Is your first offence for possession of heroin a felony in MA?
Hardwick, MA |
I was convicted for possession of 3 bags of heroin in holyoke ma in 2007 I have also been convicted for possession of marijuana in the past and served a 6 month sentence for a combination of the marijuana and heroin charges. Is this a felony?
Suggest that you go to the court house where you enterd a plea or were convicted. Ask the clerk to pull the file. The abstract of judgement should tell you if the conviction was for a felony or a misdemeanor
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
The first offense of simple possession of heroin is a misdemeanor. Second and subsequent offenses are felonies. See M.G.L.A. 94C § 34. You could make sure that is what you had by either running your own CORI (see http://www.mass.gov/eopss/agencies/dcjis/ for the procedure) or by going to the court in Holyoke and getting a copy of the docket sheet.
There is not enough information here to determine what you pled to. Check the clerk's office to see what crime chapter and section you actually pled to. Then look to see if the potential maximum penalty includes the potential for state prison, if it does then you it is a felony.
This is not intended as legal advice and does not create an attorney-client relationship.
If it was straight first offense possession of heroin, as opposed to possession with intent to distribute (which is often the crime that is charged when the police find more than 1 bag of drugs on a person, even if there are no other indicators of intent to distribute), then it is a misdemeanor. The same is true of a straight first offense marijuana possession. If they are both misdemeanor charges, then enough time has elapsed that you can seal your record, even though you were convicted, provided that you have not been convicted of any other crimes in the 5 years preceding any petition to seal.
Dominic Pang (617-538-1127)
Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.