length of loss of license depends on the class of drug involved and the seriousness of the crime. A qualified Boston Drug Possession Defense Attorney will know what can be done to avoid a license loss. If you need the assistance of an attorney experienced in defending his clients' Fourth Amendment rights, contact Attorney Steven J. Topazio for a free case evaluation.

Possession Defense

An Illegal Motor Vehicle Stop or Search: Not everything a police does is constitutional. Police sometimes act on no more than a hunch and without legal justification. Attorney Topazio knows that illegal police behavior cannot be the basis for the discovery of drugs, and if successfully challenged, those drugs will be suppressed by the Court. If the stop and search are Unconstitutional, then any drugs found illegally will be suppressed and not available for use by the Commonwealth at your trial. Without evidence your case will get dismissed.

Recent Changes in the Law: Prior to the passage of the law decriminalizing the possession of one ounce of marijuana or less, police could search your motor vehicle it they detected an odor of burnt marijuana coming from the motor vehicle. Following the passage of MGL c. 94C § 32L, the court reversed itself and no longer allows the odor of burnt marijuana by itself, to be the sole basis for a police officer to legally search your motor vehicle for drugs. Comm. v. Cruz, 459 Mass. 459 (2011). Attorney Topazio challenges searches when the police allege they smell marijuana.

An Invalid Search Warrant: When drugs are discovered pursuant to a search warrant, Attorney Topazio knows that often times the warrant is based on evidentiary defects. If the Warrant is defective, the Court will rule the search Unconstitutional and suppress any drugs or drug related evidence found during the search.

Comprehensive Investigation and Case-Building

Possession drug charges can have serious consequences which include jail time, probation, a criminal record, and even a loss of driving privileges. Attorney Topazio is prepared to investigate every aspect of your case in order to identify the right strategy and to build an aggressive defense. Attorney Topazio looks for constitutional reasons to attack the government’s case and will fight hard to prevent the Commonwealth from turning a possession charge into a more serious possession with intent to distribute charge. Boston Criminal Defense Attorney Topazio will use his skill and experience to resolve your case through substance abuse treatment to avoid a conviction or by utilizing Drug Court intervention to avoid a jail sentence. Contact Boston Criminal Defense Attorney Steven J. Topazio online to see what he can do for you.

Recent Case Decisions

May 03, 2012
Dorchester Division of BMC
Docket # 1207CR0566

Search and Seizure
MV Lights Violation, M.G.L. c. 90 § 7
Possession Class D Drug, M.G.L. c. 94C § 34

The Client, a 31 year old self employed medications courier for nursing homes, was arrested on drug charges, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent him. According to the police report, the Client was stopped in his motor vehicle after a State Police Trooper alleged the Client’s rear motor vehicle plate light was broken. When the Trooper approached the vehicle, the Trooper claimed he detected a strong odor or raw un-burnt Marijuana. According to the report, the Trooper asked the Client if there was any Marijuana in the vehicle and how much. The Trooper reported that the Client stated that he had “an ounce,” then produced 3 small plastic bags containing 1.37 ounces of Marijuana. An ounce or less of marijuana is a non-arrestable civil violation. An ounce of marijuana or more is a criminal offense. Attorney Topazio attacked the Trooper’s rendition of the facts as not being credible. Attorney Topazio alleged the Trooper threatened his Client and forced the Client to produce the Marijuana that was secreted in the motor vehicle. Attorney Topazio argued that due to the recent changes in the law which decriminalized an ounce of marijuana or less, the police can no longer search a motor vehicle based on an odor of marijuana alone. Today, Attorney Topazio persuaded the District Attorney to dismiss the charges against his Client on the payment of court costs.

Result: Case Dismissed.

April 18, 2012
BMC West Roxbury District Court

Clerk Magistrate Hearing
Application for Criminal Complaint
Distribution of Class D (marijuana) M.G.L. c. 94C § 32C
Possession With Intent to Distribute Class D M.G.L. c. 94C § 30C
Conspiracy to violate the Drug Laws M.G.L. c. 94C § 40

The client, a 31 year old administrative assistant with no prior criminal history, immediately hired Attorney Topazio to represent her after she was stopped by police and searched after purchasing marijuana. Although not arrested, the Client received an application for criminal complaint to appear in court to answer on the charges. Attorney Topazio obtained the police report and learned that members of the Drug Control Unit stopped the Client after observing her engaged in what they believed to be a drug transaction. According to the police report, a $50.00 bag of marijuana was recovered from the Client who admitted to purchasing the marijuana and was released by police. After the Client was released, she called the alleged seller’s cell phone which was answered by police. The police, using a ruse, answered the alleged seller’s cell phone and reported that the Client stated that she was just stopped by the police and that they recovered only one of two bags of marijuana from her. The police still under the ruse, arranged to meet the Client for a second time, where it was reported that the Client was not in possession of the second bag of marijuana as she admitted to distributing it to a third person. Today, Attorney Topazio convinced the clerk magistrate and the police not to issue a criminal complaint against his Client at this time but rather to hold the matter open for one year and if his Client gets into no further trouble to dismiss all charges at the conclusion of the year. Dismissing the application for complaint prior to issuance of the formal criminal complaint also prevents an entry from appearing on his client’s clean criminal record or (CORI).

Result: Complaint not issued and will be dismissed in one year provided client stays out of trouble.

February 27, 2012
Wrentham District Court
Docket # 1157 CR 1297

Drug Possession
Possession Class B (Cocaine) M.G.L. c. 94C § 34

The client, a 20 year old high school graduate, was arrested after being seen by neighbors snorting cocaine while parked in his automobile, hired Boston Criminal Defense Attorney Topazio to defend him. When the police responded to the neighbor’s call to investigate the alleged crime, they allegedly witnessed Client driving home in a different area of town without issue. Despite this fact, the police effectuated a motor vehicle stop with the intent of searching the client, and found cocaine in the client’s motor vehicle. After months of investigation, Attorney Topazio filed a motion to suppress the narcotics that were seized from Client's car. Attorney Topazio argued that that the stop of his client’s car was unlawful and that there was no probable cause to search his client’s motor vehicle as well. Despite Attorney Topazio’s argument that a search made pursuant to the automobile exception must be based on probable cause to believe that a crime has been committed and that evidence relevant to that crime may be found in the automobile, the court denied the motion to suppress and the case proceeded to trial. Today at trial, Attorney Topazio was successful in getting the case against his client dismissed.

Result: Cocaine Possession Charge Dismissed at trial.

January 09, 2012

East Boston Division of the Boston Municipal Court
Docket # 1005CR1113

Possession Class B substance M.G.L. c. 94C § 34

The client, a 27 year old High School graduate, was arrested for possession of a class B substance, suboxone, who had defaulted several times during the course of his case, retained Attorney Topazio. Attorney Topazio realized that his client had suffered several substance abuse relapses in his fight against addiction and felt that it would be better to help his new client learn the skills to fight his addiction rather than risking that he be held in custody following a trial if he were committed. Attorney Topazio provided the names and addresses of both outpatient and inpatient substance programs to his client and helped him enroll in a substance abuse program prior to appearing in court. Today, Attorney Topazio convinced the District Attorney and the Court to place his client on a six (6) month period of pre-trial probation provided he remain drug free. Pre-trial probation is an agreement between the District Attorney and the defendant/client that occurs before a trial, plea or admission to sufficient facts; that results in a general continuance with an agreement that the case end in a dismissal. While pre-trial probation requires that the defendant be placed on either supervised or administrative probation monitored by the probation department, a successful completion results in a dismissal. A violation of pre-trial probation however does not cause the defendant/client to be surrendered and face potential jail time, which would happen if on regular probation, but rather only causes the case to be placed back on the trial docket.

Result: Case to be dismissed following term of pre-trial probation.

June 13, 2011
Chelsea District Court
1114CR0439

Possession of Marijuana over one ounce, Subsequent Offense M.G.L. c. 94C § 34

The defendant was arrested after being found in possession of 1 ½ ounces of marijuana. As of January 2, 2009, Massachusetts decriminalized (but did not legalize) possession of one ounce or less of marihuana or tetrahydrocannabinol (THC). THC is the major active ingredient both of marihuana (a Class D substance) and hashish (a Class C substance). G.L. c. 94C, §§ 31, 32L & 34. New G.L. c. 94C, §§ 32L–32N together provide for a $100 civil penalty for possession of one ounce or less of marihuana or THC, using the existing citation procedures found in G.L. c. 40, § 21D. Despite this change in the law, and despite Attorney Topazio’s client possessing 1 ½ ounces of marijuana, Attorney Topazio convinced a court to reduce the charges against his client and continued the case without a finding “CWOF” for one (1) month to an amended complaint of a first offense. A CWOF on a drug offense avoids the collateral consequence of a license suspension by the Registry of Motor Vehicles that a guilty finding would cause.

Result: Subsequent offense dismissed upon plea to amended complaint and case continued without a finding for one month avoiding license suspension.

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Steven J. Topazio - Attorney At Law

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Drug Possession Charge Attorney / Boston Massachusetts Drug Possession Arrest Lawyer