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My boyfriend got arrested for class b poss. with intent. it is his second subsequent offense, evidence is missing for the 1st.

Boston, MA |

but they are trying to get him to plee out for 2 1/2 years. I am trying to figure out if there are still minimum mandatory sentences?

Attorney Answers 6


  1. 2 ½ as I recall is for a school zone arrest.

    Get him a lawyer.

    Does this answer your question?

    henry lebensbaum, esq.

    300 Brickstone Square, Ste 201

    Andover, ma 01810

    (978) 749-3606

    420 Common Street, Ste 101

    Lawrence, MA 01840

    (978) 685-2690

    attorneylebensbaum@verizon.net

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.


  2. Yes, tere are. Get him counsel.


  3. The charge of second and subsequent actually carries a 5 year State sentence if he is indicted. You should talk to an experienced criminal defense attorney to examine the facts of the first and second offenses to see if anything can be done in terms of moving to excluded evidence or moving to vacate the first conviction.


  4. Section 32A of Chapter 94C of the Massachusetts Criminal Statutes provides for a 3 year State Prison Mandatory Minimum sentence for someone convicted a second time of possession of a class B substance with intent to distribute. If the state can prove that prior to the date of the commission of the new offense he was convicted of possession of class B with intent to distribute then he must serve the full three years (36 months) in state prison. You say that "evidence is missing for the first". If they cannot prove that he had a prior conviction (and that is not terribly difficult to prove) then there is no mandatory minimum sentence. On a first offense the penalty range is "imprisonment in the state prison for not more than ten years, or in a jail or house of correction for not more than two and one-half years, or by a fine of not less than one thousand nor more than ten thousand dollars, or both such fine and imprisonment". If the 2 1/2 years is to the house of correction your boyfriend would be eligible for parole in 1/2 the sentence (15 months). 15 months in the county house of correction is a lot better than 36 months in the Sate Prison. But these are issues your boyfriend should be discussing in detail with his lawyer. You say "evidence is missing for the first"; what does that mean? Are you saying the case is so old that they cannot find the court docket sheet? Again these are details that your boyfriend's lawyer should know. I hope this helps you.

    Robert D. Lewin, Attorney
    LEWIN & LEWIN CRIMINAL LAWYERS
    Offices in Malden and Andover, MA serving all of Eastern MA
    Tel. 781-322-2228
    Fax. 781-322-6351
    Email: rlewin@lewinandlewin.com
    Website: www.attyrobetlewin.com


  5. Your boyfriend shouldn’t consider tendering a plea before he knows the strengths and weaknesses of his case, his defenses, and whether those charges can be proven by the Commonwealth. There is no District Court jurisdiction to the offense of possession with intent to Distribute Class B, subsequent offense. The subsequent offense aspect of the charge makes this a Superior Court offense. Should your boyfriend be indicted, this offense could carry a one year mandatory jail sentence in the Superior Court, depending on how charged. Your boyfriend should have legal representation and my advice to you is to tell him to hire an experienced criminal defense attorney. Good luck.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

    Any information contained herein is intended for informational purposes only and should not be construed as legal advice. If you need additional information, call Attorney Topazio directly at 617-422-4803 regarding your specific concern.


  6. Yes. Second offense for a Class B poss w/intent charge has a 2 or 3.5 year mandatory minimum depending on the substance (crack, cocaine and meth are 3.5). It is likely 3.5 for your boyfriend if he is being offered 2.5. Essentially, the DA is agreeing to reduce the charge to a first offense in exchange for a plea.

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