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  1. #1
    Join Date
    May 2011
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    5

    Default What Determines if a Class B Drug Charge is Felony or Misdemeanor

    My question involves criminal law for the state of: MA

    On Halloween of 2009 I was arrested for the Massachusetts open container law while standing outside of a party even though I was 23 years old. After the cops put the cuffs on me they searched my pockets and found two E pills. I was charged with a felony class B possession. I don't understand why getting caught with such a small amount is a felony. I didn't have a long previous record just an underage drinking charge and a marijuana charge. Also, does this marijuana charge disappear from my record since it was decriminalized.

  2. #2
    Join Date
    Sep 2010
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    19,891

    Default Re: What Determines if a Class B Drug Charge is Felony or Misdemeanor

    Because possession of any amount of class B drugs in Massachusetts is a felony. It's only pot that they give you special dispensation for small amounts. Your previous marijuana charge is likely to screw your ability to get a diversion on this charge. You are in serious need of a lawyer.

    No, just because something is no longer a crime doesn't make your previous criminal convictions go away.

  3. #3
    Join Date
    Jul 2011
    Location
    Boston, Mass
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    14

    Default Re: What Determines if a Class B Drug Charge is Felony or Misdemeanor

    Quote Quoting csimmzy1014
    View Post
    My question involves criminal law for the state of: MA

    On Halloween of 2009 I was arrested for the Massachusetts open container law while standing outside of a party even though I was 23 years old. After the cops put the cuffs on me they searched my pockets and found two E pills. I was charged with a felony class B possession. I don't understand why getting caught with such a small amount is a felony. I didn't have a long previous record just an underage drinking charge and a marijuana charge. Also, does this marijuana charge disappear from my record since it was decriminalized.
    I'm not sure if this is too late, since this post seems to be about a month ago. But for whatever reason, it seems you may be charged with possession w/ intent to distribute--which is a felony. Could have been packaging. Sounds like you've got a decent motion to suppress anyway.

  4. #4
    Join Date
    Sep 2010
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    19,891

    Default Re: What Determines if a Class B Drug Charge is Felony or Misdemeanor

    Hel, he is probably long gone at this point and go back and read my response. There's no necessity to be charged with distribution. Simple possession of two MDMA tablets is a felony.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: What Determines if a Class B Drug Charge is Felony or Misdemeanor

    Laws can different greatly from state to state,if the open container was an arrestable offense doesn't that make the search legal?

  6. #6

    Default Re: What Determines if a Class B Drug Charge is Felony or Misdemeanor

    I agree with TC498. If the arrest is legal (i.e cops had probable cause to believe you were committing a crime), cops can not only pat you down for weapons for their safety but also inventory everything you have on your person - pockets - jacket etc. What would be illegal if they then went to your car and searched that since you were outside. Not much of a chance to suppress the fruits of the search, in my opinion.

  7. #7
    Join Date
    Jul 2011
    Location
    Boston, Mass
    Posts
    14

    Default Re: What Determines if a Class B Drug Charge is Felony or Misdemeanor

    You're assuming that the arrest was legal--probable cause is not the only determinant. If police came onto the property in which the defendant had a right to privacy, and the police lacked lawful cause to enter the property, you believe that the defendant may then be charged with whatever was discovered through the course of an inventory search?

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