Legal Question in Criminal Law in Massachusetts

Marijuana Possesion

My friend was caught with a gram of marijuana and a glass pipe w/ resin in it. I understand that in VA the most common charge for a first time offender caught with such is com. service, ASAP class, and license suspension. If my friend is sentenced and given any of these,--name removed--they effect him in VA and MA, or just in VA? (ie.--name removed--hislicense be suspended in both VA and MA). Also, if he does not meet ASAP class and community servcice requirements to get the drug charge off his record,--name removed--the record be carried back to MA with him? THanks.


Asked on 2/29/04, 9:54 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Marijuana Possesion

As a first time offender in Virginia, your friend,

in return for his plea of guilty in the general district court, should be eligible for the disposition of Suspended Imposition of Sentence (SIS). However, if he is fortunate enough to receive this disposition, your friend will in all probability be required to complete community service, the ASAP program, as well as have his license suspended for the required term, and pay the court costs associated with processing his case. Upon completion of all the conditions(not just one or two), your friend will then be eligible to have his criminal case closed without any record of any conviction whatsoever.

Whether the Massachusetts DMV authorities take action to suspend his driving privilege will be up to them in accordance with what the law requires in that particular state.

If, for whatever reason, your friend is unable to complete the conditions of his SIS in Virginia, the Virginia court will normally abrogate the SIS and impose at least part, if not all, of the sentence which was suspended, and, your friend will then carry this record of conviction for the rest of his days, not merely if he returns to Massachusetts, but wherever he goes in these United States.

Read more
Answered on 2/29/04, 11:22 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts