Legal Question in Criminal Law in Massachusetts
Marijuana Possession
I wanted to know what if the most I could get for the possesion of marijuana. I was caught in a drug bust and all I had on me was less than 1 gram of marijuana but yet they sent me to jail with a 5000 bail and I had to remain there until I got the money. I have a court appoint lawyer but I feel that he isn't very much help. They want to take away my liceences and I wasn't driving. I feel that I gave the state enough, what more do they want from me I spent about 2 weeks in jail. I would like to know how I could go about this situation without a conviction becuase I am currently going to school for criminal justice and when it is time for me to get a job I don't want this to become a issue.
4 Answers from Attorneys
Re: Marijuana Possession
Simple possession of marijuana is a misdemeanor charge. I believe the maximum sentence is 6 months in the House of Correction. Very few, if any people are sentenced to jail time for simple possession of marijuana in Mass. In fact, if you have no prior marijuana charges on your record, the statute allows you to receive a disposition called "continuance w/out a finding" for 6 months. That means that the charge is dismissed after 6 months if you don't get charged w/ any criminal offense during the continuance period. Because this disposition is not a conviction, the Registry of Motor Vehicles is not notified, and there is no suspension of your license.
All that having been said, the fact that your bail was set at 5000 tells me it is highly unlikely that your only charge is simple possession. That type of bail would typically be set for the more serious charge of distribution or possession w/ intent to distribute a controlled substance, or a person w/ a significant criminal/drug history.
Re: Marijuana Possession
A conviction for possession or distribution calls for a one year loss of license. Whether you will receive a guilty finding or a lesser sentence that will not cause you to lose your license will depend on your prior record, if any, and the specific circumstances of your case.
Re: Marijuana Possession
The more important question is: Why was your bail set so high? Normally that indictates either 1) a tendency not to appear at court dates, 2) a prior criminal record, or 3) you are charged with a more serious offense than possession of 1 gram of marijuana. Sentencing is affected by a number of factors; a first offender would likely see no jail time, a period of probation and some hefty fines. If convicted of possession, you will lose your driver's license for 1 year. If you are unhappy with your court appointed attorney, you have the right to hire private counsel.
Best of luck to you.
Re: Marijuana Possession
I need to know more about your record and the facts of the case to be able to give you an appropriate answer. If still looking for information, please feel free to contact me further with the additional information. Martha Kovner
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