Legal Question in Criminal Law in Massachusetts
i was convicted of a drug possesion felony in new york 9 years ago, i moved to massachusetts and now i face the same charges, if convicted does it count as my second conviction in my current state
Asked on 10/02/10, 9:15 am
1 Answer from Attorneys
Dmitry Lev
The Lev Law Firm
If they did not charge it as a subsequent offense, then no. Chances are, they don't know about your first conviction because they usually only check the MA record, unless you give them reasons to check more. If they find out, they can later move to amend the charge, however you are entitled to a separate trial on the issue of the prior conviction where they would have to bring witnesses, etc. Again, usually they won't bother, especially if the case is in the District Court, as opposed to Superior.
Answered on 10/07/10, 4:54 pm
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