Legal Question in Criminal Law in Massachusetts

While the new arrest for possession class D with intent will cause your probation officer to issue a notice of probation violation, a jail sentence for the possession class C charge is not automatic. Assuming a violation of probation can be proven, there are numerous intermediate sanctions that a judge could impose, for example, an extension of your probation, the addition of conditions such as drug testing or treatment programs, revoking the CWOF and imposing a Guilty Probation (which would result in the RMV suspending your drivers license for 1 year).

On a related note, since the decriminalization of possession of marijuana less than 1 oz, the police have started charging possession with intent in many cases where they would have charged simple possession previously. You should certainly consult with an experienced criminal defense attorney to ascertain the best strategy for defending the new charges. Note that even if you successfully defend against the new charges (i.e found not guilty or charges dismissed), you can still be found in violation of your probation as probation violations require a lower standard of proof.

Best of luck,

Dominic Pang (617.538.1127)

You should retain an attorney and confide only in that attorney. Good Luck!