Legal Question in Criminal Law in Massachusetts

My son is guilty - no doubt. But I am troubled. He sold one pill 3x to an undercover which enabled them to get a search warrant to arrest him - 32 pills on him at time of arrest. He pleaded sufficient facts to possession with intent to distribute in District Court which was 'continued without a finding.' A few months later he was summoned to be indicted in Superior Court for the 3 pills. He pleaded guilty to 'possession with intent to distribute.' To me, it's the same case. They wouldn't have the arrest without the sales. I just want an outside source to tell me that it is legal to do what they've done so I can have peace. Thanks.


Asked on 3/22/10, 9:49 am

3 Answers from Attorneys

William Harrington Law Office of William T. Harrington

The sale of 3 pills and the possession of other pills are separate incidents and can be charged separately.

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Answered on 3/27/10, 1:09 pm
Joseph Murray Joseph M. Murray, Esq.

Possession and sale are separate matters that can be charged separately.

If your son does not yet have an attorney, he should retain one immediately and confide only in that attorney and to no one else and especially not on an open forum like the internet.

He is not guilty unless convicted. And he has a right to a trial by his peers before that can happen. Good Luck!

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Answered on 3/27/10, 8:11 pm
George Davis Law Office of T. George Davis, Jr.

While I agree in principle with Attorneys Harrington and Murray, I suggest that you consult with the attorney who represented your son in the district court proceedings. Ideally, all of the incidents would have been addressed in that proceeding, so that your son could not be charged later for what you've called "the same case." The attorney who handled that district court matter would be in the best position to know. To be honest, I'm a little surprised by the scenario you've described, because normally everything would have been addressed in district court, and I imagine that the police report referenced both the undercover buys and the search warrant. In any event, you need to go to the source, and that would be the attorney who represented your son in the district court proceeding. Good luck.

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Answered on 4/28/10, 9:43 am


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