Legal Question in Criminal Law in Massachusetts

My girlfriend was spotted by a cop buying a gram of marijuana from a dealer (it is decriminalized in my state). He searched the dealers car, not hers. He then told her he didn't have to press charges, but that he wasn't sure what he was going to do at this point, and that he would call her and let her know if he is pressing charges against her -- and that if he does this, she has the option to testify against the dealer in order to avoid the ticket. I think that she must have given him her phone number because she wouldn't have known not to, if that was an option. My questions are these: 1) Is it legal for him to press charges over the phone? (I am also concerned about him having less-than-professional intentions). 2) Was she required to give him her phone number? 3) Was it legal for him to obtain her phone number?


Asked on 3/04/13, 12:06 pm

1 Answer from Attorneys

Yes. A police officer may obtain contact information for a witness. At the very least, your girlfriend is a witness to a felony (and a potential participant), to wit: possession of a Class D substance with intent to distribute.

While mere possession was decriminalized at the state level, it remains a crime at the federal level; and in either event, Selling or Purchasing marijuana is not protected by the decriminalization (it is not legal to either sell or purchase), so she could still be arrested or face criminal charges.

She should speak to a lawyer to see if she can obtain some immunity or deal to prevent participant charges in exchange for her testimony.

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Answered on 3/04/13, 1:28 pm


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