Legal Question in Criminal Law in Massachusetts

Son arrested for marijuana

he was stopped for speeding by state cop. He didn't have his lic. on him. Cop pulled him from car searched and found pot. His lawyer tried to get a surpression of evidence,it was first admitted with the judge stating the cop was unlawful. Later it was revoked after DA found he had a prior record for possession of marijuana with intent to distribute. They are charging him with the same, even though it was only 1 ounce ( 33 grams ). Right now his lawyer is trying to keep him from going to jail or setting up a plea with DA for 5 yrs. probation and 2 yr. loss of license. I think he should go to trial, but I am not sure if his previous record would be something the DA can bring up . If he does go to trial what are his best chances of having this thrown out? He is sceduled to go to court on Wed. April 11. This incident happened in Aug. He is anxious to get this behind him, but I actually think it is better to prolong it. He is 25, has a good full time job, if he loses his lic. he will lose his job because he is required to drive. He is also engaged and expecting a child in May. He also said if he goes to trial and loses he would get max. sentence, 2 1/2 yrs. Are those the right facts?


Asked on 4/07/07, 6:06 pm

2 Answers from Attorneys
Dmitry Lev The Lev Law Firm

Re: Son arrested for marijuana

Your son's record cannot be used against him at trial unless he chooses to take the stand.

Read more
Answered on 4/10/07, 12:14 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Son arrested for marijuana

Suppressions cannot be undone by an ADA. Once suppression is entered it stands against other attacks.

Usually the first offense possession is a CWOF. Obviously subsequent arrests for possession are more serious.

If you are asking, you should have consulted with your attorney. If you are not comfortable with your attorney, or have any other questions, you can call me right now.

Read more
Answered on 4/07/07, 7:05 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts