Frequently Asked Questions Regarding Massachusetts Drug Crimes

This page addresses frequently asked question for those charged with a Massachusetts Drug offense. The questions, address Constitutional defenses, defending a charge of possession with intent to distribute and other legal issues that arise in defending those charged with a Massachusetts Drug Crime. This page is aimed at answering the questions of those charged, their spouses, family members, friends and significant others.

Understand the steps in the court process. Here is an outline of what you can expect.

1. Arraignment, this is your first court date. If it is a possession charge, or you have little to no record and it is a possession with intent charge, you probably will not have to post bail or if bail is imposed it will be minimal. The Court may impose the condition of drug free on a drug charge. If the charge is more serious like, distribution or trafficking, you may have to post a higher bail or may be brought into lock up pending the bail hearing.
2. Pretrial Conference: At the pretrial conference, many things can potentially happen. The most important thing to understand is that the pretrial, is not a trial, you will not he forced into resolving the case on that day. If an agreement with the District Attorney can be made, you could resolve the case that day. Often what happens on the pretrial conference is that the district attorney will provide more information about the case. After the pretrial, you have an opportunity to review the evidence with your lawyer and determine next steps, such as motion hearings and other legal defenses.
3. Motion and Trial

A motion is when you challenge the Constitutional basis of the search and whether the police complied with the law and constitution in seizing evidence.

Trial is the ultimate resolution of the case; in many cases you will get a better plea offer on the day of trial.

With this introduction, here are some additional questions.