Legal Question in Criminal Law in Massachusetts

Penalty For Possesion Of Marijuana

My Son Was Stopped For A Motor Vehicle Violation But Was Arrested For Possession Of A Marijuana. If Pleading Gulty And A First Offesnse What Can I Expect The Penalty Or Fine To Be


Asked on 5/23/07, 6:56 pm

3 Answers from Attorneys

Dmitry Lev The Lev Law Firm

Re: Penalty For Possesion Of Marijuana

Well, first of all, why pleading guilty?? There are so many factors missing from your story. First of all, the search of the car may have been illegal. The evidence of the marijuana might be able to be suppressed. There may not have been what is legally sufficient to be possession... Please contact my office if you wish a case analysis based on the specifics. 6175569990

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Answered on 5/27/07, 2:32 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Penalty For Possesion Of Marijuana

You are leaping forward and assuming several things that you have not supported.

The typical sentence to a first offense possession is a CWOF.

If you have any questions or need assistance contact me.

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Answered on 5/23/07, 7:49 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Penalty For Possesion Of Marijuana

Assuming the son is over 18 and not a juvenile, and has no prior criminal record, he should be able to obtain a CWOF, "continued Without a Finding." The court would probably continue the case for 6 months to a year. If the defendant gets in no additional trouble during that time, the case is disposed, and shows on the person's record as a CWOF, not a conviction. If the defendant does get in trouble during the probationary period, the marijuana case would come back to life, along with the new case.

However, in order to get the CWOF, many judges now also require the defendant to submit to random drug testing during the probationary period. Failing one or more of these drug tests can result in a breach of the terms of the CWOF, so careful abstinence is critical.

Contact me directly if you'd like help through the process.

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Answered on 5/23/07, 8:11 pm


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