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What is the maximum punishnment for class d substance with intent to distribute under and ounce with scale and baggies: Intent to Distribute under an ounce

Asked about 7 years ago in Criminal Defense

David’s answer: The penalty for possession of a Class D substance with intent to distribute is not more than 2 years in jail, a fine of not less than $500 and not more than $5000, or both. This is found in Mass. General Laws, Chapter 94C, section 32C.

Please note that simple possession (no intent to distribute) of less than an ounce of marijuana is now a civil infraction in Massachusetts, with a $100 civil assessment. The Prosecutor may claim that the scale and baggies are "indicia of intetnt to distribute" whereas the individual may have just possessed that amount for their own personal use.

The charge is a serious one which can result in incarceration, loss of driver's license and other collateral consequences. These types of charges are often quite defensible and should be referred to an attorney who is experienced in the area of drug crimes. Without commenting on the facts of this case (since i am not aware of the full factual scenario), and as a general proposition, there may be issues of illegal search and seizure by the police which may result in the evidence being suppressed or "thrown out" by the Court. Even if the evidence is not suppressed the individual may have an excellent defense at trial or the Prosecutor may be willing to agree to a plea bargain to a lesser charge.

These are legal issues that you need to have explored if you are charged with type of crime and an experienced lawyer in this arena will assist you throughout the legal process. Your own lawyer will take the time He needs to ensure that your legal rights are fully protected and that your best interests are pursued with zealous advocacy by your Attorney.

Answered about 7 years ago.

Is there such a citation as "allowing improper usage of vehicle?" in MA: I let my boyfriend use my car, he in turn let someone else use it. Long story short there was some type of illegal activity committed in which my car was spotted. When the police asked me who was responsible I stated the truth which I was I really didnt know any names because all this occured without my knowlege. He threatened to arrest me and I told him I would have to get a lawyer because of the threats. Shortly after he sent a citation that i allowed improper usage of my vehicle

Asked about 8 years ago in Speeding Ticket

David’s answer: I'm not sure, but there probably is some charge that he drummed up on you...it sounds like harassment, plain and simple...you should request a hearing immediately, info should be on the back of the citation...call me if you have any questions, my number is 413-525-4440...don't let them push you around ...stand up for your rights...good luck with this!

Answered about 8 years ago.

My cousin was arrested for unarmed robbery but she didn't do it what can I do to help: My cousin was accused of unarmed robbery in MA but she was arrested in NC she says she didn't do it but she's still in jail in NC

Asked over 8 years ago in Criminal Defense

David’s answer: She should file for a speedy trial here in Mass. Thereafter, Mass. would have 180 days in which to try her for the offense. However, she needs to return to Mass. to answer to the charges, either by a waiver of rendition or by personally appearing before the appropriate Court of competent jurisdiction. The fact that she may be innocent of the charges is irrelevant to the fact that she needs to answer to the charges in any event. I can be reached at 413-525-4440 with any questions regarding this situation

Answered about 8 years ago.