Legal Question in Criminal Law in Massachusetts

Subsequent offense, possesion of Class D substance

I was followed for a couple miles,by an officer..I never saw him, I pulled into my work parking lot..and he followed me..walked up to my car and said..your music was too loud

he said" you should notice when there is a police car following you, doing what you were doing"

he asked me to get out,of the car and empty my pockets..I cooperated and did as he asked, my pocket contained a baggie with some marijuana sticks and seeds..I honestly admitted I was smoking pot when he asked me if I was under the influence..he told me I could lose my license for over 200 days,if I was arrested for driving under

this a subsequent offense, first one without a finding for 1 yr,less than 2 mos later,this happened

I can't afford an atty..how do I get a court appointed one? and do I need one?

I was told by my parents that I'll probably lose my license, be subjected to random drug tests..and be found guilty, go for substance abuse counselling

what should I do?


Asked on 8/20/00, 12:33 pm

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Subsequent offense, possesion of Class D substance

If the officer did not know or believe a crime

had been committed, did not see you committing a

crime, and did not believe you were going to

commit a crime, he should not have stopped you.

That is, if none of the above were true, then the stop

was unlawful.

Even if we assume the stop was lawful, the most

he should have done was ask you for your license and

registration. Then assuming that you gave them

to him, he should have let you go.

Anything else he asked you to do from that time forward was unlawful.

Under the scenario described above, the MJ/seeds would be inadmissible.

Get an attorney quickly. You do not want to go forward alone

on this type of charge. It can only get worse in later years.

Are you male? female? minority? old car? newer car?

By the way, your story is a bit ambiguous: it is

unclear (1) whether he saw you smoking while

driving and (2) whether you admitted to smoking

while driving or to smoking in general.

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Answered on 9/26/00, 9:24 pm
Thomas Workman Law Offices of Thomas Workman

Re: Subsequent offense, possesion of Class D substance

If you were given a CWOF disposition 2 months before this happened, the probation department will be issuing a probation surrender notice shortly, if you have not already received it. The CWOF carried with it the condition that you not disobey the laws of the Commonwealth. If you are found to have violated probation, the CWOF can be converted to a guilty finding, and any lawful sentence can be imposed, including a sentence in the House of Corrections for up to 2.5 years. This is serious. You need an attorney, unless you do not care if you go to the House of Corrections.

The new charges of operating under the influence of drugs carry a mandatory minimum of 60 days in the House of Corrections, with a possibility of an alternate disposition of 14 days in detox (a lock down situation). There is a signiificant loss of license, and if you are under 21, it is very severe.

Even if you can suppress the evidence on the new charges, you may be found to have violated your probation. You can be found in violation even if you are found not guilty on the new charges. This is a difficult area of the law, and you need an attorney before you do something in one area that has disastrous effects in the other area (probation and new charges are the two situations you face).

A judge is not going to look kindly on your situation. The judge sees a person who was given an opportunity to obey the law, who some 60 days later violated the law and was driving under the influence of a substance that impaired your ability... He or she may impose a harsh sentence. You need a lawyer, and fast... Good luck.

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Answered on 9/27/00, 7:09 pm


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