Legal Question in Criminal Law in Massachusetts

possession of marijuana with intent to distribute-school zone

I live in Boston Mass, and I had a small fire in my microwave oven when I wasn't home. The fire dept came and put it out but went into my private bedroom and broke the lock to my closet wardrobe and found 4 marijuana plants and called police. I was not arrested because I was very cooperative but I have to go to court on possession of marijuana with intent to distribute and I live within 1000 feet of a school zone. I am 66 years old. I use it for medicinal because I have cervical spine disease and I get pain relief. My Doctor gave me a letter certifying so. What will happen to me? Will I have to go to jail? I cannot understand why the fire dept. broke into my bedroom closet when the smoke but no fire, came from the microwave in the kitchen. I am so scared I am considering suicide. Should I get a lawyer or go with a public defender? Please reply. Please help me. Thank you,--name removed--


Asked on 8/06/06, 1:16 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: possession of marijuana with intent to distribute-school zone

AS to the medicinal use, that is no defense in Massachusetts. It may be a mitigating circumstance, with some ADA's the issue that you raise about the scope of the fire department's search or entry to the aparatment is a live issue, especially with the charge "intent to distribute." Charges like these can have serious ramifications, and you need an attorney who practices criminal defense, at least to consult, if not to use. As for your cooperation with the police that cuts both ways. One would have to examine the police report, to see if cooperation has crossed to self-incrimination. You can contact me if you would like to discuss this matter; criminal defense is one of my ears of experience.

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Answered on 8/06/06, 4:00 pm
Martha Kovner Law Offices of Martha J. Kovner

Re: possession of marijuana with intent to distribute-school zone

You should definitely hire a lawyer. They may not have had grounds to search the closet area and a lawyer might be successful on getting the evidence thrown out. There are also many other strategical decisions that a lawyer can make regarding the case. There are many factors that I would need to know before I would be able to tell you what would happen. Suicide is not the answer! Please feel free to contact me to discuss your case. Martha Kovner

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Answered on 8/06/06, 4:01 pm


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