Drug Possession

Caught with Drugs in Massachusetts? Discover Our Lawyers’ Secrets to Beat Possession Charges

Facing drug possession charges in Massachusetts is a serious matter. The legal system can be unforgiving, and the consequences can be life-altering. But you don’t have to face this battle alone. At Erkan & Sullivan, P.C., we have the unique experience, knowledge, and dedication to fight for your rights and your freedom. Our attorneys, Murat Erkan and Ryan P. Sullivan, are here to reveal the secrets to beating possession charges in Massachusetts.

Understanding Drug Possession Charges in Massachusetts

Drug possession charges in Massachusetts can vary in severity, and understanding the specifics of your charges is crucial. The state has strict laws and harsh penalties for drug offenses, which can include fines, imprisonment, and a permanent criminal record.

Types of Drug Possession Charges

1. Simple Possession: This involves being caught with a small amount of drugs for personal use.
2. Possession of Paraphernalia: Possessing items associated with drug use, such as pipes or syringes, can also lead to charges.

The most common classes of drugs charged in Massachusetts include class A drugs like fentanyl, heroin, and methamphetamine, class B drugs like cocaine, class D drugs like marijuana, and class E drugs like Xanax. Possession charges are prosecuted under G.L. c. 94C, section 34.

The Consequences of Drug Possession

The penalties for drug possession in Massachusetts depend on several factors, including the type and quantity of the drug, your criminal history, and the circumstances of your arrest. Penalties can range from fines and probation to lengthy prison sentences.

Potential Penalties

• Fines: These can range from a few hundred to several thousand dollars.
• Incarceration: Jail or prison sentences vary depending on the severity of the charge.
• Probation: An alternative to incarceration but with strict conditions.
• Criminal Record: A conviction can have long-lasting effects on your life, including employment and housing opportunities.

The Importance of Legal Representation

Facing drug possession charges without legal representation is risky. A skilled attorney can significantly impact the outcome of your case. At Erkan & Sullivan, P.C., we offer unparalleled expertise and commitment to defending your rights.

Why Choose Erkan & Sullivan, P.C.?

1. Experience: Our attorneys have decades of experience handling drug possession cases.
   • Murat Erkan: With over twenty-six years of trial experience, Murat has developed a deep understanding of the intricacies of drug possession cases. His background as a prosecutor in Essex County, handling a wide range of criminal cases, provides him with unique insights into prosecutorial strategies. This experience allows him to anticipate the prosecution’s moves and build a robust defense tailored to counteract their tactics.
   • Ryan P. Sullivan: Ryan’s extensive experience as an award-winning prosecutor in the Middlesex County District and Superior Courts has equipped him with a profound knowledge of how prosecutors build their cases. His transition to a full-time criminal defense lawyer means he now leverages this insider knowledge to identify flaws and weaknesses in the prosecution’s arguments, particularly in drug possession cases. His ability to dissect and challenge prosecutorial tactics ensures a strong defense for his clients.
2. Dedication: We provide personalized and aggressive defense strategies.
   • Murat Erkan: Murat’s commitment to treating each client as an individual with their own unique story allows him to craft personalized defense strategies. His tailored approach ensures that every aspect of your case is meticulously analyzed and defended, increasing the likelihood of a favorable outcome.
   • Ryan P. Sullivan: Known for his aggressive defense tactics, Ryan is dedicated to vigorously defending his clients’ rights. His comprehensive understanding of drug laws and his meticulous approach to identifying procedural errors and evidentiary weaknesses make him a formidable advocate in drug possession cases.
3. Proven Results: Our track record includes numerous cases dismissed or charges reduced.
   • Both Murat and Ryan have a history of achieving favorable outcomes in drug possession cases. Their combined expertise, strategic thinking, and relentless pursuit of justice have led to numerous cases being dismissed or charges significantly reduced. This proven track record demonstrates their ability to effectively defend clients against drug possession charges.

Immigration Consequences of Drug Possession Offenses

Drug possession offenses can have severe immigration consequences, whether you are a legal permanent resident or undocumented. Understanding these consequences is crucial to making informed decisions about your defense strategy.

Consequences for Legal Permanent Residents

For legal permanent residents (LPRs), a drug possession conviction can lead to:

• Deportation: A conviction for a controlled substance offense (except for a single offense of simple possession of 30 grams or less of marijuana) can render an LPR deportable.
• Inadmissibility: A conviction can make an LPR inadmissible, affecting their ability to re-enter the U.S. after travel abroad or to apply for naturalization.
• Loss of Status: Multiple convictions or a conviction for a drug trafficking offense can lead to loss of LPR status.

Consequences for Undocumented Immigrants

For undocumented immigrants, the consequences are even more severe:

• Deportation: Any drug possession conviction can make an undocumented immigrant a priority for deportation.
• Ineligibility for Relief: A conviction can make an undocumented immigrant ineligible for various forms of relief, such as asylum or cancellation of removal.
• Bar to Re-entry: A conviction can result in a permanent bar to re-entry into the U.S.

Defense Strategies to Beat Possession Charges

Our legal team uses various strategies to challenge drug possession charges. Here are some of the key defenses we employ to protect our clients.

Unlawful Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement violated your rights during the search, any evidence obtained may be suppressed.

Lack of Possession

To secure a conviction, the prosecution must prove that you had actual possession of the drugs and that you were aware of their presence. We challenge these assumptions rigorously.

Insufficient Evidence

The prosecution must present compelling evidence to secure a conviction. We scrutinize the evidence, looking for weaknesses or inconsistencies that can be exploited.

Entrapment

If law enforcement coerced or induced you to commit a crime you otherwise would not have committed, entrapment might be a viable defense.

The Role of Pre-Trial Motions

Pre-trial motions are a critical component of our defense strategy. These motions can significantly impact your case and, in some instances, lead to a dismissal of charges.

Motion to Suppress Evidence

If evidence was obtained unlawfully, we file a motion to suppress to exclude it from being used in court. Without crucial evidence, the prosecution’s case may fall apart.

Motion to Dismiss

We may file a motion to dismiss if there are fundamental issues with the prosecution’s case, such as lack of evidence or procedural errors.

Plea Bargaining: Strategic Negotiations

While our primary goal is to have charges dismissed or reduced, there are instances where negotiating a plea bargain may be in your best interest. A plea bargain can result in reduced charges or lighter penalties, avoiding the uncertainties of a trial.

Continuance Without a Finding (CWOF)

One effective resolution in drug possession cases is a Continuance Without a Finding (CWOF) (for US citizens, not immigrants because it can trigger immigration consequences). A CWOF allows the defendant to admit that the evidence is sufficient for a finding of guilt, but instead of entering a conviction, the court continues the case for a specified period (usually six months to a year). During this period, the defendant must comply with certain conditions, such as:

• Probation: The defendant must meet regularly with a probation officer and comply with all probation terms.
• Drug Testing: Regular drug testing to ensure the defendant is not using illegal substances.
• Treatment Programs: Participation in drug education or treatment programs as required.

If the defendant successfully complies with these conditions, the case is dismissed at the end of the continuance period, and no conviction is recorded. This can be particularly beneficial for avoiding a criminal record and minimizing immigration consequences.

General Continuance

Another potential resolution is a general continuance. In this arrangement, the court agrees to continue the case for a set period without a finding or admission of guilt. During this time, the defendant may need to:

• Stay Out of Trouble: Avoid any new criminal charges.
• Community Service: Complete a certain number of community service hours.
• Compliance with Court Orders: Follow any additional court-imposed conditions.

If the defendant meets these conditions, the charges may be dismissed or reduced at the end of the continuance period. A general continuance can help avoid the immediate consequences of a conviction and provide the defendant with an opportunity to demonstrate good behavior.

Post-Conviction Options

If a conviction occurs, all hope is not lost. We explore post-conviction options, such as appeals or expungement, to mitigate the long-term effects of a criminal record.

Appeals

An appeal challenges the trial’s outcome based on legal errors that may have affected the verdict. Our attorneys are skilled in identifying and arguing these errors in appellate court.

Expungement

Expungement removes the conviction from your criminal record, providing a fresh start. Not all convictions are eligible, but we assess your case to determine the best course of action.

Enforcement areas:

Like other drug offenses, most possession cases occur in urban centers such as Boston, Worcester, Brockton, New Bedford, Lowell, Lawrence, Lynn, Fall River, Chelsea, Malden, Woburn, Framingham, and Haverhill. However, smaller communities like Andover, Newton, Concord, and Ayer are also subject to strict drug enforcement policies. Additionally, towns along major highways, such as Leominster and Sturbridge, experience a high level of enforcement

Contact Erkan & Sullivan, P.C. Today

If you or a loved one is facing drug possession charges in Massachusetts, don’t wait to seek legal help. The sooner you contact us, the better your chances of achieving a favorable outcome. At Erkan & Sullivan, P.C., we are dedicated to fighting for justice and ensuring that your rights are protected.

At Erkan & Sullivan, P.C., we believe that everyone deserves a strong defense. Our team is committed to providing the highest level of legal representation to those caught in the grips of the criminal justice system. Remember, you are not alone. With our secrets to beating possession charges, we stand ready to fight for you every step of the way.