Legal Question in Criminal Law in Massachusetts
Possession of Class D
My 17 year old son was stopped by Mass State Police a few days ago for having his music on too loud. Upon being pulled over, the troopers began aggressively questioning him and were very intimidating. They told him that they could see some rolling papers in the back seat of his car and that they were going to conduct a search of his vehicle. As he had had many of his friends in and out of his car in the past few days, it was certainly possible that there may be some papers in the back seat that he had not seen. The troopers asked him if there was ''anything else'' in the vehicle. He told them that there was a pipe in a bag with a very small amount of pot in it in his console. They did not arrest him, but he was cited for loud music and possession of class d substance. First question -- he does not have a court date yet. We are waiting the summons in the mail. His 18th birthday is 7/20 -- is his age a factor in this matter? Should we try to get this resolved prior to his birthday, if that is at all possible? Next, I have read on line that a ''conviction'' for possession of a class D substance calls for mandatory loss of license for one year. If he goes to court and gets this cont w/o finding, does he lose his license?
1 Answer from Attorneys
Possession of Class D
On the surface, it is a strange stop for loud music. This is especially true considering he was not cited for any such violation.
Resolving the issue depends on the charges. He may be called to a clerk's hearing or have a complaint issued. A conviction on the possession charge will be a problem given his age.
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