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  1. #1
    Join Date
    Feb 2013
    Posts
    1

    Default Assault Battery, Possession of Marijuana, Intent to Sell, Cultivation of Marijuana

    My question involves criminal law for the state of Massachusetts

    My husband needs some legal advice. He is currently held at a prison hospital for an evaluation to see if he is competent to stand trial.

    During the day that he was arrested, my husband was hallucinating and trashed our entire home. I was away at the time and our children were with him, ages 10 - 14. We live in a duplex and my husband was smashing the the glass out of the doors. At that time the neighbor next door of the duplex, we share a common area, came to our front door as my husband was leaving. The neighbor had a large stick, sort of like a flashlight and had it up like he was about to strike. He demanded to know what was going on and my husband said if you want to hit me go ahead. My husband was also carrying a hammer when he was smashing the glass out the doors. My husband was on his way out and the neighbor called the police that there was a dispute between them. When the police arrive, my husband was not home, knocked on the door and my son open it. They saw they trashed house and my son told them that his brothers were upstairs and that their father was not home. The police decided to search the house and food marijuana in the living room and a grow room in the basement with 31 plants. The social services were called and the children were taken away. My husband was later found about 45 minutes away wearing just a jersey and no shoes. He was arrested and brought back to our city.

    My question to you is, what does he do now? He was not a drug dealer nor a violent person. There were no scales or cash found in the house. What is going to happen to him? He’s never had a criminal record either. He is being charged with assault with a hammer against the neighbor (who was not hurt), assault charges against our 3 children (who were not hurt), possession of marijuana and intent to sell, and cultivation of marijuana. They police was there for a dispute and search the house illegally?

    I have spoken with a lot of my neighbors and they would like to write statements that about him – that he is a helping and friendly neighbor and no suspicious drug activity in the area. He is very well like in our neighborhood besides our next door neighbor in our duplex. Also, during the night of the dispute, it has come to my attention that my neighbor across the street saw what happen between my husband and the neighbor. He heard the neighbor yelling at my husband and holding a stick on our side of our common area. The police do not know this. He them saw my husband leave the house and getting into the car. He says my husband was in no rush. After that, he heard my neighbor stand in our common area yelling into the phone and then the police shows up.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Assault Battery, Possession of Marijuana, Intent to Sell, Cultivation of Marijuan

    The first thing you husband needs to do is seek treatment for whatever sent him to the cuckoo house. Then he needs a good lawyer. The neighbor having a stick, which given the hoopla he will argue was to defend himself from an apparently dangerous person, doesn't change any of your husband's charges. Given the fact that children were present and possibly injured or in danger, the police will argue exigent circumstances to search the home. Whether an attorney will get it dropped, we cannot say.

    31 plants? That is NOT personal use. Nor is it going to do you any favors with child services.

    The first thing you need to do is find alternate living arrangements for you and your children (when and if you get them back). Your husband needs help and until he gets it, all of you are potentially in serious danger. Has this ever happened before?

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Assault Battery, Possession of Marijuana, Intent to Sell, Cultivation of Marijuan

    I am wondering why you weren't charged for the MJ as well.

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