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Drug Possession

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Drug Possession

Possession of controlled substances is charged when a person is in possession of an illegal drug or for which they do not have a valid prescription. It is usually charged when a personal use amount is found on a suspect and there is no evidence the person intended to distribute or sell the drug.

Possession of less than an ounce (28.3 grams) of Marijuana for personal use is now a civil infraction and not a crime it carries a potential fine of $100. But be aware intent to distribute a drug, including Marijuana is still a criminal offense. Evidence of intent to distribute can be argued by the prosecutor by how the drugs are packaged, small quantities individually wrapped, or a large amount of currency seized from the person, or scales, beepers or multiple cell phones. Although a personal use amount of marijuana is no longer a criminal offense possession of any drug paraphernalia is still a misdemeanor criminal charge.

Penalties for possession increase depending on what drug is charged. Possession of cocaine carries a maximum penalty of 1 year or a $1,000 fine or both. Also the registry of motor vehicles normally will suspend the license of someone convicted of a drug offense; the length of the suspension varies depending on the charge.

Possession of Heroin or other Class A substances carries a 2 year potential sentence and $2,000 fine or both.

For first offenders whose case cannot be won by throwing out the evidence or at trial there is an alternative disposition which is available to the court it requires a person waive their rights to a trial and make an admission to the charge after which a Judge may continue the case without a finding rather than find a person guilty. If a person then completes a term of probation successfully the case is dismissed. An experienced criminal lawyer can advise you as to whether they think your case can be won or whether it is best to resolve the case short of trial and negotiate the best result possible with the hope of a avoiding a conviction and protecting your criminal record for the future.

Subsequent or repeat offenders can face harsher sentences. The Commonwealth can charge someone as early as their second offense as a subsequent offender which increases the potential range of punishment and allows them to take the case to superior court where a mandatory 2 ½ year sentence must be imposed and one can face up to a potential 5 year sentence and/or a $5,000 fine.

Frank Fernandez is a Boston criminal lawyer who is experienced in fighting drug charges, contact him for a free confidential consultation, 617-393-0250.

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Thank you Frank Fernandez for your help with my case. You were very patient and knowledgable. Will certainly be recommending him to anyone in need.
Katherine Stevens
Katherine Stevens
12:25 25 Jun 19
Probably one of the best lawyers in the area. He’s considering all the nuances of a case and It’s clearly seen he’s fighting for the best possible result. Some people thing a success is a matter of luck, but i know it’s a result of patience and hard work that Mr Fernandez does provide by his job.
Russell Glaz
Russell Glaz
16:27 15 Feb 19
If you find yourself needing a lawyer, Frank is your guy. Right from the very first phone call (which he answered, not a call center) he made me feel comfortable and gave me great advice. He was very professional, did a great job explaining everything to me, and really listened to what I had to say (which helped me calm down in a stressful situation). Very happy I chose to work with Frank, he made a tough situation the easiest it could be. Also - added bonus for some - he's fluent in Spanish! Thanks again Frank.
Meg Gaff
Meg Gaff
19:46 17 Dec 18
I would 100% recommend The Fernandez Firm to anyone looking for a Boston lawyer. Frank is kind and patient, really making things go smoothly when you need them to most. Thanks to The Fernandez Firm for all your help, i highly recommend your services.
Evan Matthews
Evan Matthews
16:55 13 Jul 18
I needed a criminal lawyer here in Boston, and needed one quickly. After doing something stupid that would have costed me my scholarship, I called The Fernandez Firm and got legal advice from Mr. Fernandez. I was so worried at first but after talking to Mr. Fernandez I felt so much better and knew it could be dealt with properly. Thanks for taking the time to figure out my case exactly.
Alex Dueckson
Alex Dueckson
21:41 10 Jul 18
I needed discretion and someone professional to take care of things quickly and quietly. Attorney Frank Fernandez did exactly that. Thanks for taking my case and helping me get my life back.
Evelyne Ivy
Evelyne Ivy
01:31 03 Jun 18
What a relief. That's all I have to say! Almost speechless with how happy I am that Frank Fernandez is the boston lawyer that I ended up calling. I was in a jam, googled for a lawyer and up came Frank Fernandez. Right away I knew I had made the right decision. He is such a friendly and personable guy, he really put me at ease with everything that was going on. I will certainly be returning to Frank for any legal needs I have. And even more so recommend him to anyone in Boston who needs a lawyer. Thanks again Frank Fernandez, I owe you big time.
Tricia Kendall
Tricia Kendall
21:56 02 Jun 18
Oh my God, how and where do I start from?Infact Attorney Frank Fernandez is just an amazing human being, strictly professional with a lot of sympathy for me as his Client.He gave me his cell phone number before even accepting to take the case. He spoke to me in a very pleasant manner and took care of my case within hours. His Fees was the lowest that I was quoted and after resolving my case he returned my unused balance of funds back to me.I sincerely thank and appreciate God for leading me to such a wonderful kind hearted Attorney like Barrister Fernandez.Thanks so much Sir, I really really really appreciate all your help, God bless you sir.My prayers for you is that God will send you plenty of cases and good & adequate help to keep you flying high in your profession.Remain blessed Sir, I appreciate you.
martin o
martin o
17:57 21 May 18

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Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

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Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.