I don't make enough money to hire a lawyer but not eligible for public defender either. What should we expect?

Jacky (Guest) on Monday, November 26 2012, 10:35 AM
17 year old high school, distribution, school zone - Boston Common during Hemp Fest, less than a gram, no criminal record. Police observed him measure and pass a bag to a friend. The friend then passed a bag to a 3rd friend and took money. Police stopped them and my son had nothing on him except a small pocket scale and one plastic bag
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  • Replied by Attorney Howard Lewis on Monday, November 26 2012, 11:01 AM · Hide · #1
    I am sorry that you are going through this. Your issue really is not the possession part because a first time possession of less than an ounce, which you have, is a civil infraction. However, keep in my that the second and subsequent offenses under the current statute are more serious and could result in a criminal conviction and loss of a drivers license if not handled property. It is the distribution part you want to work on with a local attorney and have him or her “break” the charges down to simple possession especially given the facts you presented. You should be ok. Take care and I hope that things work out.
    Replied by Attorney Michael Franklin on Monday, November 26 2012, 04:26 PM · Hide · #2
    The police observed 3 friends pass this bag of allegedly an illegal substance, presumably marijuana, amongst each other. The government will have to test the substance and provide an official certification that it is marijuana as well as the official weight of the marijuana in the bag that was passed around. If the results come back that the bag contained marijuana and the official weight of the entire bag of it is more than 1 ounce, the testimony of the police observing all 3 possessing the bag is sufficient to obtain a conviction for your son. Nevertheless, since he doesn’t have a prior criminal record, I anticipate that the District Attorney’s office may dismiss the School Zone portion of the charge of Possession of a Class D Substance with Intent to Distribute because it mandates a minimum sentence of two years in the house of correction. The prosecutor may dismiss the possession charge with Court Costs or offer your son a continuance without a finding of guilt so long as he successfully completes a probationary period (generally 6 months to a year). If the bag of marijuana weighed less than 1 ounce, no criminal convictions will result but civil penalties will be imposed and fines will be assessed.
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