Legal Question in Criminal Law in Massachusetts

Re: marijuana and pipe with resin

If this is your first drug offense, then you are looking at probation. If you successfully complete probation, the case will be dismissed. If it was not your first drug offense, the maximum penalty would be 6 months in the House of Correction and/or $500 fine.

Based on your facts, you may have a motion to suppress based on an illegal search. You should speak to an experienced lawyer about exploring this.

Hope this helps answer your questions.

Myong Joun

[email protected]

www.MassRights.com

Re: marijuana and pipe with resin

Well, first and foremost, there has to be enough resin there for the prosecution to have it chemically test it and actually prove that it's marijuana. What may be obvious to you and I does not necessarily stand up in court. It's not enough (though compelling) that you said it's marijuana or that the officer may have smelled it. They actually have to do a chem test and have a lab technician certify that it's marijuana. The other issue would be suppression -- illegal search and seizure, as well as suppression of the statement that you made. But I agree with Mr. Joun -- worst case for first offense is a rather light type of probation.

Re: marijuana and pipe with resin

First retain an attorney to determine whether any of your admissions might be suppressed and speak only to that attorney and not on the internet.

But to answer your question, a first offense for class D drugs would bring probation, but a second would be 6 months jail and or a $500 fine. So you should avail yourself of your right to a trial and make them proof the case, which may or may not be as much a given as you think. Good Luck!

Re: marijuana and pipe with resin

A criminal complaint wherein you will probably be arraigned in the district court. If you need help, contact me.