Legal Question in Criminal Law in Massachusetts
A friend of mine is being charged with trafficking and attempt to distribute over 100pounds and less than 2000 pounds of marijuana.The cases was indited to a higher court. A mistake was made and the case was presented before the grand jury as trafficking and attempt to distribute over 100grams and under 2000grams. His co-defendant's case was presented with the correct amount 100 pounds but less than 2000 pounds. The DA then address the grand jury and said that my friend and his co-defendant are being bought forward on the same weight and charges of pounds.
Can grams be changed back to pounds?
Can any motions be filed?
If Yes what motions?
2 Answers from Attorneys
Your friend should have an attorney. The issues that you have presented are too complicated to be answered with a simple yes/no.
I agree with the answer above. The answers to this question and to this situation require additional information and based upon that information you can be advised of any problems with the indictment and charges and whether they can be successfully challenged based on mistake at this stage of the case.
If you require any additional information, please feel free to contact me at my office.
Thank you.
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