Geraghty Law, LLC provides aggressive representation to individuals facing drug possession charges in Massachusetts. Our Worcester County drug possession lawyer has the skills to protect your rights and knows how to navigate the criminal justice system. Trust our team to stand by your side when your freedom and future are on the line. Contact us today to set up a consultation. 

What is Drug Possession?

Drug possession in Massachusetts is the unlawful act of having controlled substances or illegal drugs in your possession, whether for personal use, distribution, or any other purpose. The severity of drug possession charges can vary based on factors such as:

  • The type and quantity of drugs involved
  • Your prior criminal record
  • Your intent with the drugs

Common drugs involved in possession cases include marijuana, cocaine, heroin, methamphetamine, prescription medications, and various other controlled substances. The state classifies drugs into different schedules, with Schedule I drugs deemed the most dangerous and Schedule V drugs the least.

What Are the Penalties for Drug Possession in Massachusetts?

The penalties for drug possession can be severe, including:

  • Fines vary depending on the type and quantity of drugs involved. For example, possessing a small amount of marijuana may result in a lesser fine than possessing larger quantities of more dangerous drugs.
  • Jail time depends on the severity of the offense. Possession of smaller quantities of drugs may result in a shorter jail sentence, while larger quantities or prior convictions can lead to longer imprisonment.
  • Probation imposed by the court, ordering you to adhere to specific conditions, such as drug testing, counseling, or community service, as an alternative to jail time.
  • Driver’s license suspension, making commuting to work or carrying out daily activities challenging.

Ultimately, a drug possession conviction can result in a permanent criminal record, which can have lasting repercussions, including difficulties in finding employment, housing, and educational opportunities. This makes having the powerful representation Geraghty Law provides essential. 

Defenses Against Drug Possession Charges

Our experienced drug crimes lawyer will work to understand the circumstances surrounding your arrest and choose the best line of defense. Depending on the facts, potential defenses include:

  • Lack of knowledge or intent–You were not aware of drugs or did not possess them intending to use or distribute them.
  • Prescription–You had a valid prescription for the drugs in question.
  • Illegal search and seizure–Law enforcement violated your Fourth Amendment rights by conducting an unlawful search or seizure (any evidence obtained may be inadmissible in court).
  • Chain of custody issues–The prosecution must establish a clear chain of custody for the evidence. Any gaps or mishandling of evidence can weaken the case against you.
  • Miranda rights violation–Law enforcement failed to read your Miranda rights during an arrest
  • Entrapment–Police induced or coerced you into committing a crime you would not have otherwise committed.

Above all, our objective is to achieve an acquittal. However, we will carefully weigh the evidence against you and advise you of your best options.

Can You Avoid Jail Time With a Drug Possession Charge?

Avoiding jail time after being charged with drug possession is possible, depending on the case’s specifics, the type of drug involved, and the individual’s criminal history. First-time offenders, particularly those charged with possession of small amounts of controlled substances, may have more opportunities to avoid incarceration through alternative sentencing options.

Drug Diversion Programs

In certain situations, individuals facing drug possession charges may be eligible for drug diversion programs, which can offer an alternative to traditional sentencing and provide access to rehabilitation and support services. Completing drug court requirements may result in the dismissal of charges or reduced sentencing.

How Geraghty Law Can Help

At Geraghty Law, we understand the serious implications of a drug possession charge. Our team is dedicated to providing you with the guidance and defense you need to protect your rights. We take the time to listen to your story, examine the facts of your case, and develop a tailored defense strategy to secure the best possible outcome. 

From challenging the evidence to negotiating alternative sentencing options like drug diversion programs, we work to minimize the impact of these charges on your life. Having an experienced and committed attorney by your side can make all the difference when your future is at stake. Let us fight for your freedom. Contact Geraghty Law today.