Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Drug Possession

Simple-Drug-Possession-1

Simple Drug Possession

While Massachusetts does not punish simple possession of a controlled substance as severely as it does possession with intent to distribute or trafficking in controlled substances, being charged with a drug offense is no small matter. To protect you from the many ways a criminal conviction may harm your future employment prospects, retain an experienced and aggressive Cambridge, MA Drug Crimes Lawyer. Massachusetts G.L. c. 94C, §34 criminalizes the possession of certain drugs, classifying them by their perceived dangerousness:

  • Class A: Heroin, Morphine, Codeine
  • Class B: Cocaine, LSD, Opium, Oxycontin, Ecstasy, Amphetamines and Methamphetamines
  • Class C: Chlordiazepoxide, Clonazepam, Vicodin, Valium, Mescaline, Peyote
  • Class D: Barbital, Phenobarbital, Marijuana
  • Class E: Prescription drugs not listed in Class A, B, or C

What Constitutes Possession?

Under Massachusetts case law, “possession” implies an individual’s control and power, exclusive or joint, or, if the defendant is accused of “constructive possession,” knowledge coupled with the ability and intention to exercise dominion and control, over the illicit drug. Courts allow prosecutors to prove possession of a controlled substance with circumstantial evidence. If prosecutors do not possess evidence that the accused physically possessed the illegal drug, they must proceed on a theory of “constructive possession.” To prove constructive possession, ordinarily prosecutors must establish the accused’s presence near the drug, together with other circumstantial evidence. A defendant’s presence alone is not sufficient to prove that he knew the drugs were present or that he had any control over them. This may even be true where the police have removed the defendant (passenger) from a motor vehicle within which they discovered the drugs or contraband. If you have been charged with cocaine, heroin, oxycontin, or methamphetamine possession, contact Kevin J. Mahoney a Cambridge, MA Drug Possession Defense Lawyer at 617-492-0055 to arrange a free in-office consultation.

Punishments

Section 34 of the Controlled Substances Act discusses the unlawful possession of controlled substances. Heroin and marijuana in particular have specific punishments (MGL c.94C, §34). If found guilty of possession of a controlled substance, the punishments are as follows:

  • Possession (all classes of drugs unless otherwise specified)
    • First Offense: maximum 1 year imprisonment or fined $1,000 or both
    • Second Offense of possession, or first possession with a prior drug conviction: 2 years maximum in the house of correction or $2,000 maximum fine, or both
  • Heroin
    • First Offense: maximum 2 years in the house of correction or fine of a maximum of $2,000, or both
    • Second Offense: minimum 2 ½ years in the state prison with a maximum of 5 years, or by a fine of $5,000 maximum and imprisonment in a jail or house of correction for a maximum of 2 ½ years
  • Class E drugs, and possession of over 1 ounce of marijuana
    • First Offense: maximum of 6 months in the house of correction or fined $500, or both
    • Possession marijuana or Class E with no prior convictions for ANY drug offense (such as possession with intent to distribute, trafficking, etc.): the defendant will be placed on probation (unless the defendant does not consent to probation or unless the court files a written memorandum specifying why probation is not appropriate)

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

    text

  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

    text

  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

    text

  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

Practice Areas

  • Drug Offenses
  • Drug Crimes and Penalties
  • Simple Drug Possession
  • Motion to Suppress
  • Civil Forfeiture
  • Drug Trafficking
© 2019 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media